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Articles 1 - 30 of 38
Full-Text Articles in Law
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Michigan Law Review
This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.
L'Esprit De Holmes, Stephen A. Conrad
The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman
The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman
Michigan Law Review
A Review of The Justice from Beacon Hill: The Life and Times of Oliver Wendell Holmes by Liva Baker
The Man In The Mirror, David A. Logan
The Man In The Mirror, David A. Logan
Michigan Law Review
A Review of Cardozo: A Study in Reputation by Richard A. Posner
Dworkin And The Doctrine Of Judicial Discretion, David Jennex
Dworkin And The Doctrine Of Judicial Discretion, David Jennex
Dalhousie Law Journal
In a series of books and articles published over the last thirty years, Ronald Dworkin has relentlessly attacked the positivist view according to which law is a species of empirically verifiable fact. A position closely associated with this view, and with which Dworkin also takes issue, is the doctrine of judicial discretion. This doctrine asserts that in hard cases - cases in which it is unclear what the law requires - there is no legally required dispensation, so that judges are entitled to use discretion in making their decision. Dworkin disagrees, maintaining that in many such cases a thorough investigation …
Reasoning With The Charter, Gerald Tg Seniuk
Reasoning With The Charter, Gerald Tg Seniuk
Dalhousie Law Journal
Reasoning with the Charter by Leon Trakman is a timely and useful book. It is "timely" because in this the tenth anniversary of the Charter it is appropriate to review its impact, which Prof. Trakman finds wanting and unduly circumscribing. It is also useful, although "useful" is not a term usually associated with a theoreticalbook such as this. Certainly this is not a "how-to" book about Charter application. It does, however, outline a different approach to Charter interpretation and it may be that the neglect by our judges of this approach is a mistake. Perhaps not; but there are at …
Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum
Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum
Florida State University Law Review
No abstract provided.
The Presumption Of Reviewability: A Study In Canonical Construction And Its Consequences, Daniel B. Rodriguez
The Presumption Of Reviewability: A Study In Canonical Construction And Its Consequences, Daniel B. Rodriguez
Vanderbilt Law Review
The much-maligned canons of statutory construction stubbornly have survived, largely on the strength of the assertion that whatever the aim of the statute's interpretation, an interpretive canon will improve the chances that the statute's aim will be realized. Canonical construction serves two different functions. Some of the canons ostensibly are designed as short-cuts to the discovery of the legislature's "true" intent. Professor Geoffrey Miller has explained how the canons may reflect the judicial articulations of conversational conventions that help courts understand otherwise vexing statutory language.' Canons may also serve as surrogates for other, better evidence of legislators' intent. In this …
Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells
Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine Pierce Wells
Washington and Lee Law Review
No abstract provided.
Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone, Steven H. Hobbs, Mary F. Mulligan
Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone, Steven H. Hobbs, Mary F. Mulligan
Washington and Lee Law Review
No abstract provided.
Remarks On The Process Of Judging, William H. Rehnquist
Remarks On The Process Of Judging, William H. Rehnquist
Washington and Lee Law Review
No abstract provided.
Judicial Lobbying And Court Reform: U.S. Magistrate Judges And The Judicial Improvements Act Of 1990, Christopher E. Smith
Judicial Lobbying And Court Reform: U.S. Magistrate Judges And The Judicial Improvements Act Of 1990, Christopher E. Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Help Wanted - Federal Judges: Judicial Gridlock; Solving An Immediate Problem And Averting A Future Crisis, Victor Williams
Help Wanted - Federal Judges: Judicial Gridlock; Solving An Immediate Problem And Averting A Future Crisis, Victor Williams
Loyola University Chicago Law Journal
No abstract provided.
The Economics Of Law-Related Labor V: Judicial Careers, Judicial Selection, And An Agency Cost Model Of The Judicial Function, Linz Audain
American University Law Review
No abstract provided.
Canon 7 Restrictions On The Political Speech Of Judicial Candidates: Judging Those Who Would Be Judges, Kathleen Margaret Sholette
Canon 7 Restrictions On The Political Speech Of Judicial Candidates: Judging Those Who Would Be Judges, Kathleen Margaret Sholette
Villanova Law Review
No abstract provided.
The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright
The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright
Florida State University Law Review
No abstract provided.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Touro Law Review
No abstract provided.
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
Touro Law Review
No abstract provided.
Freedom Of Speech And The Press
Freedom Of Speech And The Press
Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer
Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer
University of Richmond Law Review
How is an administrative law judge ("ALJ") to know his role in the modern bureaucracy? On the one hand, the law requires the ALJ to adjudicate legal disputes between the government agency and the individual, and on the other hand, a black-robed member of the judicial branch in- structs him that he is out of his jurisdiction. Who wins in this decades-long battle for turf?
The Judge As Political Candidate, Hans A. Linde
The Judge As Political Candidate, Hans A. Linde
Cleveland State Law Review
Judges are expected to satisfy two conflicting ideals. First, they are to follow the law without fear or favor, regardless of personal sympathies and preferences, to "adjudicate" rather than to "legislate." Second, they are to reach results that are preferred by or at least acceptable to their communities. The first ideal requires judicial independence and job security. Elective judgeships are sometimes defended as serving the second. We have gone through a third public examination of a Supreme Court nominee in which the Senate and the public considered it important to question the nominee about his views of the major issues …
Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic, Donald L. Beschle
Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic, Donald L. Beschle
Villanova Law Review
No abstract provided.
The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus
Touro Law Review
No abstract provided.
Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald
Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald
Washington and Lee Law Review
No abstract provided.
Justice Antonin Scalia And Criminal Justice Cases, Christopher E. Smith
Justice Antonin Scalia And Criminal Justice Cases, Christopher E. Smith
Kentucky Law Journal
No abstract provided.