Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Jurisprudence (27)
- Constitutional Law (14)
- Religion (6)
- Legal History (4)
- Comparative and Foreign Law (3)
-
- Criminal Law and Procedure (3)
- Public Law and Legal Theory (3)
- Arts and Entertainment (2)
- Civil Law (2)
- Human Rights Law (2)
- Immigration Law (2)
- Law and Society (2)
- Legislation (2)
- Science and Technology (2)
- Women (2)
- Administrative Law (1)
- Commercial Law (1)
- Computer Law (1)
- Contracts (1)
- Health Law and Policy (1)
- Insurance Law (1)
- Intellectual Property Law (1)
- International Law (1)
- Judges (1)
- Legal Education (1)
- Practice and Procedure (1)
- Sexuality and the Law (1)
Articles 31 - 34 of 34
Full-Text Articles in Law
Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill
Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill
Working Paper Series
This article examines the ethical dimensions of the controversy over no-citation rules and current publication practices. In the literature concerning that controversy, ethical concerns are often mentioned, but usually in tandem with other concerns. Professor Caudill isolates and categorizes the different types of ethical dilemmas, and demonstrates that at different levels of the controversy, the ethical concerns are different. He identifies three levels--the controversy over no-citation rules, the broader controversy over publication practices, and the even broader controversy over privatization of law (the so-called disappearing trial, ADR, and the end of law as we know it).
Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian
Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian
Working Paper Series
Present First Amendment doctrine presumptively protects anything within the descriptive category “expression” from government regulation, subject to balancing against countervailing government interests. As government actions during the present war on terrorism have made all too clear, that doctrine allows intolerable suppression of political debate and dissent – the expressive activity most integral to our constitutional design. At the same time, present doctrine fails to give a clear account of why the Constitution protects expressive autonomy and when that protection properly should yield to government interests, leading to an inconsistent and unsatisfying free speech regime. In this article, Professor Magarian advocates …
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
Working Paper Series
Much has been written about the protections afforded by the Free Exercise Clause when government regulation impacts the religious practices of individuals, and if one looks for guidance from the Supreme Court, the rules are fairly clear. Prior to 1990, the Supreme Court had long employed a balancing approach that afforded—at least in theory—significant relief. Under this approach individuals were entitled to exemptions from laws which substantially burdened religious conduct unless enforcement was justified by a compelling state interest. In 1990, in Employment Division v. Smith, the Supreme Court abandoned this balancing test for all but a few categories of …
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Working Paper Series
Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle …