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Full-Text Articles in Law
Privacy On The Books And On The Ground, Kenneth A. Bamberger, Deirdre K. Mulligan
Privacy On The Books And On The Ground, Kenneth A. Bamberger, Deirdre K. Mulligan
Deirdre Mulligan
No abstract provided.
In (Faint) Praise Of The Large Aps: Comments On Marc Galanter, Planet Of The Aps, Meir Dan-Cohen
In (Faint) Praise Of The Large Aps: Comments On Marc Galanter, Planet Of The Aps, Meir Dan-Cohen
Meir Dan-Cohen
No abstract provided.
Freedoms Of Collective Speech: A Theory Of Protected Communications By Organizations, Communities, And The State, Meir Dan-Cohen
Freedoms Of Collective Speech: A Theory Of Protected Communications By Organizations, Communities, And The State, Meir Dan-Cohen
Meir Dan-Cohen
Corporations' first amendment rights have received considerable judicial and scholarly attention in recent years. However, corporate speech cannot be studied adequately in isolation; rather, it is more fruitfully investigated within the broader context of collective speech. The author accordingly presents a theoretical framework for dealing with communications by different types of collectivities. The main distinction is between two paradigm collective entities: organizations and communities. Although it makes sense to ascribe speech to both, the grounds for extending constitutional protection are fundamentally different. Whereas communal speech has in and of itself expressive value that raises the first amendment's primary concerns, organizational …
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
Erwin Chemerinsky
No abstract provided.
Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager
Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager
Daniel B. Yeager
Fiduciary law aspires to nullify power imbalances by obligating strong parties to give themselves over to servient parties. For example, due to profound imbalances of legal know-how, lawyers must as fiduciaries pursue their clients’ interests, not their own, lest clients get lost in the competitive shuffle. As a peculiar hybrid of status and contract relations, politics and law, compassion and capitalism, fiduciary law is very much in vogue in academic circles. As vogue as it is, there remains room for my “Fiduciary-isms...”, a meditation on the expansion of fiduciary law from its origins in the law of trusts through partnerships, …