Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (8)
- Intellectual Property Law (5)
- First Amendment (4)
- Law and Race (4)
- Antitrust and Trade Regulation (3)
-
- Civil Rights and Discrimination (3)
- Comparative and Foreign Law (3)
- Human Rights Law (3)
- International Trade Law (3)
- Jurisprudence (3)
- Legal Profession (3)
- Privacy Law (3)
- Environmental Law (2)
- Health Law and Policy (2)
- Internet Law (2)
- Legal Education (2)
- Natural Resources Law (2)
- Property Law and Real Estate (2)
- State and Local Government Law (2)
- Supreme Court of the United States (2)
- Administrative Law (1)
- Bankruptcy Law (1)
- Business Organizations Law (1)
- Civil Procedure (1)
- Communications Law (1)
- Computer Law (1)
- Constitutional Law (1)
- Courts (1)
- Criminal Law (1)
- Keyword
-
- United States (3)
- Freedom of speech (2)
- Government employees (2)
- Jurisprudence (2)
- Legal education (2)
-
- Religion (2)
- Technology (2)
- 115th Congress (1)
- 14th Amendment (1)
- 1936- (1)
- 1967- (1)
- AALS Section on Gay and Lesbian Legal Issues (1)
- Advertising (1)
- Africa (1)
- And Regions; Jewish Law (1)
- Anthony M. (1)
- Anti-poverty campaigns (1)
- Antitrust law (1)
- Arbitral institutions (1)
- Areas (1)
- Augmented reality (1)
- Billionaires (1)
- Bowers v. Hardwick (1)
- Castle Rock v. Gonzales (1)
- Chevron USA Inc. v. Natural Resources Defense Council Inc. (1)
- Children's rights (1)
- Circumcision (1)
- Clean electricity (1)
- Clean energy (1)
- Climate change (1)
Articles 1 - 30 of 45
Full-Text Articles in Law
Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles, 18.71-18.76), J. Janewa Osei-Tutu
Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles, 18.71-18.76), J. Janewa Osei-Tutu
Articles
No abstract provided.
Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham
Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham
Articles
No abstract provided.
Beyond Zero-Sum Environmentalism, Jessica Owley, Shalanda Baker, Robin Kundis Craig, John Dernbach, Keith Hirokawa, Sarah Krakoff, Melissa Powers, Shannon Roesler,, Jonathan Rosenbloom, J. B. Ruhl, Jim Salzman, Inara Scott, David Takacs
Beyond Zero-Sum Environmentalism, Jessica Owley, Shalanda Baker, Robin Kundis Craig, John Dernbach, Keith Hirokawa, Sarah Krakoff, Melissa Powers, Shannon Roesler,, Jonathan Rosenbloom, J. B. Ruhl, Jim Salzman, Inara Scott, David Takacs
Articles
Environmental law and environmental protection are often portrayed as requiring trade offs: "jobs versus environment," "markets versus regulation," "enforcement versus incentives." In the summer of 2016, members of the Environmental Law Collaborative gathered to consider how environmentalism and environmental regulation can advance beyond this framing to include new constituents and offer new pathways to tackle the many significant challenges ahead. Months later, the initial activities of the Trump Administration highlighted the use of zero-sum rhetoric, with the appointment of government officials and the issuance of executive orders that indeed seem to view environmental issues as in a zero-sum relationship with …
What Do Traditional Knowledge And Traditional Cultural Expressions Have To Do With Intellectual Property Rights, J. Janewa Osei-Tutu
What Do Traditional Knowledge And Traditional Cultural Expressions Have To Do With Intellectual Property Rights, J. Janewa Osei-Tutu
Articles
No abstract provided.
Mineral Estate Conservation Easements: A New Policy Instrument To Address Hydraulic Fracturing And Resource Extraction, Jessica Owley, Robert B. Jackson, James Salzman
Mineral Estate Conservation Easements: A New Policy Instrument To Address Hydraulic Fracturing And Resource Extraction, Jessica Owley, Robert B. Jackson, James Salzman
Articles
No abstract provided.
Do Claims About Claims To Claims Matter?, Sergio J. Campos
Do Claims About Claims To Claims Matter?, Sergio J. Campos
Articles
No abstract provided.
"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks
"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks
Articles
The legal and social landscape of "revenge porn" has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the ternm "revenge porn." As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; federal criminal legislation on the issue had been introduced in Congress; Google, Facebook, and Twitter had banned nonconsensual pornography from their platforms; and the term "revenge porn" had been added to the Merriam- Webster Dictionary. I have had the privilege of playing a role in many …
What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler
What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler
Articles
Major legislative actions during the early part of the I I 5th Congress have undermined the central argument for regulator reform measures such as the RELVS Act, a bill that would require congressional approval of all new major regulations. Proponents of the RELVS Act argue that it would make the federal regulator system more democratic by shifting responsibility for regulatoy decisions away from unelected bureaucrats and toward the people's representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress's most s 'gni/cant initiatives during this period-its derailed attempts to …
You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon
You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon
Articles
The United States is the only major industrialized nation that restricts trade with Cuba. Although President Obama issued several executive orders that have facilitated limited trade (and President Trump has scaled some back), an embargo remains in place, and by law, Congress cannot lift it until, among other things, the Cuban government commits to democratization and human rights reform. Unfortunately, the Cuban and U.S. governments fundamentally disagree on the definition of "human rights, " and neither side has shown a willingness to compromise. Meanwhile, although some US. investors clamor to join their European and Canadian counterparts in expanding operations in …
Corporate Governance, Compliance, Social Responsibility, And Enterprise Risk Management In The Trump/Pence Era, Marcia Narine Weldon
Corporate Governance, Compliance, Social Responsibility, And Enterprise Risk Management In The Trump/Pence Era, Marcia Narine Weldon
Articles
No abstract provided.
The Separation Of Corporate Law And Social Welfare, William Wilson Bratton
The Separation Of Corporate Law And Social Welfare, William Wilson Bratton
Articles
No abstract provided.
Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin
Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin
Articles
It is no longer reasonable to assume that electronic communications can be kept private from governments or private-sector actors. In theory, encryption can protect the content of such communications, and anonymity can protect the communicator's identity. But online anonymity-one of the two most important tools that protect online communicative freedom-is under practical and legal attack all over the world. Choke-point regulation, online identification requirements, and data-retention regulations combine to make anonymity very difficult as a practical matter and, in many countries, illegal. Moreover, key internet intermediaries further stifle anonymity by requiring users to disclose their real names.
This Article traces …
The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki
The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki
Articles
In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production. We argue that informal rules are a significant and pervasive-but nonetheless underappreciated-tool f or solving the problem. While existing literature has focused on how informal rules sustain incentives for producing creative work, we demonstrate how such rules can facilitate and organize collaboration in the creative space.
We also suggest that informal rules can be a better fit for creative organization than formal law. On the one side, unique features of creativity, especially high uncertainty and low verifiability, lead to organizational challenges that formal …
Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham
Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham
Articles
A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was concerned about minor bleeding around the site of a circumcision. A District Court there found that circumcision, notwithstanding parental consent or religious motivation, constituted a criminal bodily injury and child abuse. Ultimately, on July 19, 2012 the Bundestag resolved that "Jewish and Muslim religious life be viable in Germany," and in December a bill was passed that legislatively overrode the ruling of the District Court and recognized circumcision as a non-punishable undertaking when undertaken for religious reasons by someone professionally trained. Two years …
Medical-Legal Partnerships With Communities: Legal Empowerment To Transform Care, Tamar Ezer
Medical-Legal Partnerships With Communities: Legal Empowerment To Transform Care, Tamar Ezer
Articles
Medical-legal partnerships (MLPs) integrate legal services into health care settings to provide holistic care and address the social determinants of health. This article brings a legal-empowerment lens to MLP work, arguing for a stronger focus on communities. It examines the application to MLPs of bringing services to communities, investing in rights literacy, and partnering with community-based paralegals. It then outlines the potential for a transformation in health and legal services to a rights - rather than needs-based framework where communities are active partners in program design and development.
Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes
Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes
Articles
No abstract provided.
From Law Reform To Lived Justice: Marriage Equality, Personal Praxis, And Queer Normativity In The United States, Francisco Valdes
From Law Reform To Lived Justice: Marriage Equality, Personal Praxis, And Queer Normativity In The United States, Francisco Valdes
Articles
No abstract provided.
The Future Of Fast Food Governance, Andrew Elmore
Ending The Pursuit: Releasing Attorney Advertising Regulations At The Intersection Of Technology And The First Amendment, Jan L. Jacobowitz
Ending The Pursuit: Releasing Attorney Advertising Regulations At The Intersection Of Technology And The First Amendment, Jan L. Jacobowitz
Articles
No abstract provided.
The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli
The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli
Articles
No abstract provided.
Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson
Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson
Articles
No abstract provided.
Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Articles
When you hear the word "terrorist" who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that "terrorists are always (brown) Muslims." The second is that "white people are never terrorists.
Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …
Qui Custodiet Custodes? A Hard Look At International Arbitral Institutions, Jan Paulsson
Qui Custodiet Custodes? A Hard Look At International Arbitral Institutions, Jan Paulsson
Articles
No abstract provided.
A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin
A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin
Articles
The ever-expanding Free Speech Clause has made possible claims that would have been unthinkable until recently. This symposium Essay examines the compelled speech claims of two hypothetical county clerks who believe that marriage should be limited to unions between one man and one woman, and who argue that forcing them to issue marriage licenses to gay and lesbian couples compels them to speak in favor of same-sex marriage in violation of the Free Speech Clause.
When a government employee such as a county clerk speaks, she may not be speaking as just a private individual. She may also be speaking …
Government Employee Religion, Caroline Mala Corbin
Government Employee Religion, Caroline Mala Corbin
Articles
Picture a county clerk who refuses to issue a marriage license to an LGBT couple or a city bus driver who insists on wearing a hijab. The clerk is fired for failing to fulfill job responsibilities and the bus driver for violating official dress codes. Both claim that their termination violates the First Amendment speech and religion clauses.
There is a well-developed First Amendment government employee speech jurisprudence. Less developed is the doctrine and literature for First Amendment government employee religion. The existing Free Exercise Clause jurisprudence usually does not specifically account for the government employee context. This Article attempts …
Valuing Identity, Osamudia R. James
Trading Spaces: The Changing Role Of The Executive In U.S. Trade Lawmaking, Kathleen Claussen
Trading Spaces: The Changing Role Of The Executive In U.S. Trade Lawmaking, Kathleen Claussen
Articles
Since the earliest days of the republic, the U.S. executive has wielded a significant but constitutionally bounded influence on the direction of U.S. trade law. In the twenty-first century, the growth of free trade agreements has led to an institutionalization of trade norms that permits the executive many more spaces for engagement with trading partners. In addition, other types of quotidian lawmaking extend the power of the executive in both public and hidden spaces beyond congressional delegation, even as that power remains substantially bounded by congressional control. This Article analyzes the dynamics between the branches that will direct future U.S. …
Changing Course, Sergio J. Campos
Disarming State Action; Discharging State Responsibility, Zanita E. Fenton
Disarming State Action; Discharging State Responsibility, Zanita E. Fenton
Articles
No abstract provided.
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V.United States And The Categorical Approach, Rebecca Sharpless
Articles
No abstract provided.