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Articles 1 - 30 of 73
Full-Text Articles in Law
Historical Background: Evolution Of The International Criminal Law, Individual Criminal Accountability And The Idea Of A Permanent International Court, Cenap Cakmak
Human Rights & Human Welfare
© Cenap Cakmak. All rights reserved.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
The Intent Element Of Inducement To Infringe Under Patent Law: Reflections On Grokster, Lynda J. Oswald
The Intent Element Of Inducement To Infringe Under Patent Law: Reflections On Grokster, Lynda J. Oswald
Michigan Telecommunications & Technology Law Review
In June, 2005, the United States Supreme Court set forth an "inducement" rule in MGM Studios, Inc. v. Grokster, Ltd. that imposes secondary liability on "one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement." The Court emphasized the limitations of the liability standard it was setting forth, stating that the target was only "purposeful, culpable expression and conduct, and thus does nothing to compromise legitimate commerce or discourage innovation having a lawful promise." Yet, the liability standard set forth in Grokster …
Trends In Protection For Informational Works Under Copyright Law During The 19th And 20th Centuries, Miriam Bitton
Trends In Protection For Informational Works Under Copyright Law During The 19th And 20th Centuries, Miriam Bitton
Michigan Telecommunications & Technology Law Review
The debate over databases protection has failed to identify and discuss some of its most basic and preliminary assumptions, accepting instead many of the historical aspects involved as given. This Article therefore seeks to challenge these underlying assumptions by providing a fresh look at the historical dimension of the debate. One common argument regarding database protection is that the U.S. Supreme Court decision in Feist v. Rural Publications Inc. brought about a dramatic change in the legal landscape, displacing the then-accepted "sweat of the brow" rationale for protecting rights in databases. This Article's historical analysis therefore thoroughly examines the treatment …
The Temporal Dynamics Of Capable Of Substantial Noninfringing Uses, R. Anthony Reese
The Temporal Dynamics Of Capable Of Substantial Noninfringing Uses, R. Anthony Reese
Michigan Telecommunications & Technology Law Review
The copyright issues raised by "dual-use" technologies--equipment that can be used both in ways that infringe copyright and in ways that do not--first gained prominence in connection with the litigation over videocassette recorders that culminated in the Supreme Court's decision in Sony in 1984. Copyright owners had asserted that Sony's manufacture and distribution of VCRs rendered it liable for copyright infringement committed by customers using their Sony VCRs. The Supreme Court in Sony concluded that copyright law did not impose such secondary liability where the device in question was capable of substantial noninfringing uses (and that the VCR was such …
A Snapshot Of Briefs, Opinions, And Citations In Federal Appeals, Robert Timothy Reagan
A Snapshot Of Briefs, Opinions, And Citations In Federal Appeals, Robert Timothy Reagan
The Journal of Appellate Practice and Process
No abstract provided.
Function Over Form: Reviving The Criminal Jury's Historical Role As A Sentencing Body, Chris Kemmitt
Function Over Form: Reviving The Criminal Jury's Historical Role As A Sentencing Body, Chris Kemmitt
University of Michigan Journal of Law Reform
This Article argues that the Supreme Court, as evinced by its recent spate of criminal jury decisions, has abandoned the criminal jury known to the Founders and, in so doing, has severely eroded the protections intended to inhere in the Sixth Amendment jury trial right. It then proposes one potential solution to this problem.
According to the Supreme Court, this recent line of cases has been motivated by the need to preserve the "ancient guarantee" articulated in the Sixth Amendment under a new set of legal circumstances. Unfortunately, the Court misinterprets the ancient guarantee that it is ostensibly attempting to …
Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade
Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade
Campbell Law Review
No abstract provided.
But What Will They Do Without Unpublished Opinions?: Some Alternatives For Dealing With The Ninth Circuit's Massive Caseload Post F.R.A.P. 32.1, Bryan Wright
Nevada Law Journal
No abstract provided.
Constitutional Law—Commerce Clause—California Takes A Hit: The Supreme Court Upholds Congressional Authority Over The State-Approved Use Of Medicinal Marijuana. Gonzales V. Raich, 545 U.S. 1 (2005)., Rick Behring Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis
Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis
The University of New Hampshire Law Review
[Excerpt] "The current federal government, with its burgeoning administrative agencies, does not embody what most Americans would recognize as the constitutional doctrine of separation of powers. This is, in part, due to the Congress’s frequent practice of delegating legislative powers to the executive branch, i.e., giving administrative agencies the power to promulgate rules regulating private behavior and having the force of law. Legislative delegation has been the subject of academic, legal, and political wrangling since the early congresses and clearly calls into question whether modern practice adheres to constitutional norms. This article discusses legislative delegation in terms of some core …
Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick
Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick
Human Rights & Human Welfare
© Peter Fitzpatrick. All rights reserved.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
Facing Evil, Joseph E. Kennedy
Facing Evil, Joseph E. Kennedy
Michigan Law Review
It is no earthshaking news that the American public has become fascinated- some would say obsessed-with crime over the last few decades. Moreover, this fascination has translated into a potent political force that has remade the world of criminal justice. Up through the middle of the 1960s crime was not something about which politicians had much to say. What was there to say? "Crime is bad." "We do what we can about crime." "Crime will always be with us at one level or another." Only a hermit could have missed the transformation of crime over the last couple of decades …
Same Old, Same Old: Scientific Evidence Past And Present, Edward K. Cheng
Same Old, Same Old: Scientific Evidence Past And Present, Edward K. Cheng
Michigan Law Review
For over twenty years, and particularly since the Supreme Court's Daubert decision in 1993, much ink has been spilled debating the problem of scientific evidence in the courts. Are jurors or, in the alternative, judges qualified to assess scientific reliability? Do courts really need to be concerned about "junk science"? What mechanisms can promote better decision making in scientific cases? Even a cursory scan of the literature shows the recent explosion of interest in these issues, precipitating new treatises, hundreds of articles, and countless conferences for judges, practitioners, and academics. To this literature, Professor Tal Golan adds Laws of Men …
Planning And Conduct Of The National Conference, Arthur J. England Jr.
Planning And Conduct Of The National Conference, Arthur J. England Jr.
The Journal of Appellate Practice and Process
No abstract provided.
Introduction To The National Conference, Daniel J. Meador
Introduction To The National Conference, Daniel J. Meador
The Journal of Appellate Practice and Process
No abstract provided.
The Old Order Changes, Shirley S. Abrahamson
The Old Order Changes, Shirley S. Abrahamson
The Journal of Appellate Practice and Process
No abstract provided.
Reflections On The Role Of Appellate Courts: A View From The Supreme Court, Stephen G. Breyer
Reflections On The Role Of Appellate Courts: A View From The Supreme Court, Stephen G. Breyer
The Journal of Appellate Practice and Process
No abstract provided.
Precedent In The Federal Courts Of Appeals: An Endangered Or Invasive Species?, John B. Oakley
Precedent In The Federal Courts Of Appeals: An Endangered Or Invasive Species?, John B. Oakley
The Journal of Appellate Practice and Process
No abstract provided.
Building An Appellate System Worthy Of A Great Nation, Randall T. Shepard
Building An Appellate System Worthy Of A Great Nation, Randall T. Shepard
The Journal of Appellate Practice and Process
No abstract provided.
The View From The Trenches: A Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman
The View From The Trenches: A Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman
The Journal of Appellate Practice and Process
No abstract provided.
Licence To Publish: Joseph Howe's Contribution To Libel Law In Nova Scotia, Lyndsay M. Campbell
Licence To Publish: Joseph Howe's Contribution To Libel Law In Nova Scotia, Lyndsay M. Campbell
Dalhousie Law Journal
In 1835, Joseph Howe was prosecuted for criminal libel after an attack on the Halifax magistracy appeared in his newspaper I argue that Howe's acquittal flowed from a combination of factors. Howe's newspaper was a reformist, but not radical, voice at a time when criticism of government was becoming legitimate and newspapers were becoming increasingly vociferous, despite uncertainty about how daring they could be. Howe was popular, and the magistrates and prosecution were not. Most remarkably, however, Howe used Starkies 1830 libel treatise to construct a novel defence-qualified privilege-which had considerable exculpatory potential. The judge declined to put it to …
Dual Class Shares In Canada: An Historical Analysis, Stephanie Ben-Ishai, Poonam Puri
Dual Class Shares In Canada: An Historical Analysis, Stephanie Ben-Ishai, Poonam Puri
Dalhousie Law Journal
Dual class shares have been used by Canadian corporations to access public capital markets for the past sixty years. The debates surrounding the regulation of dual class shares have been reenergized. The authors of this article argue that only by looking to the legitimating role of nationalist policy, legislation and discourse in the historical development of dual class share structures can we derive context to the current debates surrounding the regulation of dual class shares and obtain a fuller understanding of the contemporary issues theypresent. Based on an analysis of the use of dual class shares as a financing technique …
Foreword: The Legacy Of St. George Tucker, Davison M. Douglas
Foreword: The Legacy Of St. George Tucker, Davison M. Douglas
William & Mary Law Review
No abstract provided.
St. George Tucker's Law Papers, Charles F. Hobson
St. George Tucker's Law Papers, Charles F. Hobson
William & Mary Law Review
No abstract provided.
Looking To The Past In Planning For The Future: Does The Modern Estate Tax Fit Within The Ideals Of The Founding Fathers?, Alicia Lerud
Looking To The Past In Planning For The Future: Does The Modern Estate Tax Fit Within The Ideals Of The Founding Fathers?, Alicia Lerud
Nevada Law Journal
No abstract provided.
Reconceptualizing The Boundaries Of "Humanitarian" Assistance: "What's In A Name" Or "The Importance Of Being 'Earnest'"?, 40 J. Marshall L. Rev. 195 (2006), Surabhi Ranganathan
Reconceptualizing The Boundaries Of "Humanitarian" Assistance: "What's In A Name" Or "The Importance Of Being 'Earnest'"?, 40 J. Marshall L. Rev. 195 (2006), Surabhi Ranganathan
UIC Law Review
No abstract provided.
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
UIC Law Review
No abstract provided.
Making Our Congressional Elections More Competitive; A Proposal For A Limited Number Of Statewide At-Large Elections In Our More Populous States, 39 J. Marshall L. Rev. 1425 (2006), Walter M. Frank
UIC Law Review
No abstract provided.
Shareholders' Rights To A Cause Of Action Under The Investment Company Act Of 1940 Following Exxon Mobil V. Allapattah, 39 J. Marshall L. Rev. 1521 (2006), Renee Labuz
UIC Law Review
No abstract provided.
The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner
The Original Intent Of The Fourteenth Amendment: A Conversation With Eric Foner, Eric Foner
Nevada Law Journal
No abstract provided.