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Articles 1 - 30 of 226
Full-Text Articles in Law
The Ecological And Civil Mainsprings Of Property: An Experimental Economic History Of Whalers’ Rules Of Capture, Bart Wilson, Taylor Jaworski, Karl Schurter, Andrew Smyth
The Ecological And Civil Mainsprings Of Property: An Experimental Economic History Of Whalers’ Rules Of Capture, Bart Wilson, Taylor Jaworski, Karl Schurter, Andrew Smyth
Bart J Wilson
This paper uses a laboratory experiment to probe the proposition that property emerges anarchically out of social custom. We test the hypothesis that whalers in the 18th and 19th century developed rules of conduct that minimized the sum of the transaction and production costs of capturing their prey, the primary implication being that different ecological conditions lead to different rules of capture. Holding everything else constant, we find that simply imposing two different types of prey is insufficient to observe two different rules of capture. Another factor is essential, namely that the members of the community are civil-minded.
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
Robert Bloom
United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity
Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow
Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow
Judith A. McMorrow
The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Robert L. Hayman
This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Erin Daly
This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.
Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman
Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman
Eileen Kaufman
No abstract provided.
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Eileen Kaufman
No abstract provided.
Choosing The Insidious Path: West Virginia University Hospitals, Inc. V. Casey And The Importance Of Experts In Civil Rights Litigation, Eileen Kaufman
Choosing The Insidious Path: West Virginia University Hospitals, Inc. V. Casey And The Importance Of Experts In Civil Rights Litigation, Eileen Kaufman
Eileen Kaufman
No abstract provided.
Illinois Said Yes!, Ann Lousin
Give Up On The Estate Tax, Ray Madoff
Tailor-Made Protection For A Privileged Few, Timothy O'Neill
Tailor-Made Protection For A Privileged Few, Timothy O'Neill
Timothy P. O'Neill
Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks
Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks
Taunya Lovell Banks
Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for social change. His experiences as a legal advocate for racial equality influenced his thinking as a judge. Marshall joined the United States Supreme Court in 1967, as dramatic advancement of black civil rights through litigation waned. Other social movements, notably the women's rights movement, took its place. The …
President's Column, Steve Probst
A Comment On Costs In Constitutional Cases, Iain Field
A Comment On Costs In Constitutional Cases, Iain Field
Iain Field
Professor Patrick Keyzer and Stephen Lloyd SC are both well qualified to speak to the legal principles that govern the determination of costs in constitutional cases, and I am, with respect, happy to accept their combined review of these principles. I do not think that there are any significant disagreements between them in this regard. They have, nevertheless, provided us with two usefully distinct perspectives on the topic, and offered two contrasting views as to the need for special costs rules in constitutional cases. I have only a small number of observations (perhaps it is better to say questions), which …
Prisoners In 2009, Heather C. West, William J. Sabol, Sarah J. Greenman
Prisoners In 2009, Heather C. West, William J. Sabol, Sarah J. Greenman
Sarah Greenman
No abstract provided.
Digital Discrimination, Danielle Citron
Digital Discrimination, Danielle Citron
Danielle Keats Citron
Social network sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women and minorities. The attacks include rape threats, privacy invasions, defamation, and technological attacks that silence victims. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Although social and legal norms have dampened offline discrimination, the internet’s Wild West culture and architecture invites bigots to move their hatred to cyberspace. The Internet facilitates anonymity, loosening social norms that constrain noxious behavior. It brings people together …
Multicultural Modernity In Montréal, Vincent Rougeau
Multicultural Modernity In Montréal, Vincent Rougeau
Vincent D. Rougeau
No abstract provided.
The Impact The New Term Will Have On Decisions, Timothy O'Neill
The Impact The New Term Will Have On Decisions, Timothy O'Neill
Timothy P. O'Neill
Warranting Data Security, Juliet Moringiello
Warranting Data Security, Juliet Moringiello
Juliet M Moringiello
Massive data security breaches have grabbed headlines in the past few years. The data thieves responsible for these breaches have stolen the credit and debit card data of customers of retailers such as TJ Maxx, DSW Shoe Warehouse, BJ’s Wholesale Club, and the Hannaford grocery store chain. A thief in control of this payment card data, which can include debit and credit card numbers, expiration dates, security codes and personal identification numbers, has the ability to open new credit accounts and make charges on existing consumer accounts. These data breaches leave individuals fearful that their personal information will be used …
From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni
From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni
Mark Perry
Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.
Democracy Will Live As Long As Citizens Maintain Respect, Randy Lee
Democracy Will Live As Long As Citizens Maintain Respect, Randy Lee
Randy Lee
No abstract provided.
Immortality For Foundations Can Pose Big Challenges In Shifting Times, Ray Madoff
Immortality For Foundations Can Pose Big Challenges In Shifting Times, Ray Madoff
Ray D. Madoff
No abstract provided.
The Recall Amendment, Ann Lousin
The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin Roth, Robert Bennett
The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin Roth, Robert Bennett
Robert B. Bennett
Following a brief discussion of the history of trademark infringement law, the events leading to the FTDA, and an overview of the FTDA, this paper discusses the major causes of the FTDA's ineffectiveness. We will then review the application of the act, discuss its implications on the future of trademark ownership in business, and suggest improvements to the legal application of the act.
Criminal Defense Lawyers Need Broad Knowledge, Timothy O'Neill
Criminal Defense Lawyers Need Broad Knowledge, Timothy O'Neill
Timothy P. O'Neill
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek Black
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek Black
Derek W. Black
This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard lacks any basis …
The Faces Of Law In Theory And Practice: Doctrine, Rhetoric, And Social Context, Richard Boldt, Marc Feldman
The Faces Of Law In Theory And Practice: Doctrine, Rhetoric, And Social Context, Richard Boldt, Marc Feldman
Richard C. Boldt
No abstract provided.
Can Google-Tv Help Liberate Cable-Tv?, Erik Ugland
The Protection Of Rights Management Information: Modernization Or Cup Half Full?, Mark Perry
The Protection Of Rights Management Information: Modernization Or Cup Half Full?, Mark Perry
Mark Perry
Many papers in this collection discuss the history and development of Bill C-32, An Act to Amend the Copyright Act, introduced into the Canadian Parliament on 2 June 2010, so that analysis will not be duplicated here. Among the failures of copyright reform has been the lack of addressing the required “balancing” of proprietary rights on the one hand, with user rights and the public domain on the other. Rights Management Information (RMI) can aid in this balancing. The RMI of a work is simply data that provide iden- tification of rights related to that work, either directly or indirectly. …
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
Robert M. Bloom
United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity