Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (47)
- Criminal Law (28)
- Human Rights Law (21)
- Intellectual Property Law (20)
- Law and Gender (20)
-
- International Humanitarian Law (18)
- International Trade Law (15)
- Immigration Law (13)
- Civil Rights and Discrimination (11)
- Energy and Utilities Law (11)
- Constitutional Law (10)
- Law and Society (10)
- Courts (9)
- Health Law and Policy (9)
- Commercial Law (8)
- Banking and Finance Law (7)
- Business Organizations Law (6)
- Disability Law (6)
- Legal History (6)
- Science and Technology Law (6)
- Sexuality and the Law (6)
- Dispute Resolution and Arbitration (5)
- Environmental Law (5)
- Evidence (5)
- Judges (5)
- Jurisprudence (5)
- Law Enforcement and Corrections (5)
- Law and Economics (5)
- Antitrust and Trade Regulation (4)
- Keyword
-
- Energy Law and Policy (9)
- Academy On Human Rights And Humanitarian Law (8)
- Gender (5)
- Women (5)
- Constitutional Law (4)
-
- Diversity (4)
- Intellectual Property (4)
- Antitrust (3)
- Criminal law (3)
- Evidence (3)
- Financial stability (3)
- Immigration (3)
- Intellectual Property Law (3)
- Investment Treaty Arbitration (3)
- Jurisprudence (3)
- Privacy Law (3)
- Regulation (3)
- Supreme Court (3)
- Arbitrators (2)
- Common or Civil Law (2)
- Constitution (2)
- Contract Law (2)
- Costs (2)
- Counsel (2)
- Courts (2)
- Criminal procedure (2)
- Crimmigration (2)
- Data (2)
- Data Management (2)
- Data Visualization (2)
- Publication
-
- Articles in Law Reviews & Other Academic Journals (71)
- American University Law Review (33)
- American University International Law Review (32)
- American University Business Law Review (18)
- Criminal Law Practitioner (18)
-
- American University Journal of Gender, Social Policy & the Law (17)
- Human Rights Brief (12)
- Sustainable Development Law & Policy (9)
- Contributions to Books (7)
- American University National Security Law Brief (4)
- Labor & Employment Law Forum (4)
- Intellectual Property Brief (3)
- Articles in Law Reviews & Journals (2)
- Health Law and Policy Brief (2)
- Amicus Briefs (1)
- Books (1)
- Joint PIJIP/TLS Research Paper Series (1)
- Project on Addressing Prison Rape - Articles (1)
- Reports (1)
- Working Papers (1)
- Publication Type
Articles 1 - 30 of 238
Full-Text Articles in Law
Predicting Outcomes In Investment Treaty Arbitration, Susan Franck
Predicting Outcomes In Investment Treaty Arbitration, Susan Franck
Articles in Law Reviews & Other Academic Journals
Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived …
Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith
Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith
Reports
The aim of this consultation with experts is to ensure that the Special Rapporteur receives the necessary exposure to the different practices, international standards and jurisprudence, and expert opinions that will help him draft his forthcoming thematic report for the United Nations Human Rights Council. The report will focus on assessing the unique experiences of women, girl children and LGBTI persons from the perspective of torture and other cruel, inhuman or degrading treatment and punishment (“CIDTP”) in international law. The consultation will focus on specific practices where the mistreatment rises to the level of torture or CIDTP to identify gaps …
Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian
Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian
Articles in Law Reviews & Other Academic Journals
In her article, The (Non)-Right to Sex, Professor Mary Ziegler excavates the fascinating legal history of the “sex gap” — the historical failure to address sexual liberty — in the constitutional canon and offers an important cautionary tale for contemporary advocacy of marriage equality. By surfacing lost efforts to expand sexual liberty, and by linking that liberty to intersectional concerns about class, gender, and racial equality, Professor Ziegler both explains why sexual freedom has received such limited constitutional protection and shows how incrementalist litigation strategies aimed at progressive legal change have inadvertently strengthened the state’s power to delimit sexual expression. …
Exclusionary Conduct Of Dominant Firms, R&D Competition, And Innovation, Jonathan Baker
Exclusionary Conduct Of Dominant Firms, R&D Competition, And Innovation, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
This paper evaluates the innovation consequences of antitrust enforcement against the exclusionary conduct of dominant firms through a Nash equilibrium model of research and development (R&D) competition to create new products. In the two-firm model, whether one firm regards the other firm’s R&D investment as a strategic complement or strategic substitute turns on an increasing differences condition: whether the first firm’s incremental benefit of increased R&D investment is greater if its rival’s R&D effort succeeds or if its rival’s R&D effort fails. Antitrust prohibitions on pre-innovation exclusion and post-innovation exclusion are found to be effective in different strategic settings: preventing …
Sharing Research Data And Intellectual Property Law: A Primer, Michael Carroll
Sharing Research Data And Intellectual Property Law: A Primer, Michael Carroll
Articles in Law Reviews & Other Academic Journals
Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security …
Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll
Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll
Joint PIJIP/TLS Research Paper Series
Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security …
The Road To Precautionary Review Of Financial Products, Hilary Allen
The Road To Precautionary Review Of Financial Products, Hilary Allen
Articles in Law Reviews & Other Academic Journals
Financial innovation introduces new and complex products into the financial system, providing market participants with more bespoke ways to manage their risk, return and liquidity. However, by increasing the complexity of the financial system, financial innovation also compromises financial stability. Faced with the rapid pace of financial innovation, regulators have two options. One is to seek to meet the complexity of the industry with complex regulation, in an arms race that under-resourced regulators are bound to lose. The less explored (and more controversial) path is for regulators to try to reduce the complexity of the financial system by limiting financial …
Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith
Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice – sexual abuse of boys in custody by female staff. Professor Smith will outline the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk will colclude with policy and practice prescription and recommendations for …
In An Era Of Healthcare Delivery Reforms, The Corporate Practice Of Medicine Is A Matter That Requires Vigilance., Stuart I. Silverman
In An Era Of Healthcare Delivery Reforms, The Corporate Practice Of Medicine Is A Matter That Requires Vigilance., Stuart I. Silverman
Health Law and Policy Brief
No abstract provided.
Conceiving A National Gamete Donor Registry: Policy Considerations, Privacy Concerns, And Legal Authority, Lauren Nussbaum
Conceiving A National Gamete Donor Registry: Policy Considerations, Privacy Concerns, And Legal Authority, Lauren Nussbaum
Health Law and Policy Brief
No abstract provided.
International Arbitration: Demographics, Precision And Justice, Susan Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, Anne Van Aaken
International Arbitration: Demographics, Precision And Justice, Susan Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, Anne Van Aaken
Contributions to Books
ICCA Congress Series No. 18 comprises the proceedings of the twenty-second Congress of the International Council for Commercial Arbitration (ICCA), held in Miami in 2014. The articles by leading arbitration practitioners and scholars from around the world address the challenges, both perceived and real, to the legitimacy of international arbitration.
The volume focusses on the twin pillars of legitimacy: justice, in procedure and outcome, and precision at every phase of the proceedings. Contributions on justice explore issues related to diversity, fairness and whether arbitral institutions can do more to foster legitimacy – based on the responses of nine international arbitral …
Same-Sex Couples - Comparative Insights On Marriage And Cohabitation, Macarena Sáez
Same-Sex Couples - Comparative Insights On Marriage And Cohabitation, Macarena Sáez
Books
This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when …
Reframing The Socratic Method, Jamie Abrams
Reframing The Socratic Method, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
While innovations in law teaching are everywhere, these innovations are being constructed upon and limited by the ancient architecture of the case-based Socratic method, which still endures and persists throughout first-year and upper-level courses. This article highlights how the Socratic method limits the depth and breadth of innovations in law teaching and can be reframed to better catalyze other teaching innovations, create more practice-ready lawyers, and cultivate more inclusive and inviting law classrooms. Within the existing framework of law teaching – the same casebooks, class sizes, and teaching style – the case-based Socratic method can be reframed in three straight-forward …
The Many Faces Of Transparency, Padideh Ala'i
The Many Faces Of Transparency, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
Transcript from the Proceedings of the Annual Meeting of American Society of International Law panel on the "Role of Transparency at the World Trade Organization."
Should The American Grand Jury Survive Ferguson, Roger Fairfax
Should The American Grand Jury Survive Ferguson, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
The grand jurors deliberated in secret, as the masses demanded the indictment of the would-be defendants. Ultimately, the grand jury would refuse to indict, enraging the many who believed justice had been denied
The Financial Stability Oversight Council (Fsoc): It's Not All About The Designation, Hilary Allen
The Financial Stability Oversight Council (Fsoc): It's Not All About The Designation, Hilary Allen
Articles in Law Reviews & Other Academic Journals
The recession that followed the financial crisis of 2007-2008 illustrated just how important financial stability is:when the financial system fails, it results in credit contractions that can cause seismic problems for the economyat large. Because financial institutions lack the incentives, information and tools to reduce the amount of risk inthe financial system as a whole, the vital task of overseeing and regulating for financial stability must necessarilybe carried out by a public body.
Between Scylla And Charybdis: Patentability And Morality Related To Human Embryonic Stem Cells, Li Jiang
Between Scylla And Charybdis: Patentability And Morality Related To Human Embryonic Stem Cells, Li Jiang
Intellectual Property Brief
No abstract provided.
My Online Me: Why Gamers Should Turn To California’S Right Of Publicity Laws In Protecting Their Online Avatars, Breanne Hoke
My Online Me: Why Gamers Should Turn To California’S Right Of Publicity Laws In Protecting Their Online Avatars, Breanne Hoke
Intellectual Property Brief
No abstract provided.
The New Gtld Program Or The More Things Change The More Things Stay The Same, Jack Vidovich
The New Gtld Program Or The More Things Change The More Things Stay The Same, Jack Vidovich
Intellectual Property Brief
No abstract provided.
Light My Fire: The Use & Policies Of Woody Biomass As A Heat Source, Carla Santos, Alisha Falberg
Light My Fire: The Use & Policies Of Woody Biomass As A Heat Source, Carla Santos, Alisha Falberg
Sustainable Development Law & Policy
No abstract provided.
London Calling To The Underground: Waste Heat In Urban Morphology Is Going Down The Tube, Nicholas J. Thies
London Calling To The Underground: Waste Heat In Urban Morphology Is Going Down The Tube, Nicholas J. Thies
Sustainable Development Law & Policy
No abstract provided.
Closing The Halliburton Loophole In New Mexico: Letting Developers Choose Between R&D Dollars And Trade Secrets, Christian Johnson
Closing The Halliburton Loophole In New Mexico: Letting Developers Choose Between R&D Dollars And Trade Secrets, Christian Johnson
Sustainable Development Law & Policy
No abstract provided.
The Quest For Sustainable Energy: Germany's Nuclear Scrutiny Vs. "All Of The Above", Adam Arnold
The Quest For Sustainable Energy: Germany's Nuclear Scrutiny Vs. "All Of The Above", Adam Arnold
Sustainable Development Law & Policy
No abstract provided.
The Role Of Advanced Cost Recovery In Nuclear Energy Policy, Robert C. Volpe
The Role Of Advanced Cost Recovery In Nuclear Energy Policy, Robert C. Volpe
Sustainable Development Law & Policy
No abstract provided.
Avoiding Epimetheus: Planning Ahead For The Commercial Development Of Offshore Methane Hydrates, Roy Andrew Partain
Avoiding Epimetheus: Planning Ahead For The Commercial Development Of Offshore Methane Hydrates, Roy Andrew Partain
Sustainable Development Law & Policy
No abstract provided.
Mexican Energy Revolution: But Is It A Solution?, Katrina Tomecek
Mexican Energy Revolution: But Is It A Solution?, Katrina Tomecek
Sustainable Development Law & Policy
No abstract provided.
A Race To The Middle In Energy Policy, James E. Parker-Flynn
A Race To The Middle In Energy Policy, James E. Parker-Flynn
Sustainable Development Law & Policy
No abstract provided.
Editor's Note, Jacqueline Niba
Editor's Note, Jacqueline Niba
Sustainable Development Law & Policy
No abstract provided.
In Search Of The Real Roberts Court, Stephen Wermiel
In Search Of The Real Roberts Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Brief Of Professors Peter S. Menell, J. Jonas Anderson, And Arti K. Rai As Amici Curiae In Support Of Neither Party, Teva V. Sandoz, No. 13-854, Slip Op., Jonas Anderson, Peter Menell, Arti Rai
Brief Of Professors Peter S. Menell, J. Jonas Anderson, And Arti K. Rai As Amici Curiae In Support Of Neither Party, Teva V. Sandoz, No. 13-854, Slip Op., Jonas Anderson, Peter Menell, Arti Rai
Amicus Briefs
No abstract provided.