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Articles 1 - 30 of 65
Full-Text Articles in Law
Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post
Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post
Saint Louis University Law Journal
No abstract provided.
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton
All Faculty Scholarship
This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?
The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government …
Public Service Law: Privatization’S Unexpected Offspring, Tony Prosser
Public Service Law: Privatization’S Unexpected Offspring, Tony Prosser
Law and Contemporary Problems
What has occurred in the United Kingdom is a move toward the development of a body of legal doctrine closer to the concept of public service enshrined in other European legal systems. Prosser asserts that it has been largely due to the creation of regulators independent of government and enterprise, thus making some legal framework to structure relations inevitable.
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2000
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2000
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Teaching Contracts From A Socioeconomic Perspective, Jeffrey L. Harrison
Teaching Contracts From A Socioeconomic Perspective, Jeffrey L. Harrison
UF Law Faculty Publications
This essay begins with a brief discussion of what socioeconomics is. In this section I also address whether one must be well versed in conventional economics in order to apply a socioeconomic perspective. I then discuss the basic themes that are present throughout my contracts class that stem from my interest in socioeconomics. Underlying these themes is the more fundamental goal of devising methodologies for assessing the quality of contracts. By quality, I mean something more and perhaps more subtle than whether the parties have conformed to all the formal requirements. Instead, I encourage students to examine whether all of …
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
International Law Studies
No abstract provided.
The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer
The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer
Faculty Publications
No abstract provided.
Hip-Hip-Hurray For Illinois Taxpayers, Or Is It Too Early To Cheer?: An Analysis Of In Re Consolidated Objections To Tax Levies Of School District No. 205, For Years 1991 Through 1996, Christina M. Cantlin-Vanwiggeren
Hip-Hip-Hurray For Illinois Taxpayers, Or Is It Too Early To Cheer?: An Analysis Of In Re Consolidated Objections To Tax Levies Of School District No. 205, For Years 1991 Through 1996, Christina M. Cantlin-Vanwiggeren
Northern Illinois University Law Review
This casenote will discuss and examine how the Local Government and Governmental Employees Tort Immunity Act ("Tort Immunity Act" or "the Act") should be applied in Illinois based on a case of first impression: In re Consolidated Objections to Tax Levies of School District No. 205, for Years 1991 Through 1996. Section I of this casenote is divided into two segments. Section A discusses the development and historical attributes of tort liability by analyzing the common law development of tort liability and the doctrine of sovereign immunity. Section B chronologically examines the development and language modifications of the Tort Immunity …
Mid-Atlantic Ethics Committee Newsletter, Summer 2000
Mid-Atlantic Ethics Committee Newsletter, Summer 2000
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Law & Literature And The Moderns: Explorations, George Anastaplo
Law & Literature And The Moderns: Explorations, George Anastaplo
Northern Illinois University Law Review
Law and Literature courses are intended, at least in part, to supply the sound moral understanding as well as the elementary intellectual skills that law students need before they can learn to read in the way that is needed for a profession which very much depends upon disciplined reading and writing. Unfortunately, many if not most of the texts drawn upon in the Law and Literature courses are, or are treated as if they were, of the third or fourth rank. These are texts which are mined in such courses for "cases" and legal issues rather than approached as texts …
Summary Of Roundtable Discussions Regarding The Future Content Of The U.S. Securities Laws, James D. Cox, Edward F. Greene
Summary Of Roundtable Discussions Regarding The Future Content Of The U.S. Securities Laws, James D. Cox, Edward F. Greene
Law and Contemporary Problems
On Apr 8-9, 1999, more than sixty securities lawyers, regulators and academics participated in a roundtable discussion in Washington DC on what should be the future content of the US securities laws. A summary of the discussions is presented.
George Anastaplo: An Autobiographical Bibliography (1947-2001), George Anastaplo
George Anastaplo: An Autobiographical Bibliography (1947-2001), George Anastaplo
Northern Illinois University Law Review
Includes public papers, books, other publications, talks and papers, and selected letters to editors.
Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton
Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton
Northern Illinois University Law Review
This comment will examine the issues and implications of music and the Internet as affected by several competing interests. Part I briefly outlines the current state of affairs in MP3 music by examining the driving forces behind Internet music. Part II explains the constitutional rights of copyright holders and the goals of copyright law. The constitutional issues are further developed under the United States Supreme Court's decision in Sony Corp. of America v. Universal City Studios, Inc. Part Ill briefly introduces some important aspects of the AHRA. Part IV uses the recent Ninth Circuit case, Recording Industry Ass'n of America …
The Bankruptcy Trust As A Legal Person, Thomas E. Plank
The Bankruptcy Trust As A Legal Person, Thomas E. Plank
Scholarly Works
The purpose of this article is to show how the Bankruptcy Code authorizes the creation of the bankruptcy trust as a legal person. The filing of a petition under the Bankruptcy Code creates an "estate" consisting of enumerated property interests. The Code also provides for the appointment of a trustee-a separate bankruptcy trustee or, in chapter 11 or chapter 12 cases, the debtor in possession-with broad powers to act as the representative of the estate. The Code does not, however, expressly define the status of the estate as a legal entity. Although the Code occasionally speaks of the estate as …
Choice Of Law In The Missouri Courts: How Have The Missouri Courts Employed The Second Restatement Of Conflicts To Tortious And Contractual Issues?, Richard J. Ansson Jr.
Choice Of Law In The Missouri Courts: How Have The Missouri Courts Employed The Second Restatement Of Conflicts To Tortious And Contractual Issues?, Richard J. Ansson Jr.
Saint Louis University Law Journal
No abstract provided.
Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh
Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh
Law and Contemporary Problems
Volokh presents four cyberspace speech controversies that involve an interesting modern body of speech restrictions: hostile environment harassment law. These examples illustrate three things--in most of the controversies, the result should be driven not by the medium, but by the underlying free speech principles; that the Clinton Administration's role in these areas has been comparatively slight; and that each of the controversies shows that there is considerable truth to the much-maligned concept of the slippery slope.
Mid-Atlantic Ethics Committee Newsletter, Spring 2000
Mid-Atlantic Ethics Committee Newsletter, Spring 2000
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders
Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders
Duke Law Journal
In the classic description, students without law degrees set the standards for publication in the scholarly journals of American law-one of the few reported cases of the inmates truly running the asylum.(1)
A Strategy For Mercy, Robert L. Misner
A Strategy For Mercy, Robert L. Misner
William & Mary Law Review
No abstract provided.
Tortious Interference With Business Relations: "The Other White Meat" Of Employment Law, Alex B. Long
Tortious Interference With Business Relations: "The Other White Meat" Of Employment Law, Alex B. Long
Scholarly Works
No abstract provided.
Journals Of The Century In Law, Christopher Byrne
Journals Of The Century In Law, Christopher Byrne
Library Staff Publications
In this essay I will humbly add my contribution to this vast literature by ranking the twentieth century's best law journals. I am not treading upon virgin ground. Over the past twenty years a number of scholars have ranked law reviews and journals using a variety of methodologies.
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Faculty Articles and Other Publications
During the 1980s and early 1990s, a series of decisions broadly interpreting the liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCIA) appeared destined to transform corporate law practice. CERCIA does not directly address successor liability, but the statute's complex and contradictory legislative history arguably implies that Congress wanted federal courts to apply broad liability principles to achieve the statute's fundamental remedial goal of making polluters and their successors pay for cleaning up hazardous substances.
Notably, a number of courts rejected state corporate law principles that usually limit the liability of successor corporations and instead …
Net Bet Debt, Larry D. Strate, Martin Weisner
Net Bet Debt, Larry D. Strate, Martin Weisner
Hospitality Review
The prospective high returns from gaming operations have introduced the Internet as a new competitor to the hotel and travel industry. With the dawn of the new millennium, am epidemic of gamblers has infected the virtual world and raised leagal problems yet to be solved.
Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford
Simultaneous Copyright And Trade Secret Claims: Can The Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford
Faculty Publications
As the Constitution authorizes Congress to grant copyrights, it subjects the power to a public purpose requirement. Any monopoly Congress grants must be for the purpose of “promot[ing] the progress of science and useful arts.” But one result of Congress enacting the 1976 Act is a potential conflict between the Act and this public purpose requirement. An owner of intellectual property may believe that both copyright law – which mandates disclosure – and trade secret law – which mandates secrecy – can be used simultaneously. To believe that disclosure and secrecy can coexist is doublethink as both cannot be true. …
The Federal Circuit’S Cruise To Uncharted Waters: How Patent Protection For Algorithms And Business Methods May Sink The Ucita And State Intellectual Property Protection, Ralph D. Clifford
The Federal Circuit’S Cruise To Uncharted Waters: How Patent Protection For Algorithms And Business Methods May Sink The Ucita And State Intellectual Property Protection, Ralph D. Clifford
Faculty Publications
The realm of intellectual property law now changes at an incredible pace, with the courts discarding venerable concepts rapidly. This is not surprising as the transition from a goods-based society to one based on information increases the importance of intellectual property law. Nowhere has this been more apparent than the Federal Circuit’s recent reworking of the scope of federal patent law. Today, it is difficult to imagine anything for which a patent cannot be sought and received. Furthermore, the expansion of the patent law’s scope has a corresponding impact on state powers. Because the patent law serves to implicitly preempt …
The Nova Southeastern Lawyer, 2000, Volume 11, Number 2, Nova Southeastern University - Shepard Broad Law Center
The Nova Southeastern Lawyer, 2000, Volume 11, Number 2, Nova Southeastern University - Shepard Broad Law Center
Nova Lawyer
No abstract provided.
Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law
Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
As international commerce continues to increase in online volume, so to will disputes arising out of that online commerce.
A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins
A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by political and legal processes. At its heart, the Article is a legal and historical study of the moral dimension and inherent contradictions facing Adams, in particular, and the American Republic, in general, regarding the existence and persistence of the institution of slavery in a nation built upon …
Supreme Court Federalism Decisions, Leon Friedman
Supreme Court Federalism Decisions, Leon Friedman
Touro Law Review
No abstract provided.
Preface, Seattle University Law Review
Preface, Seattle University Law Review
Seattle University Law Review
No abstract provided.