Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (38)
- Human Rights Law (37)
- Intellectual Property Law (21)
- Law and Gender (19)
- Criminal Law (17)
-
- Civil Rights and Discrimination (16)
- International Humanitarian Law (13)
- Legal History (13)
- Constitutional Law (12)
- First Amendment (12)
- Immigration Law (12)
- International Trade Law (12)
- Law and Society (12)
- Contracts (11)
- Education Law (10)
- Law Enforcement and Corrections (10)
- State and Local Government Law (10)
- Health Law and Policy (9)
- Internet Law (9)
- Judges (9)
- Law and Economics (9)
- Legislation (9)
- Science and Technology Law (9)
- Military, War, and Peace (8)
- Labor and Employment Law (7)
- Legal Ethics and Professional Responsibility (7)
- Legal Profession (7)
- Sexuality and the Law (7)
- Antitrust and Trade Regulation (6)
- Keyword
-
- Legislation (5)
- Supreme Court (5)
- Constitutional law (4)
- Human Rights Law (4)
- Human rights (4)
-
- Jurisprudence (4)
- Military (4)
- Race (4)
- Technology (4)
- Age (3)
- Antitrust (3)
- Civil Rights (3)
- Constitution (3)
- Criminal Law (3)
- Education Law (3)
- Ethics (3)
- Evidence (3)
- First Amendment (3)
- International Criminal Law (3)
- Judges (3)
- Legal History (3)
- War and Peace (3)
- Administration Law (2)
- Antitrust enforcement (2)
- Antitrust law (2)
- Bipartisan (2)
- Circuit split (2)
- Climate change (2)
- Collateral consequences (2)
- Communications Law (2)
- Publication
-
- Articles in Law Reviews & Other Academic Journals (70)
- American University Law Review (44)
- American University Journal of Gender, Social Policy & the Law (33)
- American University International Law Review (19)
- American University Business Law Review (8)
-
- Criminal Law Practitioner (8)
- Arbitration Brief (5)
- Contributions to Books (5)
- Legislation and Policy Brief (5)
- American University National Security Law Brief (4)
- Human Rights Brief Spring 2019 Regional Coverage (4)
- Amicus Briefs (3)
- Presentations (3)
- Upper Level Writing Requirement Research Papers (2)
- Articles in Law Reviews & Journals (1)
- Editorial Contributions (1)
- Working Papers (1)
- Publication Type
Articles 1 - 30 of 216
Full-Text Articles in Law
Brief Of Amici Curiae National Health Law Program And National Network Of Abortion Funds Supporting Petitioners-Cross-Respondents, Maya Manian, Jill E. Adams, Sara Ainsworth, Abigail K. Coursolle, Yvonne Lidgren, Sarah Somers, Melanie R. Medalle
Brief Of Amici Curiae National Health Law Program And National Network Of Abortion Funds Supporting Petitioners-Cross-Respondents, Maya Manian, Jill E. Adams, Sara Ainsworth, Abigail K. Coursolle, Yvonne Lidgren, Sarah Somers, Melanie R. Medalle
Amicus Briefs
No abstract provided.
International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck
International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck
Articles in Law Reviews & Other Academic Journals
Privilege determinations in international arbitration are currently the equivalent of the “wild west,” with minimal predictability and massive pockets of tribunal discretion. Yet protecting privilege in international arbitration — when the same document or communications with lawyers that is protected by United States law may receive no protection under another law — is fundamental to safeguarding attorney-client relationships within a global environment, incentivizing procedural integrity of dispute resolution, and ensuring that justice is done. As it is not clear what law applies to privilege and client confidentiality (let alone how the law is determine), this Essay begins to bridge the …
Reclaiming Place-Based Development Incentive, Ezra Rosser
Reclaiming Place-Based Development Incentive, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
Professor Michelle Layser's forthcoming article is an attack on the current form of place-based tax incentive programs. Layser argues that while rhetorically such programs are said to help the poor, by design they support gentrification in ways that harm the poor. The article ends with a call to reform place-based incentive programs so that the poor in selected areas actually benefit.
The Myth Of Enforcing Border Security Versus The Reality Of Enforcing Dominant Masculinities, Jamie Abrams
The Myth Of Enforcing Border Security Versus The Reality Of Enforcing Dominant Masculinities, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
This essay explores the masculinities underpinnings in modern immigration law, policy, and rhetoric. Existing analysis has captured the ways in which Trump-era immigration laws, policies, and rhetoric are explicitly and implicitly packaged in alarming racism and xenophobia. These critical lenses continue a long and deeply worrisome legacy of “othering” and dehumanizing immigrants and, more broadly, marginalizing communities of color in the United States.
Outside of the immigration law lens, separate strands of scholarship and media coverage have highlighted the toxic masculinities of the Trump era. These discussions have generally focused on President Trump’s treatment of women, the gendered campaign dynamics …
Justice Breyer And The Rise Of Globalization: An Analysis Of The Jurisprudence Of Justice Breyer As A Pragmatic Visionary, Timothy Sajal Klee
Justice Breyer And The Rise Of Globalization: An Analysis Of The Jurisprudence Of Justice Breyer As A Pragmatic Visionary, Timothy Sajal Klee
Upper Level Writing Requirement Research Papers
No abstract provided.
Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez
Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez
Presentations
Professor Emeritus Herman Schwartz’s distinguished career has focused attention on the cause of human rights, civil liberties, and the rule of law. From the UN to Helsinki Watch, and from Israel and Eastern Europe to the United States, his work on emerging democracies, constitutional reform, and rule of law has inspired a generation of students, scholars, and practitioners to engage in this important work. Join us for a symposium on prison reform, comparative constitutionalism, voting rights, and human rights in Israel, with experts, activists, and academics in celebration of his contributions.
Introduction, Ezra Rosser
Introduction, Ezra Rosser
Contributions to Books
This is the introduction to Holes in the Safety Net: Federalism and Poverty (Ezra Rosser ed., Cambridge University Press, 2019). The table of contents for the book, with links to the other chapters, can be found below: Introduction (this document) Ezra Rosser Part I: Welfare and Federalism Ch. 1 Federalism, Entitlement, and Punishment across the US Social Welfare State Wendy Bach Ch. 2 Laboratories of Suffering: Toward Democratic Welfare Governance Monica Bell, Andrea Taverna, Dhruv Aggarwal, and Isra Syed Ch. 3 The Difference in Being Poor in Red States versus Blue States Michele Gilman Part II: States, Federalism, and Antipoverty …
Reclaiming State Authority Over Zoning Property, Ezra Rosser
Reclaiming State Authority Over Zoning Property, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
In 2019, Oregon became the first state to pass legislation that essentially bans single-family zoning.' As states across the country struggle to respond to the housing affordability crisis, Oregon's actions do not stand alone. John Infranca's recent article, The New State Zoning: Land Use Preemption Amid a Housing Crisis, may have been published before Oregon's historic vote but it is essential reading for those interested in the future of zoning.
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Upper Level Writing Requirement Research Papers
Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …
Undocumented: The Need To Further Address The Intersection Of Immigration And Domestic Violence In The United States, Julie Flower
Undocumented: The Need To Further Address The Intersection Of Immigration And Domestic Violence In The United States, Julie Flower
Legislation and Policy Brief
No abstract provided.
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Legislation and Policy Brief
No abstract provided.
A More Sensible Surge: Ending Doj's Indiscriminate Raids Of Healthcare Providers, Michael C. Barnes
A More Sensible Surge: Ending Doj's Indiscriminate Raids Of Healthcare Providers, Michael C. Barnes
Legislation and Policy Brief
No abstract provided.
Foreword, Jamin B. Raskin
Editor's Welcome, Rachael A. Soloway
Editor's Welcome, Rachael A. Soloway
Legislation and Policy Brief
No abstract provided.
Predictive Policing Theory, Andrew Guthrie Ferguson
Predictive Policing Theory, Andrew Guthrie Ferguson
Contributions to Books
Predictive policing is changing law enforcement. New place-based predictive analytic technologies allow police to predict where and when a crime might occur. Data-driven insights have been operationalized into concrete decisions about police priorities and resource allocation. In the last few years, place-based predictive policing has spread quickly across the nation, offering police administrators the ability to identify higher crime locations, to restructure patrol routes, and to develop crime suppression strategies based on the new data.
This chapter suggests that the debate about technology is better thought about as a choice of policing theory. In other words, when purchasing a particular …
Scotus's Second Take On Trademark Registration As Speech, Christine Farley
Scotus's Second Take On Trademark Registration As Speech, Christine Farley
Editorial Contributions
Professor Farley offers her take on Iancu v. BrunettiURL: https://patentlyo.com/patent/2019/06/scotuss-trademark-registration.html
In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez
In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez
Articles in Law Reviews & Other Academic Journals
This Article argues that the Inter-American System of Human Rights has contributed to a family system that embraces gender equality and non-heterosexual and gender non-conforming families. It argues that the system had, from its inception, an expansive idea of the family that included associations outside marriage. This was the basis for a robust development of the concepts of equality and non-discrimination by the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights. Although the IACtHR has only decided a handful of cases related to the non-heterosexual family, its rich case law on equality and the right to …
Brief Of The R Street Institute As Amicus Curiae In Support Of Petitioner, Charles Duan
Brief Of The R Street Institute As Amicus Curiae In Support Of Petitioner, Charles Duan
Amicus Briefs
It is a common but misleading premise of cases such as this one that the disappointed patent applicant has two options for judicial review: a 35 U.S.C. § 145 district court action and an appeal under 35 U.S.C. § 141. The applicant also has a non-judicial option: administrative remedies within the U.S. Patent and Trademark Office.
These administrative remedies add an important dimension to this case. The Court of Appeals adopted what it conceded was an atextual construction of § 145 expense recovery provision in order to ensure that § 145 actions were not cost-prohibitive to “small businesses and individual …
Americas Coverage, Human Rights Brief
Americas Coverage, Human Rights Brief
Human Rights Brief Spring 2019 Regional Coverage
No abstract provided.
Middle East & North Africa Coverage, Human Rights Brief
Middle East & North Africa Coverage, Human Rights Brief
Human Rights Brief Spring 2019 Regional Coverage
No abstract provided.
Europe & Central Asia Coverage, Human Rights Brief
Europe & Central Asia Coverage, Human Rights Brief
Human Rights Brief Spring 2019 Regional Coverage
No abstract provided.
Asia & Oceania Coverage, Human Rights Brief
Asia & Oceania Coverage, Human Rights Brief
Human Rights Brief Spring 2019 Regional Coverage
No abstract provided.
In This Issue, What Would Justice Brennan Say To Justice Thomas?, Stephen Wermiel
In This Issue, What Would Justice Brennan Say To Justice Thomas?, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Inescapable Intersection Of Race, Law, And Sports: Perspectives From The Field, N. Jeremi Duru, Michele Roberts, Woodie Dixon, Jeff Whitney
The Inescapable Intersection Of Race, Law, And Sports: Perspectives From The Field, N. Jeremi Duru, Michele Roberts, Woodie Dixon, Jeff Whitney
Presentations
During the Civil Rights Movement of the 1960’s, race and sport were thickly intertwined. Athletes such as Arthur Ashe, Muhammad Ali, John Carlos, and Tommie Smith used their platforms as sports stars to challenge racial and economic injustice. In the decades that followed, that activist spirit largely receded, but over the past several years athlete activism has been on the rise. From Miami Heat players posting a group photo in hooded sweatshirts in protest of Trayvon Martin’s killing to St. Louis Rams’ players running onto the field with hands above their heads in protest of Michael Brown’s killing to Colin …
Five Principles For Vertical Merger Enforcement Policy, Jonathan Baker, Nancy Rose, Steven Salop, Fiona Scott Morton
Five Principles For Vertical Merger Enforcement Policy, Jonathan Baker, Nancy Rose, Steven Salop, Fiona Scott Morton
Articles in Law Reviews & Other Academic Journals
There seems to be consensus that the Department of Justice’s 1984 Vertical Merger Guidelines do not reflect either modern theoretical and empirical economic analysis or current agency enforcement policy. Yet widely divergent views of preferred enforcement policies have been expressed among agency enforcers and commentators. Based on our review of the relevant economic literature and our experience analyzing vertical mergers, we recommend that the enforcement agencies adopt five principles: (i) The agencies should consider and investigate the full range of potential anticompetitive harms when evaluating vertical mergers; (ii) The agencies should decline to presume that vertical mergers benefit competition on …
Symposium On "International Trade In The Trump Era", Padideh Ala'i
Symposium On "International Trade In The Trump Era", Padideh Ala'i
Presentations
Speaker, Symposium on International Trade in the Trump Era, Yale Law School (February 22, 2019) Symposium: International Trade in the Trump EraPanel I: The WTO and the Future of Dispute Settlement in International TradePresented Paper: The Vital Role of the WTO Appellate Body in the Promotion of Rule of Law and International Cooperation: A Case Study
Federal Courts And The Poor: Lack Of Standards And Uniformity In Civil In Forma Pauperis Pleadings, Ezra Rosser
Federal Courts And The Poor: Lack Of Standards And Uniformity In Civil In Forma Pauperis Pleadings, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
Andrew Hammond's article, Pleading Poverty in Federal Court, shows that there is considerable variation in how federal courts consider requests by the poor for fee waivers in civil litigation. Courts not only use different forms to collect ability-to-pay information but they also apply different standards when determining whether fees should be waived. By focusing attention on federal court in forma pauperis motion practices, Hammond's article sheds light on how the poor can be negatively impacted by routine court practices that might ordinarily be treated as merely administrative. Hammond makes a convincing argument that federal courts should have uniform standards for …
Judge Douglas H. Ginsburg And Antitrust Law's Rule(S) Of Reason, Jonathan Baker, Andrew Gavil
Judge Douglas H. Ginsburg And Antitrust Law's Rule(S) Of Reason, Jonathan Baker, Andrew Gavil
Contributions to Books
This essay, written for a volume in honor of Judge Douglas H. Ginsburg, explores the evolution of the rule of reason and its development into a common structured, burden shifting approach guiding judicial decisions under Sections 1 and 2 of the Sherman Act and under Section 7 of the Clayton Act. It highlights the influential role that Judge Ginsburg and the Court of Appeals for the D.C. Circuit, on which he served, played in that evolution.
America's Quiet Legacy Of Native American Voter Disenfranchisement: Prospects For Change In North Dakota After Brakebill V. Jaeger, Hannah Stambaugh
America's Quiet Legacy Of Native American Voter Disenfranchisement: Prospects For Change In North Dakota After Brakebill V. Jaeger, Hannah Stambaugh
American University Law Review
No abstract provided.
Adding Insult To Injury: The Unconscionability Of Alimony Payments From Domestic Violence Survivors To Their Abusers, Amanda Nannarone
Adding Insult To Injury: The Unconscionability Of Alimony Payments From Domestic Violence Survivors To Their Abusers, Amanda Nannarone
American University Law Review
No abstract provided.