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Intellectual Property Law

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Criminal Law

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Full-Text Articles in Law

The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky Dec 2011

The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky

Alex Stein

In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent. Our main thesis is that rights afford their holders meaningful protection only against challengers who face higher litigation costs than the rightholder. Contrariwise, challengers who can litigate more cheaply than a rightholder can force the rightholder to forfeit the right and thereby render the right ineffective. Consequently, in the real world, rights avail only against certain challengers but not others. This result is robust and pervasive. Furthermore, it obtains irrespectively of how rights and other legal entitlements are defined by the legislator or construed by …

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Federal Jury Instructions And The Consequences Of A Successful Insanity Defense, Joseph P. Liu May 1993

Federal Jury Instructions And The Consequences Of A Successful Insanity Defense, Joseph P. Liu

Joseph P. Liu

This Note argues that trial judges should instruct jurors about the consequences of an insanity verdict, but that judges must strive to minimize the potentially prejudicial impact of such an instruction by explicitly instructing the jury not to consider this information in arriving at a verdict.

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