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Articles 2641 - 2666 of 2666
Full-Text Articles in Law
Is It Just The Horns Of A Dilemma?, Craig B. Mousin
Is It Just The Horns Of A Dilemma?, Craig B. Mousin
Craig B. Mousin
No abstract provided.
Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr.
Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr.
Henry H. Perritt, Jr.
The market for video entertainment is growing and becoming more diverse as technology reduces barriers to entry for small, independent moviemakers and distributors and increases consumers’ ability to access the media of their choice. The growing complexity of the market, however, increases transaction costs for new entrants who must obtain licenses to copyrighted music, characters, storylines, or scenes that they incorporate into their movies. The entertainment bonanza offered by new technologies may not be realized in practice because of market failure. The purposes of the Copyright and Patents Clause are frustrated because creators of new works wishing to use new …
New Business Models For Music, Henry H. Perritt Jr.
New Business Models For Music, Henry H. Perritt Jr.
Henry H. Perritt, Jr.
The popular music industry is in the middle of a technology-driven revolution. It is clear that the old order has been swept away, but it is not yet clear what form the “new order” will take. The major labels are on life support and will not survive in anything like their previous form. Compact Discs are dead as a distribution medium. Copyright is unenforceable and hence essentially irrelevant except at the margins of the “new order.” Barriers to entry have been reduced dramatically as the costs of producing top-quality recordings have declined by a couple of orders of magnitude. Portable …
"Open The Doors And Where Are The People?: Constitutional Dialogue In The Shadow Of The People", Matthew S. R. Palmer
"Open The Doors And Where Are The People?: Constitutional Dialogue In The Shadow Of The People", Matthew S. R. Palmer
The Hon Justice Matthew Palmer
Procedimiento De Acciones Colectivas. Comunicación A Consumidores, Derecho De Exclusión Voluntaria Y Cosa Juzgada., Gabriel Martinez Medrano
Procedimiento De Acciones Colectivas. Comunicación A Consumidores, Derecho De Exclusión Voluntaria Y Cosa Juzgada., Gabriel Martinez Medrano
Gabriel Martinez Medrano
Comentario a la Resolución de la Cámara en lo Contencioso Administrativo y Tributario de la Ciiudad Autónoma de Buenos Aires, Sala II.
Blindsight: How We See Disabilities In Tort Litigation, Anne Bloom, Paul Steven Miller
Blindsight: How We See Disabilities In Tort Litigation, Anne Bloom, Paul Steven Miller
Anne Bloom
No abstract provided.
The Relationship Between The New York State Division Of Housing And Community Renewal And The New York City Housing Court, Gerald Lebovits
The Relationship Between The New York State Division Of Housing And Community Renewal And The New York City Housing Court, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Drafting New York Civil-Litigation Documents: Part Iv—The Complaint, Gerald Lebovits
Drafting New York Civil-Litigation Documents: Part Iv—The Complaint, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
New York Residential Landlord-Tenant Law And Procedure—2010-2011 (3d Ed. 2011), Gerald Lebovits
New York Residential Landlord-Tenant Law And Procedure—2010-2011 (3d Ed. 2011), Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Societal Properties And Law On Same-Sex Non-Marital Partnerships And Same-Sex Marriage In European Union Nations, Larry D. Barnett, Pietro Saitta
Societal Properties And Law On Same-Sex Non-Marital Partnerships And Same-Sex Marriage In European Union Nations, Larry D. Barnett, Pietro Saitta
Larry D Barnett
No abstract provided.
The German Constitutional Court Judgement On Data Retention: Proportionality Overrides Unlimited Surveillance (Doesn't It ?), Katja De Vries, Rocco Bellanova, Paul De Hert, Serge Gutwirth
The German Constitutional Court Judgement On Data Retention: Proportionality Overrides Unlimited Surveillance (Doesn't It ?), Katja De Vries, Rocco Bellanova, Paul De Hert, Serge Gutwirth
Serge Gutwirth
On 15 March 2006, the Data Retention Directive, demanding the retention of telecommunications data for a period of six months up to two years, was adopted. Since then, this seemingly straightforward directive has ‘generated’ quite an impressive number of court judgments. They range from the European Court of Justice (ECJ) to the administrative (e.g. Germany and Bulgaria ) and constitutional courts (e.g. Romania ) of some Member-States. In particular, the judgment of the German Federal Constitutional Court, delivered on 2 March 2010, has already caught the attention of several commentators, from civil society, lawyers, journalists and politicians (cf. infra). In …
Notas Sobre El Contenido Del Principio De La Democracia, Pablo Marshall
Notas Sobre El Contenido Del Principio De La Democracia, Pablo Marshall
Pablo Marshall
This paper seeks to expose the substantive aspects of the principle of democracy. It focuses, in the important research, inspired by the methodology of Carl Schmitt, that EW Böckenförde been made about the content and scope of the democratic clause in positive constitutional law. To that objective, was make a brief explanation of the role that have democracy in the theory of forms of government. After that was explain the foundations, role and application of the principle of democracy as a constitutional principle recognized in legal system. It ends with a brief application of this theory to the case of …
La Ciudadanía En La Jurisprudencia Del Tribunal Constitucional, Pablo Marshall
La Ciudadanía En La Jurisprudencia Del Tribunal Constitucional, Pablo Marshall
Pablo Marshall
No abstract provided.
Disapproving Dishonesty: The Florida Supreme Court's Increased Intolerance For Lawyers' Fraud And Misrepresentations In Personal Business, Daniel J. Cohn
Disapproving Dishonesty: The Florida Supreme Court's Increased Intolerance For Lawyers' Fraud And Misrepresentations In Personal Business, Daniel J. Cohn
Daniel J. Cohn
No abstract provided.
Rethinking The Indefinite Detention Of Sex Offenders, Fredrick E. Vars
Rethinking The Indefinite Detention Of Sex Offenders, Fredrick E. Vars
Fredrick E Vars
Thousands of sex offenders in the United States are being held indefinitely under civil commitment programs. The analysis in this Article suggests that none (or precious few) belong there. Specifically, in a large dataset, an instrument as good as the one most widely used by experts (the “Static-99”) could not identify even one sex offender who met the legal standards for commitment. Supplementing such instruments with additional information appears not to improve matters, so the failure of the instrument is profoundly disturbing. There are three possible responses: (1) improve instruments to meet existing standards; (2) lower the standards; and (3) …
The Fbi And The Making Of The Terrorist Threat, Ivan Greenberg
The Fbi And The Making Of The Terrorist Threat, Ivan Greenberg
Ivan Greenberg
The Bush administration's so-called war on terror needs to be situated within the context of earlier efforts to demonize dissent. Since the early 1970s the FBI has increasingly linked the threat of terrorism to lawful domestic social movements to undermine their legitimacy and blur meaningful distinctions between violent and peaceful political activity. In recent years, the FBI has become the leading control agency in what scholars and popular writers term the “surveillance society.” The FBI monitors public spaces and has deployed increasingly sophisticated technological surveillance. The bureau also has developed a new “preventative paradigm,” viewing well-nigh all street protest as …
Practicing Proportionality, William W. Berry Iii
Practicing Proportionality, William W. Berry Iii
William W Berry III
At the heart of the Eighth Amendment’s “cruel and unusual” punishment clause are two concepts of proportionality—absolute and relative. Absolute proportionality (“cruel”) asks whether the sentence is commensurate with the state’s purposes of punishment. Relative proportionality (“unusual”), by contrast, asks whether the sentence is relatively similar to the outcomes of similar cases. Absolute proportionality sets limits on punishment based on the relationship between the punishment and the intended punitive goal; relative proportionality sets limits on punishment based on the sentencing outcomes in similar cases. In recent years, the United States Supreme Court has utilized the concept of absolute proportionality to …
Appellant's Opening Brief (With Co-Counsel), Bowers V. Keller (Bowers I), 651 F.3d 1277 (11th Cir. 2011), Charles D. Weisselberg
Appellant's Opening Brief (With Co-Counsel), Bowers V. Keller (Bowers I), 651 F.3d 1277 (11th Cir. 2011), Charles D. Weisselberg
Charles D Weisselberg
No abstract provided.
Zizek/Questions/Failing, Nick J. Sciullo
Zizek/Questions/Failing, Nick J. Sciullo
Nick J. Sciullo
In this article I am primarily concerned with presenting Slavoj Žižek3 as a legal theorist. Žižek has been a valuable contributor to critical theory and deserves a place in the pantheon of legal thinkers.
While his diverse writings are often relegated to other disciplines, they also position him as an important contributor to law and public discourse. I seek to illuminate how he mediates and interrogates the law by demonstrating how his scholarship is important to the lives of legal thinkers, questions of success and the law, capitalism, political practice, and terrorism. Because Žižek’s work is interdisciplinary and expansive, this …
Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt
Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt
Christopher W. Schmidt
No abstract provided.
"We Can Work It Out": Using Cooperative Mediation - A Blend Of Collaborative Law And Traditional Mediation - To Resolve Divorce Disputes, Elena B. Langan
"We Can Work It Out": Using Cooperative Mediation - A Blend Of Collaborative Law And Traditional Mediation - To Resolve Divorce Disputes, Elena B. Langan
Elena B. Langan
Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene
Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene
Bernadette Atuahene
No abstract provided.
Appellant's Reply Brief (With Co-Counsel), Bowers V. Keller (Bowers I), 651 F.3d 1277 (11th Cir. 2011), Charles D. Weisselberg
Appellant's Reply Brief (With Co-Counsel), Bowers V. Keller (Bowers I), 651 F.3d 1277 (11th Cir. 2011), Charles D. Weisselberg
Charles D Weisselberg
No abstract provided.
Promulgating Proportionality, William W. Berry Iii
Promulgating Proportionality, William W. Berry Iii
William W Berry III
Two lines of cases have dominated the Supreme Court’s Eighth Amendment death penalty jurisprudence: the Furman-Gregg line of cases emphasizes the need to adopt rules to eliminate the arbitrariness inherent in unguided capital sentencing by juries, while the Woodson-Lockett line of cases emphasizes the opposite concern - the need for juries to make individualized sentencing determinations - highlighting the inadequacy of rules. At first glance, these competing aims create some internal tension, if not outright conflict. In his concurrence in Walton v. Arizona, Justice Scalia argued that this conflict was irreconcilable: “[t]he latter requirement [individualized factual determinations] quite obviously destroys …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (November 2010-March 2011), Mel Cousins
Mel Cousins
In this article, we review developments in the case law of the European Court of Justice and Court of Human Rights and EU legislative developments in the period November 2010 to March 2011. We focus on a number of key judgments – mainly involving an interpretation of the Treaty provisions − which look likely to have an important impact on social security issues: in particular, Test-Achats, concerning the incompatibility of secondary legislation allowing insurance products (including pension annuities) to be calculated by reference to gender-based actuarial factors, Casteels, concerning the impact of free movement on the co-ordination of occupational pensions …
The Criminalization Of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal?, Bryan H. Druzin, Jessica Li
The Criminalization Of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal?, Bryan H. Druzin, Jessica Li
Bryan H. Druzin
This paper argues that lying should be a crime. In doing so we propose the creation of a wholly new category of crime, which we term “egregious lying causing serious harm.” The paper has two broad objectives: the first is to make the case why such a crime should even exist, and the second is to flesh out how this crime might be constructed. The main contribution of the paper lies in the radical nature of its stated aim: the outright criminalization of certain kinds of lies. To our knowledge, such a proposal has not previously been made. The analysis …