Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Columbia Law School (2)
- Duke Law (2)
- George Washington University Law School (2)
- Texas A&M University School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
-
- Chicago-Kent College of Law (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- Seattle University School of Law (1)
- Technological University Dublin (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of Akron (1)
- University of Chicago Law School (1)
- University of Connecticut (1)
- University of Dayton (1)
- University of Michigan Law School (1)
- University of Minnesota Law School (1)
- University of the Pacific (1)
- Valparaiso University (1)
- Vanderbilt University Law School (1)
- Western Kentucky University (1)
- William & Mary Law School (1)
- Keyword
-
- Culture (2)
- Humanities (2)
- ASLCH (1)
- Abrham Lincoln (1)
- American Law Institute (ALI) (1)
-
- Antitrust (1)
- Asset-based financing (1)
- Athlete (1)
- Benjamin Bristow (1)
- Benjamin Helm Bristow (1)
- Biblical imagery (1)
- Bonds (1)
- Brand names (1)
- California Law Review (1)
- Civil rights (1)
- Civil union (1)
- Competition (1)
- Computer Law (1)
- Conference (1)
- Constitution (1)
- Constitutional Law (1)
- Constitutional law (1)
- Copyright law (1)
- Countermarriage regime (1)
- Covered bonds (1)
- Criminal Procedure (1)
- Curriculum (1)
- DOMA (1)
- Debt relief (1)
- Defense of Marriage Act (1)
- Publication
-
- Faculty Scholarship (6)
- Association for the Study of Law, Culture, & the Humanities 14th Annual Conference (2)
- GW Law Faculty Publications & Other Works (2)
- About the Law School (1)
- Akron Law Faculty Publications (1)
-
- All Faculty Scholarship (1)
- Articles (1)
- Articles by Maurer Faculty (1)
- Books/Book Chapters (1)
- Connecticut Public Interest Law Journal (1)
- Faculty Articles (1)
- Faculty Publications (1)
- Law Faculty Publications (1)
- MSS Finding Aids (1)
- McGeorge School of Law Scholarly Articles (1)
- Public Law and Legal Theory Working Papers (1)
- Res Gestae (1)
- Scholarly Articles (1)
- School of Law Faculty Publications (1)
- Vanderbilt Law School Faculty Publications (1)
Articles 1 - 27 of 27
Full-Text Articles in Entire DC Network
Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose
Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose
Faculty Scholarship
This article considers the First Amendment implications regarding limitations placed on student athletes' use of social media. Schools have a vested interest in controlling their athletes' public expressions, whether such expressions are found in tattoos, public interviews or tweets. Like it or not, a great deal of damage can occur in "140 words or less." And, displeased student-athletes have choices. Twitter or touchdowns. Facebook from your dorm or facetime on television hitting three-pointers. While universities are generally places that encourage robust speech and debate, there are defensible, and arguably lawful, reasons why schools should limit student-athletes' use of social media. …
Criminal Law’S Tribalism, Molly Townes O'Brien
Criminal Law’S Tribalism, Molly Townes O'Brien
Connecticut Public Interest Law Journal
No abstract provided.
Irish Law 2011: An Insider's Guide To Notre Dame Law School, Notre Dame Law School
Irish Law 2011: An Insider's Guide To Notre Dame Law School, Notre Dame Law School
About the Law School
We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That's why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you'll be as eager to join us as we are to have …
Tosh, Ted Rockwell (Sc 2462), Manuscripts & Folklife Archives
Tosh, Ted Rockwell (Sc 2462), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and full text of manuscript (Click on "Additional Files" below) for Manuscripts Small Collection 2462. Compact disc with electronic copy of "Benjamin Helm Bristow," a biography of the Elkton, Kentucky native, state senator and U.S. Solicitor General by Ted Rockwell Tosh. The 494-page biography includes bibliography and index.
Transnational Constitutionalism And Unconstitutional Constitutional Amendments, Rosalind Dixon
Transnational Constitutionalism And Unconstitutional Constitutional Amendments, Rosalind Dixon
Public Law and Legal Theory Working Papers
Many courts, and constitutions, worldwide recognize the concept of an “unconstitutional constitutional amendment”, yet such a concept clearly raises troubling issues from the perspective of the rule of law, or concerns about judicial discretion. This essay addresses this issue – of discretion in the context of a doctrine of substantively unconstitutional constitutional amendments – by considering the possibility of courts limiting the scope of their discretion by linking notions of what is “fundamental” in a domestic constitutional system to common or generic transnational legal practices. This idea of transnational anchoring builds on previous work by scholars in the field, such …
Vol. 61, No. 7, March 24, 2011, University Of Michigan Law School
Vol. 61, No. 7, March 24, 2011, University Of Michigan Law School
Res Gestae
•Foxes, Gin, Puss-Cats, and Pornography •Alternative Spring Break •Law School Prom Q&A •Herzog's Last Laugh •Beer Gal •Sudoku •Spring Break Pics •Dean Z's Facebook •Kicking it Old School •Butch Carpenter •Crossword
Conference Program -- Association For The Study Of Law, Culture, & The Humanities 14th Annual Conference, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Conference Program -- Association For The Study Of Law, Culture, & The Humanities 14th Annual Conference, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Association for the Study of Law, Culture, & the Humanities 14th Annual Conference
The UNLV William S. Boyd School of Law hosted the Association for the Study of Law, Culture & the Humanities 14th Annual Conference from March 11-12, 2011. The Association brings together more than 275 interdisciplinary scholars from around the world each year to discuss law and legal issues from a broad perspective. Scholars attended the meeting at UNLV from Australia, Canada, England, Ireland, Italy, New Zealand and Sweden. The theme of the conference, drawing on the work of Nan Seuffert of the University of Waikato, was "Boundaries and Enemies."
The Association for the Study of Law, Culture and the Humanities …
Conference Bibliography: Selected Books And Other Publications By Conference Participants And New Scholarly Books Related To Law And The Humanities, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Conference Bibliography: Selected Books And Other Publications By Conference Participants And New Scholarly Books Related To Law And The Humanities, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Association for the Study of Law, Culture, & the Humanities 14th Annual Conference
A selected bibliography was prepared in connection with the Association for the Study of Law, Culture and the Humanities 14th Annual Conference held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on March 11-12, 2011.
Siting Offshore Hydrokinetic Energy Projects: A Comparative Look At Wave Energy Regulation In The Pacific Northwest, Rachael E. Salcido
Siting Offshore Hydrokinetic Energy Projects: A Comparative Look At Wave Energy Regulation In The Pacific Northwest, Rachael E. Salcido
McGeorge School of Law Scholarly Articles
No abstract provided.
Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig
Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig
Law Faculty Publications
Same-sex couple rights are the topic of much discussion and debate. There are court challenges to the constitutionality of the Defense of Marriage Act (“DOMA”) as well as proposed marriage statutes. The message and the structure for the recognition of same-sex rights need to be modified. This Article proposes applying, for the first time in the area, modern sociology theory, specifically Diffusion Theory, to change how the message is delivered. Using Diffusion Theory to change the message frame will change judicial decisions. By using the backdrop of the Florida adoption statute, a comparison between the successful challenges to the Florida …
Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr.
Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr.
All Faculty Scholarship
The market for video entertainment is growing and becoming more diverse as technology reduces barriers to entry for small, independent moviemakers and distributors and increases consumers’ ability to access the media of their choice. The growing complexity of the market, however, increases transaction costs for new entrants who must obtain licenses to copyrighted music, characters, storylines, or scenes that they incorporate into their movies. The entertainment bonanza offered by new technologies may not be realized in practice because of market failure. The purposes of the Copyright and Patents Clause are frustrated because creators of new works wishing to use new …
A Higher Law: Abraham Lincoln's Use Of Biblical Imagery, Wilson Huhn
A Higher Law: Abraham Lincoln's Use Of Biblical Imagery, Wilson Huhn
Akron Law Faculty Publications
Lincoln’s use of biblical imagery in seven of his works: the Peoria Address, the House Divided Speech, his Address at Chicago, his Speech at Lewistown, the Word Fitly Spoken fragment, the Gettysburg Address, and the Second Inaugural. Lincoln uses biblical imagery to express the depth of his own conviction, the stature of the founders of this country, the timeless and universal nature of the principles of the Declaration, and the magnitude of our moral obligation to defend those principles. Lincoln persuaded the American people to embrace the standard “all men are created equal” and to make it part of our …
Gendering Constitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ní Aoláin, Naomi Cahn
Gendering Constitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ní Aoláin, Naomi Cahn
Articles
Over the past quarter-century, many countries have experienced deeply divisive and highly destructive armed conflicts, ranging from Afghanistan to The Democratic Republic of Congo to Rwanda, East Timor, Northern Ireland, and the countries of the former Yugoslavia. Each of these countries is at a different point on the spectrum of emerging from and addressing the causes of conflicts. Moreover, with varying degrees of intervention and assistance from the international community, each is responding in highly differentiated ways to the challenges of emerging from conflict, as well as rebuilding or creating new institutions to allow movement forward.
Intellect And Virtue: The Idea Of A Catholic University, John H. Garvey
Intellect And Virtue: The Idea Of A Catholic University, John H. Garvey
Scholarly Articles
No abstract provided.
Irish Business And Society: Governing, Participating And Transforming In The 21st Century, John Hogan, Paul Donnelly, Brendan O'Rourke
Irish Business And Society: Governing, Participating And Transforming In The 21st Century, John Hogan, Paul Donnelly, Brendan O'Rourke
Books/Book Chapters
Irish Business and Society is a contemporary exploration of the wide-ranging debates surrounding the relationships between business and society in 21st century Ireland, providing a context in which to question and inform our perspectives on both. The book consists of diverse and thought-provoking contributions from leading business researchers, economists, sociologists and political scientists from Ireland and abroad, which address five central themes:
-- The Making and Unmaking of the Celtic Tiger
-- Governance, Regulation & Justice
-- Partnership & Participation
-- The nature of Irish Borders within Ireland, Europe & the Wider World
-- Interests & Concerns in Contemporary …
Evolving Equality: The Development Of The International Defense Bar, Michael A. Newton
Evolving Equality: The Development Of The International Defense Bar, Michael A. Newton
Vanderbilt Law School Faculty Publications
Defense counsel in international criminal proceedings face difficult challenges that are intrinsic to the modern system of internationalized accountability; yet their professionalism and performance represent perhaps the most determinative dimension for evaluating the overall fairness of what the world terms “justice” for grievous atrocities. Defense teams labor against the tides of public opinion and the deeply felt pain of the victims of mass atrocities. Abandonment of appropriate defense efforts, whether the result of professional fecklessness or personal pressures, would transform international criminal law into an organized sham aimed at achieving a shadow of justice while undermining the rights of the …
Pricing Terms In Sovereign Debt Contracts: A Greek Case Study With Implications For The European Crisis Resolution Mechanism, Mitu Gulati, Stephen J. Choi, Eric A. Posner
Pricing Terms In Sovereign Debt Contracts: A Greek Case Study With Implications For The European Crisis Resolution Mechanism, Mitu Gulati, Stephen J. Choi, Eric A. Posner
Faculty Scholarship
Conventional wisdom holds that boilerplate contract terms are ignored by parties, and thus are not priced into contracts. We test this view by comparing Greek sovereign bonds that have Greek choice-of-law terms and Greek sovereign bonds that have English choice-of-law terms. Because Greece can change the terms of Greek-law bonds unilaterally by changing Greek Law, and cannot change the terms of English-law bonds, Greek-law bonds should be riskier, with higher yields and lower prices. The spread between the two types of bonds should increase when the probability of Greek default increases. Recent events allow us to test this hypothesis, and …
An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez
An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez
Faculty Articles
The free market reforms adopted by Mexico in the wake of the debt crisis of the 1980s and in connection with the North American Free Trade Agreement (NAFTA) have jeopardized the physical and cultural survival of Mexico’s indigenous peoples, increased migration to the United States, threatened biological diversity in Mexico, and imposed additional stress on the environment in the United States. Despite these negative impacts, NAFTA continues to serve as a template for trade agreements in the Americas. Unless this template is fundamentally restructured, future trade agreements may replicate throughout the Western hemisphere many of the economic, ecological and social …
The Domestic Face Of Globalization: Law's Role In The Integration Of Immigrants In The United States, Alfred C. Aman, Graham Rehrig
The Domestic Face Of Globalization: Law's Role In The Integration Of Immigrants In The United States, Alfred C. Aman, Graham Rehrig
Articles by Maurer Faculty
This article applies a global perspective to immigration in the United States, focusing in particular on law’s role in the integration of immigrants into U.S. society. The global perspective illuminates the relationship of immigration to other forms of transnationalism, as well as to the situation of non-immigrant minorities and the working poor. We review the history of immigration law in the United States as well as the main elements of current debate. Drawing on the Constitution’s guarantees of equal protection, as well as the preemption doctrine, we suggest specific ways in which immigration law might optimally evolve in the future. …
"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs
"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs
Faculty Publications
No abstract provided.
"European Copyright Code" – Back To First Principles (With Some Additional Detail), Jane C. Ginsburg
"European Copyright Code" – Back To First Principles (With Some Additional Detail), Jane C. Ginsburg
Faculty Scholarship
The "Wittem Group" of copyright scholars has proposed a "European Copyright Code," to "serve as an important reference tool for future legislatures at the European and national levels." Because, notwithstanding twenty years of Directives and a growing ECJ caselaw, copyright law in EU Member States continues to lack uniformity, the Wittem Group’s endeavor should be welcomed, at least as a starting point for reflection on the desirable design of an EU copyright regime. Whether or not the proposed Code succeeds in influencing national or Community legislation, it does offer an occasion to consider the nature of the rights that copyright …
Global Economies, Regulatory Failure, And Loose Money: Lessons For Regulating The Finance Sector From Iceland's Financial Crisis, Birgir T. Petursson, Andrew P. Morriss
Global Economies, Regulatory Failure, And Loose Money: Lessons For Regulating The Finance Sector From Iceland's Financial Crisis, Birgir T. Petursson, Andrew P. Morriss
Faculty Scholarship
Iceland was the first developed economy to fall into crisis in 2008, with the collapse of its banking sector, currency value, and economy. The collapse threw Iceland into a political crisis and provoked a serious international dispute between Iceland and Britain and the Netherlands over responsibility for the failed banks. Prior to 2008, Iceland had been treated as the poster child for deregulation; since 2008, it has been held up as the poster child for the dangers offinancial liberalization. Neither is accurate. Rather, Iceland presents a cautionary tale about the interrelationships between fiscal and monetary policy and regulatory measures. Excessive …
The Impact Of The American Doctrine Of Discovery On Native Land Rights In Australia, Canada, And New Zealand, Blake Watson
The Impact Of The American Doctrine Of Discovery On Native Land Rights In Australia, Canada, And New Zealand, Blake Watson
School of Law Faculty Publications
In Johnson v. McIntosh, John Marshall proclaimed that European discovery of America “gave exclusive title to those who made it . . . .” 21 U.S. 543, 574 (1823). Marshall presented a revised version of the discovery doctrine in Worcester v. Georgia, 31 U.S. 515 (1832), yet it is Johnson that remains the leading decision on native property rights in the United States. The Johnson discovery rule has not only diminished native rights in the United States, but has also influenced the definition of indigenous land rights in Australia, Canada, and New Zealand.
This Article sheds light on …
The Conundrum Of Covered Bonds, Steven L. Schwarcz
The Conundrum Of Covered Bonds, Steven L. Schwarcz
Faculty Scholarship
Covered bonds, which have been part of European fi nance since the time of Frederick the Great, are now being widely touted as the answer to securitization’s imperfections. There is great confusion, though, about the nature of covered bonds and their relationship to secured bond fi nancing and securitization. This article attempts to demystify covered bonds, examining how they fi t within a larger fi nancing framework, analyzing their legal rights and obligations, and comparing their costs and benefi ts. The benefi ts of covered bonds are similar to those of securitization; both can access low-cost capital market funding with …
Removing Property From Intellectual Property And (Intended?) Pernicious Impacts On Innovation And Competition, F. Scott Kieff
Removing Property From Intellectual Property And (Intended?) Pernicious Impacts On Innovation And Competition, F. Scott Kieff
GW Law Faculty Publications & Other Works
Commentators have poured forth a loud and sustained outcry over the past few years that sees property rule treatment of intellectual property (IP) as a cause of excessive transaction costs, thickets, anticommons, hold-ups, hold-outs, and trolls, which unduly tax and retard innovation, competition, and economic growth. The popular response has been to seek a legislative shift towards some limited use of weaker, liability rule treatment, usually portrayed as “just enough” to facilitate transactions in those special cases where the bargaining problems are at their worst and where escape hatches are most needed. This essay is designed to make two contributions. …
Trademark Infringement, Trademark Dilution, And The Decline In Sharing Of Famous Brand Names: An Introduction And Empirical Study, Robert Brauneis, Paul J. Heald
Trademark Infringement, Trademark Dilution, And The Decline In Sharing Of Famous Brand Names: An Introduction And Empirical Study, Robert Brauneis, Paul J. Heald
GW Law Faculty Publications & Other Works
This article provides an introduction to the study of brand-name sharing, and presents results from an empirical study of sharing rates among 131 famous brand names from 1940 through 2010, conducted through an examination of business names in the white pages telephone directories of Chicago, Philadelphia, and Manhattan. Perhaps the most dramatic finding of the study is that independent uses of the 131 brand names – that is, uses of those names by businesses other than those that made the names famous – have declined from 3000 to 1380 between 1960 and 2010, a 54% drop. The article then assesses …
Regulatory Fictions: On Marriage And Countermarriage, Elizabeth F. Emens
Regulatory Fictions: On Marriage And Countermarriage, Elizabeth F. Emens
Faculty Scholarship
Debates about marriage currently capture much public attention. Scholars have pushed beyond the question of whether gays are worthy of marriage to ask whether marriage is worthy of gays. The present moment of questioning marriage in its current form may be brief Thus, we should take this opportunity to imagine the widest possible range of alternatives to our current marriage regime – what I call countermarriage regimes. This Essay draws on two unlikely sources of legal innovation to expand our thinking about marriage alternatives: literature and anti-gay law. Literature offers an array of countermarriage regimes, including exploding marriage, three-strikes marriage, …