Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (34503)
- Social and Behavioral Sciences (31978)
- International Law (31613)
- Criminal Law (26998)
- Environmental Law (17874)
-
- Intellectual Property Law (16571)
- Legal Education (16008)
- State and Local Government Law (15974)
- Legislation (15298)
- Civil Rights and Discrimination (15192)
- Courts (14476)
- Health Law and Policy (14344)
- Law and Society (14145)
- Comparative and Foreign Law (13274)
- Indigenous, Indian, and Aboriginal Law (13250)
- Administrative Law (12958)
- Arts and Humanities (12846)
- Human Rights Law (11910)
- Labor and Employment Law (11110)
- Sociology (10883)
- Legal Profession (10626)
- Criminal Procedure (10521)
- Business Organizations Law (10440)
- Legal History (10397)
- Legal Studies (9852)
- Jurisprudence (9164)
- Torts (8815)
- Property Law and Real Estate (8763)
- Law and Economics (8288)
- Institution
-
- Brigham Young University Law School (35971)
- Selected Works (28035)
- University of Michigan Law School (20499)
- University of Pennsylvania Carey Law School (14575)
- Duke Law (13797)
-
- SelectedWorks (13108)
- Fordham Law School (12886)
- Maurer School of Law: Indiana University (11626)
- University of Oklahoma College of Law (11052)
- Case Western Reserve University School of Law (10017)
- William & Mary Law School (8965)
- Northwestern Pritzker School of Law (8697)
- UC Law SF (8489)
- University of North Carolina School of Law (8375)
- American University Washington College of Law (8191)
- Vanderbilt University Law School (7287)
- Notre Dame Law School (7198)
- Cornell University Law School (6968)
- University of Missouri School of Law (6841)
- Louisiana State University Law Center (6696)
- Washington and Lee University School of Law (6535)
- Marquette University Law School (6438)
- University of Kentucky (6243)
- University of Chicago Law School (6121)
- University of Minnesota Law School (6114)
- University of Washington School of Law (5890)
- Golden Gate University School of Law (5858)
- University of Richmond (5789)
- Chicago-Kent College of Law (5748)
- University of Maryland Francis King Carey School of Law (5540)
- Keyword
-
- Law (5786)
- Constitutional Law (5210)
- International Law (4045)
- Constitutional law (3685)
- Human rights (3565)
-
- International law (3437)
- Supreme Court (3301)
- Copyright (2943)
- Jurisprudence (2923)
- United States (2852)
- First Amendment (2724)
- Politics (2716)
- Discrimination (2658)
- Constitution (2650)
- Legislation (2572)
- Evidence (2491)
- Law and Society (2415)
- Regulation (2387)
- Corporations (2345)
- Courts (2345)
- Criminal law (2292)
- Women (2238)
- Privacy (2188)
- Contracts (2186)
- Jurisdiction (2180)
- United States Supreme Court (2180)
- Intellectual property (2160)
- History (2159)
- Torts (2140)
- University of Michigan Law School (2097)
- Publication Year
-
- 2023 (9543)
- 2022 (13868)
- 2021 (12832)
- 2020 (12060)
- 2019 (13634)
-
- 2018 (14500)
- 2017 (15104)
- 2016 (16746)
- 2015 (19162)
- 2014 (16286)
- 2013 (16820)
- 2012 (17257)
- 2011 (15815)
- 2010 (15727)
- 2009 (13866)
- 2008 (12842)
- 2007 (11943)
- 2006 (11761)
- 2005 (10235)
- 2004 (9853)
- 2003 (8862)
- 2002 (8301)
- 2001 (9113)
- 2000 (8648)
- 1999 (7649)
- 1998 (7406)
- 1997 (7007)
- 1996 (7006)
- 1993 (6915)
- 1992 (7626)
- Publication
-
- Faculty Scholarship (19431)
- Michigan Law Review (10734)
- Articles (10293)
- American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 (8590)
- University of Pennsylvania Law Review (8506)
-
- Faculty Publications (7319)
- Utah Court of Appeals Briefs (through 1995) (6781)
- Utah Court of Appeals Briefs (1996–2006) (6657)
- Journal of Criminal Law and Criminology (6643)
- North Carolina Law Review (5885)
- Louisiana Law Review (5639)
- All Faculty Scholarship (5120)
- Fordham Law Review (4890)
- Indiana Law Journal (4818)
- Scholarly Works (4352)
- West Virginia Law Review (4298)
- Utah Supreme Court Briefs (cases filed before 1965) (4234)
- Marquette Law Review (4229)
- Law and Contemporary Problems (4103)
- Utah Supreme Court Briefs (through 1999) (4038)
- Utah Court of Appeals Briefs (2007– ) (3950)
- Case Western Reserve Law Review (3866)
- Missouri Law Review (3628)
- Vanderbilt Law Review (3541)
- Kentucky Law Journal (3499)
- South Carolina Law Review (3374)
- Utah Supreme Court Briefs (1965 –) (3348)
- Notre Dame Law Review (3330)
- Washington Law Review (3296)
- Minnesota Law Review (3291)
Articles 3001 - 3030 of 547311
Full-Text Articles in Law
Housing Equity In Golden Gate Village, Nicole White
Housing Equity In Golden Gate Village, Nicole White
Social Justice | Senior Theses
For generations, the African American community has faced many forms of housing discrimination that have created major inequalities in their everyday lived experiences (Lockwood, 2020). This study explores the long-lasting effects of discriminatory housing policies in creating disparate housing conditions within the public housing community in Marin City called Golden Gate Village, as well as the role of the Marin Housing Authority in practices of displacement and neglect. The methodology for the study included seven different interviews with Golden Gate Village residents to obtain knowledge about the community as well as grasp an understanding of the lived experiences of the …
Hablando Sobre Inmigración: How Members Of The House Of Representatives In 118th Congress Frame The Issue Of Immigration, Guadalupe Castañeda Martinez
Hablando Sobre Inmigración: How Members Of The House Of Representatives In 118th Congress Frame The Issue Of Immigration, Guadalupe Castañeda Martinez
History and Political Science | Senior Theses
Historically, Immigration has played a critical role in forming the nation’s identity, economic prosperity, and promoting cultural diversity. Considering that the issue of Immigration has been in the news and is considered by many to be important and in need of policy solutions, little progress has been made on passing comprehensive immigration reform since the 113 th Congress in 2013. How members of Congress talk about Immigration is important because framing can influence public opinion, shaping perceptions of the issue and affecting policy decisions. Members may use their platform to communicate how they think about policy issues. Research has been …
Mandatory Anti-Bias Cle: A Serious Problem Deserves A More Meaningful Response, Rima Sirota
Mandatory Anti-Bias Cle: A Serious Problem Deserves A More Meaningful Response, Rima Sirota
Georgetown Law Faculty Publications and Other Works
This essay addresses the problematic convergence of two recent trends: (1) the expansion of jurisdictions requiring anti-bias training (ABT) as part of mandatory continuing legal education (CLE), and (2) the growing recognition among social scientists that such training, at least as currently practiced, is of limited effectiveness.
Forty-six American states require continuing legal education (CLE), and eleven of these states now require lawyer ABT as one facet of CLE requirements. I have previously criticized the mandatory CLE system because so little evidence supports the conclusion that it results in more competent lawyers. The central question tackled by this essay is …
Cultural Property: “Progressive Property In Action”, J. Peter Byrne
Cultural Property: “Progressive Property In Action”, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
Cultural property law fulfills many of the normative and jurisprudential goals of progressive property theory. Cultural property limits the normal prerogatives of owners in order to give legal substance to the interests of the public or of specially protected non-owners. It recognizes that preservation of and access to heritage resources advance public values such as cultural enrichment and community identity. The proliferation of cultural property laws and their acceptance by courts has occurred despite a resurgent property fundamentalism embraced by the Supreme Court. Thus, this Article seeks to explicate the category of cultural property, its fulfillment of progressive theory, and …
Open Source Perfume, Amanda Levendowski
Open Source Perfume, Amanda Levendowski
Georgetown Law Faculty Publications and Other Works
ABRIDGED ABSTRACT: Perfume is a powerful art and technology, but its secrets are closely held by a privileged few - by some counts, there are more astronauts than there are perfumers. As critics have noted increasingly since 2020, those select few perfumers often share similar backgrounds. As interviews with American, British, and French perfumemakers reveal, intellectual property (IP) also plays a gatekeeping role in perfumery. Drawing on work by perfumer and educator Saskia Wilson-Brown, this Article suggests that perfumery is overdue for a transformation. One is emerging: open source perfume. For those seeking ways to share scents and signal commitment …
American Law In The New Global Conflict, Mark Jia
American Law In The New Global Conflict, Mark Jia
Georgetown Law Faculty Publications and Other Works
This Article surveys how a growing rivalry between the United States and China is changing the American legal system. It argues that U.S.-China conflict is reproducing, in attenuated form, the same politics of threat that has driven wartime legal development for much of our history. The result is that American law is reprising familiar patterns and pathologies. There has been a diminishment in rights among groups with imputed ties to a geopolitical adversary. But there has also been a modest expansion in rights where advocates have linked desired reforms with geopolitical goals. Institutionally, the new global conflict has at times …
The Violence Of Free Speech And Press Metaphors, Erin C. Carroll
The Violence Of Free Speech And Press Metaphors, Erin C. Carroll
Georgetown Law Faculty Publications and Other Works
Today, our free speech marketplace is often overwhelming, confusing, and even dangerous. Threats, misdirection, and lies abound. Online firestorms lead to offline violence. This Article argues that the way we conceptualize free speech and the free press are partly to blame: our metaphors are hurting us.
The primary metaphor courts have used for a century to describe free speech—the marketplace of ideas—has been linked to violence since its inception. Originating in a case about espionage and revolution, in a dissent written by Oliver Wendell Holmes, a thrice-injured Civil War veteran, the marketplace has been described as a space where competition …
Preparing Future Lawyers To Draft Contracts And Communicate With Clients In The Era Of Generative Ai, Kristen Wolff
Preparing Future Lawyers To Draft Contracts And Communicate With Clients In The Era Of Generative Ai, Kristen Wolff
Articles
Thank you all for coming today. This is, I think, a really important topic. Important enough that the conference has decided to have two talks on the same topic, and Mark will be presenting on this in the next session, too. I plan on attending because I don’t think you can get enough perspectives on it right now. And hearing this information, I had to attend several talks myself before I really digested it and understood what this was all about. So, I hope that I can give you a little bit of that today. My name is Kristen Wolff. …
The Battle Over Gender-Affirming Healthcare For Transgender Minors: Analyzing Anti-Transgender Healthcare Bills In Arkansas And Texas, Brandon Calton
The Battle Over Gender-Affirming Healthcare For Transgender Minors: Analyzing Anti-Transgender Healthcare Bills In Arkansas And Texas, Brandon Calton
Roger Williams University Law Review
No abstract provided.
Defense Against The Dark Arts: The Diversity Rationale And The Failed Affirmative Defense Of Affirmative Action, Sheldon Bernard Lyke
Defense Against The Dark Arts: The Diversity Rationale And The Failed Affirmative Defense Of Affirmative Action, Sheldon Bernard Lyke
Washington and Lee Law Review
Over the past forty years, affirmative action advocates have participated in a defensive campaign where they have admitted that affirmative action is a form of justified discrimination. This Article finds this a dangerous strategy because it allows for the practice of misguided beliefs about race and remedies for racism. When schools fail to fight the pernicious perception that affirmative action is a racial preference, they allow the bulk of society to participate in the belief that there are no other remedial justifications for affirmative action—like remedying an institution’s history of discrimination, or curing a school’s present and ongoing discrimination by …
Why Equity Follows The Law, Adam J. Macleod
Why Equity Follows The Law, Adam J. Macleod
Faculty Articles
Renewed attention to equity in higher education is welcome because true equity helps us to reason together well. When administered correctly, the jurisprudence of equity models civil discourse and, therefore, can teach us how to carry out civic engagement reasonably. Equitable interpretation of the law teaches us how to understand each other charitably. And equity’s deference to law teaches us how to reason well together about our practical problems. Law is the practical reasoning that we do together. Equity serves the ends of justice by serving law, rather than undermining it. These functions of equity in adjudication point toward a …
Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan
Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan
Singapore International Dispute Resolution Academy
Purpose: This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China. Design/methodology/approach: Newspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions. Findings: The effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology. Research limitations/implications: There are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and …
The Belt And Road Initiative: Conflict Of Laws And Dispute Resolution, Veltrice Tan
The Belt And Road Initiative: Conflict Of Laws And Dispute Resolution, Veltrice Tan
Singapore International Dispute Resolution Academy
Purpose: This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China. Design/methodology/approach: Academic articles, case law and books are examined as are relevant reports by various regulatory authorities and organizations. Findings: Historically, Chinese courts have strictly adhered to “de facto reciprocity”, which made it difficult for foreign judgements to be recognized and enforced in China. Fortunately, Chinese courts have since abandoned their rigid adherence to de facto reciprocity, and have instead, used flexible tests of reciprocity such as de jure reciprocity, reciprocal commitment and reciprocal understand/consensus. Accordingly, this would facilitate the …
Risky Speech Systems: Tort Liability For Ai-Generated Illegal Speech, Margot E. Kaminski
Risky Speech Systems: Tort Liability For Ai-Generated Illegal Speech, Margot E. Kaminski
Publications
No abstract provided.
Navigating Legal Ethics And Law School Curricula: Attempting To Find Technology Competency Without A Compass, Jessica De Perio Wittman, Kathleen (Katie) Brown
Navigating Legal Ethics And Law School Curricula: Attempting To Find Technology Competency Without A Compass, Jessica De Perio Wittman, Kathleen (Katie) Brown
Faculty Articles and Papers
Comment 8 of Model Rule 1.1 of the Professional Rules of Conduct requires attorneys to be ethically accountable for technology competence. However, the drafting of the language of Rule 1.1 is vague. As a result, attorneys, law firms, and law schools apply Rule 1.1 differently and emphasize topics they deem most important. Per American Bar Association (ABA) Standard 301, law schools must maintain a rigorous program of legal education that prepares their students for effective, ethical, and responsible participation as members of the legal profession. Law schools have summarily responded to Rule 1.1 and Standard 301 by adding and offering …
Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson
Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson
Faculty Scholarship
Intimate partner violence (IPV) is one of the most complex issues that family dispute resolution (FDR) professionals encounter. Over one-third of women and one-quarter of men in the United States have experienced physical violence, rape, and/or stalking by an intimate partner in their lifetime (Black et al., 2011), and a majority of separation- and divorce-related cases involve IPV allegations (Ballard et al., 2011; Beck et al., 2010; Belzer, 2003). IPV often escalates, and is most dangerous, during and after separation and creates unique challenges for mediation and other collaborative processes (Beck & Raghaven, 2010; Kelly & Johnson, 2008). Therefore, all …
The Case For Climate Reparations, Scott W. Stern
The Case For Climate Reparations, Scott W. Stern
Dickinson Law Review (2017-Present)
Climate reparations are, to employ an old cliché, an idea whose time has come. Of course, calls for reparations have been emanating from the Global South since long before scholars in the Global North started paying attention. The United States has been in the midst of a public debate over reparations for many years. And reparations have become among the more contentious issues pushed by campaigners and even delegates at international climate summits. Yet, although legal scholars have begun to contend with climate reparations, there is hardly a robust body of literature on the matter. The subject deserves—demands— deep scrutiny. …
Weed Like Our Money Back: Amending Pennsylvania’S Medical Cannabis Law For Insolvent Cannabusinesses, Nikolajs V. Gaikis
Weed Like Our Money Back: Amending Pennsylvania’S Medical Cannabis Law For Insolvent Cannabusinesses, Nikolajs V. Gaikis
Dickinson Law Review (2017-Present)
In 2016, Pennsylvania joined what is now 37 states and the District of Columbia in legalizing medical cannabis. The Commonwealth’s cannabusinesses share in a struggle that is common in other legal jurisdictions: operating within the confines of the Controlled Substances Act and the Bankruptcy Code. Insolvent individuals and businesses that profit from cannabis or hold cannabis assets cannot declare bankruptcy because cannabis is a Schedule I drug. Under state law, other insolvency alternatives like an assignment for the benefit of creditors, receiverships, and compositions with creditors exist as potential alternatives.
Pennsylvania’s insolvent cannabusinesses are in a uniquely poor position because …
Book Review—Shaping The Bar: The Future Of Attorney Licensing, Kevin P. Lee
Book Review—Shaping The Bar: The Future Of Attorney Licensing, Kevin P. Lee
Dickinson Law Review (2017-Present)
No abstract provided.
From The Fox To Onlyfans: The Changing Landscape Of Property Law, Vicenc Feliu
From The Fox To Onlyfans: The Changing Landscape Of Property Law, Vicenc Feliu
Nova Law Review
No abstract provided.
"Common But Differentiated Responsibilities” In The Paris Agreement, Henrique Schneider
"Common But Differentiated Responsibilities” In The Paris Agreement, Henrique Schneider
FIU Law Review
The Paris Agreement, adopted in 2015, epitomizes a political approach to climate action, devoid of scientific oversight at its inception. This political nature underscores its essence, emphasizing action over guaranteed results. With a foundation in "common but differentiated responsibilities" (CBDR), nations set diverse climate goals based on unique circumstances. However, this diversity complicates policy alignment and raises challenging questions, such as the feasibility of carbon border adjustments and intellectual property dilution. Analyzing CBDR within the Paris Agreement framework unveils its evolution, shaped by political negotiations and national actions. This study delves into the intricate interplay between politics, policy, and international …
Defining Religion And Accommodating Religious Exercise, Justin Collings, Anna Bryner
Defining Religion And Accommodating Religious Exercise, Justin Collings, Anna Bryner
Indiana Law Journal
It is a volatile time in the jurisprudence of the First Amendment’s Religion Clauses. In recent terms, the U.S. Supreme Court has revisited many key Church-State and free exercise questions, and the Justices seem poised to revisit several more. Each of these fundamental questions presupposes an antecedent question: what, for constitutional purposes, is religion itself? The Court has never answered this question consistently or systematically. But, at least in the case of constitutionally mandated religious exemptions, a clear pattern emerges over time: the broader the Court’s definition of religion, the weaker its regime of religious exemptions. The reverse has also …
Patent Term Tailoring, Sarah Rajec
Patent Term Tailoring, Sarah Rajec
Indiana Law Journal
Patent rights are designed to encourage innovation with both the promise of a patent and with its expiration. Currently, patent term lasts from issuance until twenty years from the application date, with minor exceptions. The patent term is limited so that rewards for past invention do not overly hinder future progress. Although the goal is laudable, a uniform patent term is a blunt instrument to achieve such a nuanced balance. Historically, the patent system was not averse to tailoring terms through, for example, individually granted extensions to undercompensated inventors or term curtailment when a foreign patent holder failed to “work” …
Letting The Kids Run Wild: Free-Range Parenting And The (De)Regulation Of Child Protective Services, Fenja R. Schick-Malone
Letting The Kids Run Wild: Free-Range Parenting And The (De)Regulation Of Child Protective Services, Fenja R. Schick-Malone
Washington and Lee Law Review
Families in the United States suffer from a removal epidemic. The child welfare framework allows unnecessary and harmful intervention into family and parenting matters, traditionally left to the discretion of the parent. Many states allow Child Protective Services (“CPS”) to investigate, intervene, and permanently separate a child from their parents for innocuous activities such as letting the child play outside unattended. This especially affects low-income and minority families.
To prevent CPS from unnecessarily intervening in a family’s decision to let their children engage in independent, unsupervised activities, Utah passed a “free-range” parenting act (“Act”) in 2018. The Act explicitly excludes …
Mandatory Sentences As Strict Liability, William W. Berry Iii
Mandatory Sentences As Strict Liability, William W. Berry Iii
Washington and Lee Law Review
Strict liability crimes—crimes that do not require a criminal intent—are outliers in the world of criminal law. Disregarding criminal intent risks treating the blameworthy the same as the blameless.
In a different galaxy far, far away, mandatory sentences—sentences automatically imposed upon a criminal conviction—are unconstitutional in certain contexts for the exact same reason. Mandatory death sentences risk treating those who do not deserve death the same as those that might.
Two completely separate contexts, two parallel rules of law. Yet courts and commentators have failed to see the similarities between these two worlds, leaving an analytical black hole. Indeed, equity …
“Down Where The Grass Grows”: Municipal Abortion Policies After Dobbs, Martha F. Davis
“Down Where The Grass Grows”: Municipal Abortion Policies After Dobbs, Martha F. Davis
University of Colorado Law Review
When the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization referred future decisions about abortion policies to “elected representatives and the people,” there is no doubt that local governments were included in the designation. In fact, since the 1970s, local governments have been active in pursuing a range of abortion policies in their jurisdictions—both for and against abortion access—that may be in tension with their state governments. Because the ideological orientations of state and local governments often conflict, state preemption is a frequent threat hanging over these local initiatives. There are examples from both sides of the political …
The Voluntary Carbon Market: Market Failures And Policy Implications, Vittoria Battocletti, Luca Enriques, Alessandro Romano
The Voluntary Carbon Market: Market Failures And Policy Implications, Vittoria Battocletti, Luca Enriques, Alessandro Romano
University of Colorado Law Review
Many companies have made environmental pledges and launched products that claim to be carbon neutral. In most of these instances, corporations rely on carbon offsets. In this Article, we investigate the functioning of the market on which these offsets are created and exchanged, namely the voluntary carbon market, and look into the question of whether and, if so, how it should be subject to regulation. We start by shedding light on the mechanics of this market and then explain why a well-functioning voluntary carbon market is necessary to fight global warming and can also help developing countries build less carbon-intensive …