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Articles 1 - 30 of 90
Full-Text Articles in Law
Creative Commons As Conversational Copyright, Michael Carroll
Creative Commons As Conversational Copyright, Michael Carroll
PIJIP Faculty Scholarship
Copyright law's default settings inhibit sharing and adaptation of creative works even though new digital technologies greatly enhance individuals' capacity to engage in creative conversation. Creative Commons licenses enable a form of conversational copyright through which creators share their works, primarily over the Internet, while asserting some limitation on user's right with respect to works in the licensed commons. More specifically, this chapter explains the problems in copyright law to which Creative Commons licenses respond, the methods chosen, and why the machine-readable and public aspects of the licenses are specific examples of a more general phenomenon in digital copyright law …
Housing Affordability For Households Of Color In Massachusetts, Michael E. Stone
Housing Affordability For Households Of Color In Massachusetts, Michael E. Stone
Institute for Asian American Studies Publications
While housing is deeply significant for all of us, in our society it tends to pose particular challenges to many, if not most, people of color. For one thing, households of color continue to have considerably lower incomes, on average, than White-headed households. This means that households of color can, on average, afford less and therefore have fewer housing choices available, just for economic reasons alone. Yet we are not in a world where differential housing choices are determined only by ability to pay. Residential segregation by race persists and is not merely a consequence of unacceptable practices of the …
Codifying Shari'a: International Norms, Legality & The Freedom To Invent New Forms, Paul H. Robinson, Adnan Zulfiqar, Margaret Kammerud, Michael Orchowski, Elizabeth A. Gerlach, Adam L. Pollock, Thomas M. O'Brien, John C. Lin, Tom Stenson, Negar Katirai, J. John Lee, Marc Aaron Melzer
Codifying Shari'a: International Norms, Legality & The Freedom To Invent New Forms, Paul H. Robinson, Adnan Zulfiqar, Margaret Kammerud, Michael Orchowski, Elizabeth A. Gerlach, Adam L. Pollock, Thomas M. O'Brien, John C. Lin, Tom Stenson, Negar Katirai, J. John Lee, Marc Aaron Melzer
All Faculty Scholarship
The United Nations Development Program and the Republic of the Maldives, a small Muslim country with a constitutional democracy, commissioned this project to craft the country's first system of codified penal law and sentencing guidelines. This Article describes the special challenges and opportunities encountered while drafting a penal code based on Shari'a (Islamic law). On the one hand, such comprehensive codification is more important and more likely to bring dramatic improvements in the quality of justice than in many other societies, due in large part to the problems of assuring fair notice and fair adjudication in the uncodified Shari'a-based system …
Opposing The Lottery In The U.S.: The Forces Behind Individual Attitudes Towards Legalization In 1975, Andrew J. Economopoulos
Opposing The Lottery In The U.S.: The Forces Behind Individual Attitudes Towards Legalization In 1975, Andrew J. Economopoulos
Business and Economics Faculty Publications
In the 1970s, opposition to the lottery started to fracture in the US. This study examines causes of the fracture and historical factors that contributed to changes in individual attitudes towards legalization. The opponents at the time held to traditional arguments against legalized lotteries—negative economic effects, costs to others and increased crime. Unlike in the past, however, there was weak religious institutional opposition to lotteries. Individuals with a strong commitment to their religious affiliation were more resistant to pro-lottery arguments, but in most cases could be convinced to support the lottery. The pre-World War II generation remained steadfast against the …
Justice For The Vulnerable? Debating The Relationship Between Aboriginal People And Australian Criminal Justice, Mark Findlay
Justice For The Vulnerable? Debating The Relationship Between Aboriginal People And Australian Criminal Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
As much as it might be said that a nation is judged by the way it treats its most disadvantaged citizens, the reality of criminal justice is dependent on its relations with the vulnerable. On any measure Australian criminal justice is indicted by the overrepresentation of Aboriginal people in its domain.
2006 Scholars And Artists Bibliography, Daniel J. Simon, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library
2006 Scholars And Artists Bibliography, Daniel J. Simon, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library
Scholars and Artists Bibliographies
This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Dan Simon was the guest speaker.
Letter From The Executive Director, Paisley Currah
Letter From The Executive Director, Paisley Currah
Center for LGBTQ Studies (CLAGS)
Heterosexuality is under attack--not by the authors of a new "I hate straights" broadsheet, not by vacationers in Provincetown, but by state judges in the US. In August, New York's highest court ruled that the New York State Constitution "does not compel recognition of marriages between members of the same-sex." Their reasoning? In part, the decision declared, because opposite-sex relationships are "often too casual," and thus result in the production of children by "accident or impulse." And so, "unstable relationships between people of the opposite sex present a greater danger that children will be born into or grow up in …
Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The Beggar's Opera And Its Criminal Law Context, Ian Gallacher
The Beggar's Opera And Its Criminal Law Context, Ian Gallacher
College of Law - Faculty Scholarship
This chapter seeks to take the characters and situations of Gay's The Beggar's Opera and consider how closely the play's portrayal matches the historical record. Although the view offered by the play is a restricted one, the chapter concludes that the picture it offers is as close to historical reality as any other document from the period.
Irish Law 2006, Notre Dame Law School
Irish Law 2006, Notre Dame Law School
About the Law School
Dear Notre Dame Law School Class of 2009,
Welcome as a potential student to Notre Dame 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 …
Globalization And Genocidalism: Fictional Discourse Without Borders (For Fun And Profit), Aleksandar Jokić, Tiphaine Dickson
Globalization And Genocidalism: Fictional Discourse Without Borders (For Fun And Profit), Aleksandar Jokić, Tiphaine Dickson
Philosophy Faculty Publications and Presentations
In this essay we explore the relationship between globalization and genocidalism. “Globalization” is understood as “freedom and ability of individuals and firms to initiate voluntary economic transactions with residents of other countries,” while “genocidalism” is defined as “(i) the purposeful neglect to attribute responsibility for genocide in cases when overwhelming evidence exists, and as (ii) the energetic attributions of “genocide” in less then clear cases without considering available and convincing opposing evidence and argumentation.”
The hypothesis that we defend here as explanatory of globalization’s “surprising” failure to live up to its often repeated theoretical promise that it is not a …
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
All Faculty Scholarship
Opponents of the death penalty typically base their opposition on contingent features of its administration, arguing that the death penalty is applied discriminatory, that the innocent are sometimes executed, or that there is insufficient evidence of the death penalty’s deterrent efficacy. Implicit in these arguments is the suggestion that if these contingencies did not obtain, serious moral objections to the death penalty would be misplaced. In this Article, Professor Finkelstein argues that there are grounds for opposing the death penalty even in the absence of such contingent factors. She proceeds by arguing that neither of the two prevailing theories of …
Christianity And The (Modest) Rule Of Law, David A. Skeel Jr., William J. Stuntz
Christianity And The (Modest) Rule Of Law, David A. Skeel Jr., William J. Stuntz
All Faculty Scholarship
Conservative Christians are often accused, justifiably, of trying to impose their moral views on the rest of the population: of trying to equate God's law with man's law. In this essay, we try to answer the question whether that equation is consistent with Christianity. It isn't. Christian doctrines of creation and the fall imply the basic protections associated with the rule of law. But the moral law as defined in the Sermon on the Mount is flatly inconsistent with those protections. The most plausible inference to draw from those two conclusions is that the moral law - God's law - …
The Next "New Wave": Law Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin
The Next "New Wave": Law Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin
All Faculty Scholarship
Unlike law-related feature films, law-related documentary or nonfiction films have rarely been the subject of legal scholarship, nor have they been extensively used as teaching tools throughout the law school curriculum. The lack of interest in such films is explained by a number of popular misconceptions about documentaries, such as their “genre-lessness” or the lack of common threads running through the films that facilitate critical reception; the elusive nature of documentary truth; the films’ fixation on victimization and by necessity the exploitation of the films’ subjects; and the lack of practical payoff for law students and lawyers from critically studying …
The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter
The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter
All Faculty Scholarship
No abstract provided.
The Consciousness Of Religion And The Consciousness Of Law, With Some Implications For Dialogue, Howard Lesnick
The Consciousness Of Religion And The Consciousness Of Law, With Some Implications For Dialogue, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Applying A Business Model To The University, John Neill
Applying A Business Model To The University, John Neill
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
Cultural Contradictions And Ethical Dilemmas In The Corporate-Styled University, Eric Gould
Cultural Contradictions And Ethical Dilemmas In The Corporate-Styled University, Eric Gould
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University
Epilogue: Universities And Corporations, Robert Kauffman
Epilogue: Universities And Corporations, Robert Kauffman
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
Media Ethics: The Powerful And The Powerless, Elaine E. Englehardt
Media Ethics: The Powerful And The Powerless, Elaine E. Englehardt
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
Recent Developments In International Education At Wmu, Ronald Davis
Recent Developments In International Education At Wmu, Ronald Davis
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
Universities And Corporations: A Selection Of Papers Presented At Tire Western Michigan University Emeriti Council Forum, Center Of The Study Of Ethics In Society
Universities And Corporations: A Selection Of Papers Presented At Tire Western Michigan University Emeriti Council Forum, Center Of The Study Of Ethics In Society
Center for the Study of Ethics in Society Papers
A selection of papers presented at the WMU Emeriti Council Forum.
The Entrepreneurial University: Rewards & Risks, Samuel M. Hines Jr.
The Entrepreneurial University: Rewards & Risks, Samuel M. Hines Jr.
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
The College Of Engineering And Applied Sciences & The Btr-A Partnership With Purpose, Michael B. Atkins, Kurt Hayden
The College Of Engineering And Applied Sciences & The Btr-A Partnership With Purpose, Michael B. Atkins, Kurt Hayden
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
The Commodification Of International Education, Howard Dooley
The Commodification Of International Education, Howard Dooley
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
Introduction: The Entrepreneurial University, Joseph Ellin
Introduction: The Entrepreneurial University, Joseph Ellin
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
Interview With Howard Gittis, Sahar Dar, Howard Gittis, Legal Oral History Project, University Of Pennsylvania Carey Law School
Interview With Howard Gittis, Sahar Dar, Howard Gittis, Legal Oral History Project, University Of Pennsylvania Carey Law School
Legal Oral History Project
For transcript, click the Download button above. For video index, click the link below.
Howard Gittis (L '58) was a partner at Wolff Block Solis Cohen and later vice chairman and a close adviser to Ronald Perelman at MacAndrews & Forbes. He served on the Temple University Board of Trustees for 27 years, including six years as chair. He died in 2007.
Profiles Of Asian American Subgroups In Massachusetts: Chinese Americans In Massachusetts, Shauna Lo
Profiles Of Asian American Subgroups In Massachusetts: Chinese Americans In Massachusetts, Shauna Lo
Institute for Asian American Studies Publications
This report presents a profile of Chinese Americans statewide as well as highlights Chinese Americans living in four communities: Boston’s Chinatown, Quincy, Malden and Newton. It draws upon U.S. Census data, secondary sources and interviews.
Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz
Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz
All Faculty Scholarship
Most legal scholars assume that if V consents to allow D to do something to him, such consent makes D's actions legally and morally acceptable. To be sure, they are willing to make an exception when consent is given under a specified list of conditions: Force, fraud, incompetence, third-party effects, unequal bargaining power, commodification, paternalism - all of these may be grounds for rejecting the validity of V's consent. We might call scholars who take this view of consent quasi-libertarians. In this Article, I argue against the quasi-libertarian view of consent. My central claim is that the validity of consent …
Hanging Captain Gordon: The Life And Trial Of An American Slave Trader, Julie Mujic
Hanging Captain Gordon: The Life And Trial Of An American Slave Trader, Julie Mujic
History Faculty Publications
Book review by Julie Mujic.
Soodalter, Ron. Hanging Captain Gordon: the life and trial of an American slave trader. New York: Atria Books, 2006.
ISBN 9780743267274