Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (682)
- Law and Society (119)
- Constitutional Law (77)
- Public Law and Legal Theory (74)
- Jurisprudence (73)
-
- Law and Economics (61)
- Law and Politics (57)
- Social and Behavioral Sciences (56)
- Courts (50)
- Economics (48)
- Legislation (48)
- Civil Rights and Discrimination (47)
- Judges (43)
- Business Organizations Law (40)
- Legal History (39)
- Legal Profession (35)
- Criminal Law (34)
- Litigation (34)
- Human Rights Law (33)
- Comparative and Foreign Law (30)
- Social Welfare Law (30)
- Criminal Procedure (28)
- Administrative Law (27)
- Commercial Law (27)
- Contracts (27)
- Internet Law (27)
- Science and Technology Law (26)
- Civil Law (25)
- International Law (24)
- Jurisdiction (23)
- Institution
-
- SelectedWorks (408)
- BLR (128)
- Selected Works (95)
- University of San Diego (18)
- The University of Akron (12)
-
- Chicago-Kent College of Law (6)
- University of Kentucky (5)
- University of Georgia School of Law (2)
- University of Miami (2)
- University of Pennsylvania (2)
- Widener Law (2)
- Chapman University Dale E. Fowler School of Law (1)
- Charleston School of Law (1)
- Howard University (1)
- Loyola Marymount University and Loyola Law School (1)
- Nova Southeastern University (1)
- Pace University (1)
- Penn State Law (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Baltimore (1)
- Villanova University Charles Widger School of Law (1)
- Western State College of Law (1)
- Publication Year
- Publication
-
- ExpressO (120)
- University of San Diego Public Law and Legal Theory Research Paper Series (15)
- Linda H. Edwards (14)
- Akron Law Faculty Publications (12)
- Eric H Schepard (11)
-
- Jacqueline D Lipton (11)
- Justin Schwartz (11)
- michal buchhandler-raphael (9)
- Neta-li E Gottlieb (7)
- All Faculty Scholarship (6)
- Goutam U Jois (6)
- Jorge R Roig (6)
- Benedict Sheehy (5)
- James D. Ridgway (5)
- David J. Arkush (4)
- Elizabeth M Glazer (4)
- Shelby A.D. Moore (4)
- Adam Shajnfeld (3)
- Chad Emerson (3)
- Dr. Richard Cordero Esq. (3)
- Dru Stevenson (3)
- JOHN MUKUM MBAKU (3)
- James M. Donovan (3)
- Jeffery L Johnson (3)
- John W Hill Sr (3)
- Josh Blackman (3)
- Joshua M. Koppel (3)
- Mark M Bell (3)
- Michael D. Mann (3)
- Richard W. Trotter Esq. (3)
- Publication Type
Articles 1 - 30 of 691
Full-Text Articles in Entire DC Network
Can Dna Be Speech?, Jorge R. Roig
Can Dna Be Speech?, Jorge R. Roig
Jorge R Roig
Challenging The Federal Prohibition Of Gun Ownership By Nonviolent Felons, Conrad B. Kahn
Challenging The Federal Prohibition Of Gun Ownership By Nonviolent Felons, Conrad B. Kahn
South Texas Law Review
No abstract provided.
The Un As Good Samaritan: Immunity And Responsibility, Kristen Boon
The Un As Good Samaritan: Immunity And Responsibility, Kristen Boon
Chicago Journal of International Law
Since the United Nation’s founding, its need for immunity from the jurisdiction of member states courts has been understood as necessary to achieve its purposes. Immunities, however, conflict with an individual’s right to a remedy and the law’s ordinary principles of responsibility for causing harm. This inherent conflict at the center of the immunity doctrine has evolved into a very public rift in the Haiti Cholera, Kosovo Lead Poisoning, and Mothers of Srebrenica cases against the United Nations.
In these three cases alleging mass torts by the UN, the independence of the organization is perceived by some to have trumped …
Freedom, Legality, And The Rule Of Law, John A. Bruegger
Freedom, Legality, And The Rule Of Law, John A. Bruegger
John A Bruegger
There are numerous interactions between the rule of law and the concept of freedom, looking at Fuller’s eight principles of legality, the positive and negative theories of liberty, coercive and empowering laws, and the formal and substantive rules of law. Adherence to the rules of formal legality promote freedom by creating stability and predictability in the law, on which the people can then rely to plan their behaviors around the law – this is freedom under the law. Coercive laws can actually promote negative liberty up to pulling people out of a Hobbesian state of nature, and then thereafter can …
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra
Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra
Thiago Luís Santos Sombra
This essay propose an analysis about how Warren Court became one of the most particular in American History by confronting Jim Crow law, especially by applying the Bill of Rights. In this essay, we propose an analysis of how complex the unwritten Constitution is. Cases like Brown vs. Board of Education will be analyzed from a different point of view to understand the methods of the Court.
Do We Know How To Punish?, Benjamin L. Apt
Do We Know How To Punish?, Benjamin L. Apt
Benjamin L. Apt
A number of current theories attempt to explain the purpose and need for criminal punishment. All of them depend on some sort of normative basis in justifying why the state may penalize people found guilty of crimes. Yet each of these theories lacks an epistemological foundation; none of them explains how we can know what form punishments should take. The article analyses the epistemological gaps in the predominant theories of punishment: retributivism, including limited-retributivism; and consequentialism in its various versions, ranging from deterrence to the reparative theories such as restorative justice and rehabilitation. It demonstrates that the common putative epistemological …
Toward A New Language Of Legal Drafting, Matthew Roach
Toward A New Language Of Legal Drafting, Matthew Roach
Matthew Roach
Lawyers should write in document markup language just like web developers, digital publishers, scientists, and almost everyone else.
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
Miguel Martínez
The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.
In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider
In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider
School of Law Faculty Publications
Abstract:
Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections of …
Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein
Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein
Wendy Netter Epstein
The market for public-private contracting is huge and flawed. Public-private contracts for services such as prisons and welfare administration tend to result in cost savings at the sacrifice of quality service. For instance, to cut costs, private prisons skimp on security. Public law scholars have studied these problems for decades and have proposed various public law solutions. But the literature is incomplete because it does not approach the problem through a commercial lens. This Article fills that gap. It considers how economic analysis of contract law, in particular efficiency theory and agency theory, bear upon the unique problems of public-private …
Why Venture Capital Will Not Be Crowded Out By Crowdfunding, Ryan Kantor
Why Venture Capital Will Not Be Crowded Out By Crowdfunding, Ryan Kantor
Legal Issues Journal (United Kingdom)
As the recovery period from one of the worst recessions in our history continues on, life for the fledgling and even, often times, experienced entrepreneur has been tough. Indeed, President Obama remarked “[c]redit’s been tight, and no matter how good their ideas are, if an entrepreneur can’t get a loan from a bank or backing from investors, it’s always impossible to get their businesses off the ground.” In response to this ever-present need for business funding, and in an attempt to stimulate the economy and job growth, Obama signed the Jumpstart Our Business Startups Act (“JOBS Act”) into law on …
The Roberts Court And Penumbral Federalism, Edward Cantu
The Roberts Court And Penumbral Federalism, Edward Cantu
Catholic University Law Review
For several decades the Court has invoked “state dignity” to animate federalism reasoning in isolated doctrinal contexts. Recent Roberts Court decisions suggest that a focus on state dignity, prestige, status, and similar ethereal concepts—which derive from a “penumbral” reading of the Tenth Amendment—represent the budding of a different doctrinal approach to federalism generally. This article terms this new approach “penumbral federalism,” an approach less concerned with delineating state from federal regulatory turf, and more concerned with maintaining the states as viable competitors for the respect and loyalty of the citizenry.
After fleshing out what “penumbral federalism” is and its …
The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin
The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin
Jaimie K. McFarlin
This article serves to examine the role of the courthouse during the Jim Crow Era and the early stages of the Civil Rights Movement, as courthouses fulfilled their dual function of minstreling Plessy’s call for “equality under the law” and orchestrating overt segregation.
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Sara L Crewson
Tort law and insurance companies are failing to provide female domestic violence victims with adequate access to civil courts, proper legal mechanisms with which to gain that access, and are far behind the times when compared to other gender-linked crimes like those of rape and sexual assault. The Restatement of Torts (Third) has classified domestic violence as an intentional tort, and most insurance policies will not provide coverage for harms that were committed intentionally. Certain homeowners' insurance policies won't provide coverage if a spouse tries to sue another spouse for harms committed, leaving vulnerable wives unable to seek compensation for …
California’S Good Samaritan Law: Correcting Ambiguities To Induce Action, Sara Popovich
California’S Good Samaritan Law: Correcting Ambiguities To Induce Action, Sara Popovich
Sara Popovich
This Note argues that California should amend its Good Samaritan law by either creating a duty to assist or clarifying the statute. It first outlines the history of Good Samaritan law in California and describe developments in the law through today. It then argues that Good Samaritan law in California is ineffective because citizens still fear legal liability and thus refuse to assist during emergencies. Finally, it proposes specific changes to the California Good Samaritan law.
Protecting The Welfare Of Our Children For A Better Tomorrow, Aileen N. Gonzalez
Protecting The Welfare Of Our Children For A Better Tomorrow, Aileen N. Gonzalez
Aileen N Gonzalez
No abstract provided.
Why The Bar Examination Fails To Raise The Bar, Carol Goforth
Why The Bar Examination Fails To Raise The Bar, Carol Goforth
Carol Goforth
The Neomercantilist Fallacy And The Contextual Reality Of The Foreign Corrupt Practices Act, Philip Nichols
The Neomercantilist Fallacy And The Contextual Reality Of The Foreign Corrupt Practices Act, Philip Nichols
Philip M. Nichols
The Foreign Corrupt Practices Act is domestic legislation and should be analyzed as such. This article addresses a persistent failure in analysis of the Act, by scholars and policymakers alike. Many discussions of the Act approach it from a neomercantilist perspective. This approach contains three flaws. First, whereas neomercantilism envisions manipulation of the market to give advantage to national champion industries, the Foreign Corrupt Practices Act was adopted for the purpose of strengthening and enhancing the integrity of the global market. A neomercantilist perspective is contrary to the purpose of the Act. Second, this article shows that neomercantilism fundamentally misunderstands …
Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai
Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai
Daniela E Lai
Geoengineering has been described as any large-scale environmental manipulation designed with the purpose of mitigating the effects of climate change without decreasing greenhouse gas emissions (GHGs). Currently there are no specific rules regulating geoengineering activities particularly if geoengineering is deployed in areas beyond national jurisdiction. This article argues that, in order to mitigate the risks of geoengineering, there needs to be effective regulation of its deployment both in international and domestic law. The risks of geoengineering can only be effectively regulated if there is international cooperation between all levels of governments and private individuals involved in the research and development …
Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan
Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan
Doris DelTosto Brogan
Abstract: In 2009, the Court of Appeals for the Third Circuit decided Berrier v. Simplicity, a tragic, but otherwise modest personal injury diversity case that was brought under Pennsylvania products liability law. The Third Circuit predicted that Pennsylvania would adopt the Restatement (Third) of Torts, and abandon what everyone (including several members of the Pennsylvania Supreme Court) considered an incomprehensible products liability jurisprudence that had evolved under Pennsylvania’s interpretation of the Restatement (Second). But for five years the Pennsylvania Supreme Court did not adopt the Restatement (Third), despite several opportunities to do so. Yet during those years, the Third Circuit …
A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner
A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner
James R Maxeiner
Conventional wisdom holds that the United States is a common law country of precedents where, until the 20th century (the “Age of Statutes”), statutes had little role. Digitization by Google and others of previously hard to find legal works of the 19th century challenges this common law myth. At the Centennial in 1876 Americans celebrated that “The great fact in the progress of American jurisprudence … is its tendency towards organic statute law and towards the systematizing of law; in other words, towards written constitutions and codification.” This article tests the claim of the Centennial Writers of 1876 and finds …
The Kingfish’S Mineral Legacy: An Analysis Of The Legality Of State Mineral Leases Granted To W.T. Burton And James A. Noe During The Years 1934-1936 And Their Relevance To Former United States Senator And Louisiana Governor, Huey P. Long, Ryan M. Seidemann, Ethel S. Graham, Steven B. Jones, William T. Hawkins, Frederic C. Augonnet
The Kingfish’S Mineral Legacy: An Analysis Of The Legality Of State Mineral Leases Granted To W.T. Burton And James A. Noe During The Years 1934-1936 And Their Relevance To Former United States Senator And Louisiana Governor, Huey P. Long, Ryan M. Seidemann, Ethel S. Graham, Steven B. Jones, William T. Hawkins, Frederic C. Augonnet
Ryan M Seidemann
No abstract provided.
A Quantum Congress, Jorge R. Roig
A Quantum Congress, Jorge R. Roig
Jorge R Roig
"Smile, You're On Cellphone Camera!": Regulating Online Video Privacy In The Myspace Generation, Jacqueline D. Lipton
"Smile, You're On Cellphone Camera!": Regulating Online Video Privacy In The Myspace Generation, Jacqueline D. Lipton
Akron Law Faculty Publications
In the latest Batman movie, Bruce Wayne’s corporate right hand man, Lucius Fox, copes stoically with the death and destruction dogging his boss. Interestingly, the last straw for him is Bruce’s request that he use digital video surveillance created through the city’s cellphone network to spy on the people of Gotham City in order to locate the Joker. Does this tell us something about the increasing social importance of privacy, particularly in an age where digital video technology is ubiquitous and largely unregulated?
While much digital privacy law and commentary has focused on text files containing personal data, little attention …
"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline D. Lipton
"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline D. Lipton
Akron Law Faculty Publications
Most American law schools require the satisfaction of an upper level writing requirement, usually in the form of a seminar paper, or “Note”, for graduation. The problem for many students is that the J.D. is not generally geared towards learning scholarly writing. In recent years, the author has experimented with reformulating a seminar class as a “writing workshop” in order to focus on the scholarly writing process. In so doing, she has drawn from experiences supervising legal research degrees in other countries where research-based LL.M. degrees and Ph.D. degrees in law are the norm. This essay details her approach – …
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline D. Lipton
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline D. Lipton
Akron Law Faculty Publications
In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the domain name system? Although, for example, Senator Hillary Clinton now owns ‘hillaryclinton.com’, the more generic ‘hillary.com’ is registered to a software firm, Hillary Software, Inc. What about ‘hillary2008.com’? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain …
“We, The Paparazzi”: Developing A Privacy Paradigm For Digital Video, Jacqueline D. Lipton
“We, The Paparazzi”: Developing A Privacy Paradigm For Digital Video, Jacqueline D. Lipton
Akron Law Faculty Publications
In January 2009, the Camera Phone Predator Alert bill was introduced into Congress. It raised serious concerns about privacy rights in the face of digital video technology. In so doing, it brought to light a worrying gap in current privacy regulation – the lack of rules relating to digital video privacy. To date, digital privacy regulation has focused on text records that contain personal data. Little attention has been paid to privacy in video files that may portray individuals in inappropriate contexts, or in an unflattering or embarrassing light. As digital video technology, including inexpensive cellphone cameras, is now becoming …
To © Or Not To ©? Copyright And Innovation In The Digital Typeface Industry, Jacqueline D. Lipton
To © Or Not To ©? Copyright And Innovation In The Digital Typeface Industry, Jacqueline D. Lipton
Akron Law Faculty Publications
Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that creativity thrives in some industries in the absence of intellectual property protection. These industries might be called IP’s negative spaces. One such industry that has received little scholarly attention is the typeface industry. This industry has recently digitized. Its adoption of digital processes has altered its market structure in ways that necessitate reconsideration of its IP negative status, with particular emphasis on copyright. This article considers the historical denial of copyright protection for typefaces in the United States, and examines arguments both for and against extending …
Repairing Online Reputation: A New Multi-Modal Regulatory Approach, Jacqueline D. Lipton
Repairing Online Reputation: A New Multi-Modal Regulatory Approach, Jacqueline D. Lipton
Akron Law Faculty Publications
In today’s interconnected digital society, high profile examples of online abuses abound. Cyberbullies launch attacks on the less powerful, often significantly damaging victims’ reputations. Outside of reputational damage, online harassment, bullying and stalking has led to severe emotional distress, loss of employment, physical assault and even death. Recent scholarship has identified this phenomenon but has done little more than note that current laws are ineffective in combating abusive online behaviors. This article moves the debate forward both by suggesting specific reforms to criminal and tort laws and, more importantly, by situating those reforms within a new multi-modal framework for combating …