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Articles 1 - 30 of 39
Full-Text Articles in Law
Talkin' 'Bout Law's Generations: Intergenerational Differences In Reading Legal Texts, Marett Leiboff
Talkin' 'Bout Law's Generations: Intergenerational Differences In Reading Legal Texts, Marett Leiboff
Marett Leiboff
This paper describes a project I am currently undertaking which seeks to find out if generational differences affect the reading of legal texts, with the potential to compromise the possibility of textual integrity in law. I am calling this concept ‘intergenerational interpretative dissonance’. Using an empirical study (which is currently on foot), the project is drawing on ‘pop culture’ generations to undertake a quiz-style survey to explore differences in knowledge, history and meanings about non-legal events in order to establish what non-legal knowledge is shared (or not) by different generations of lawyers. The survey is being used to provide background …
"Talkin' 'Bout Law's Generations: An Empirical And Jurisprudential Investigation Into The Reading Of Legal Cases By Different Generations Of Lawyers", Marett Leiboff
Marett Leiboff
The Australian TV comedy quiz show, Talkin’ ‘bout your generation, pits the knowledge of three different teams of generations against each other. Like a highlystrung game of trivial pursuit, the show’s comedy darkly exposes the speed with which knowledge, language and meaning is lost and misinterpreted across and between generations. This pilot study, Talkin’ ‘bout law’s generations takes its cue from its namesake, by discovering if legal interpretation is similarly affected. But the character of legal interpretation being explored is not uni-dimensional, and is instead exploring if (and how) social, political, historical and linguistic knowledge is deployed by its interpreters. …
'Ditto': Law, Pop Culture And Humanities And The Impact Of Intergenerational Interpretative Dissonance, Marett Leiboff
'Ditto': Law, Pop Culture And Humanities And The Impact Of Intergenerational Interpretative Dissonance, Marett Leiboff
Marett Leiboff
Building on Julius Stone's remark that jurisprudence is law's extroversion (or extraversion), this essay explores the consequences that flow from the loss of a shared humanities discourse by lawyers. In adapting the concept of extraversion to those things about us in the world, the essay considers the finding of an empirical study, Law's Gens Project, which revealed a profound, almost seismic shift in what different generational groupings of lawyers know, based in the humanities, placing this point of rupture squarely in the 1970s. Drawing on allusions and cultural references used in judgments, this project reveals how these cultural markers affect …
Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff
Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff
Marett Leiboff
Copy of powerpoint presentation to the conference.
Remembering Mary Dunlap As A Student, Herma Hill Kay
Remembering Mary Dunlap As A Student, Herma Hill Kay
Herma Hill Kay
Recounts the experience of having Mary C. Dunlap as a student at the Boalt Hall School of Law at the University of California in Berkeley. Introduction by Dunlap and fellow students, Nancy Davis and Wendy Webster Williams of a course on Women and the Law into the Boalt Hall curriculum; Establishment of the Davis, Dunlap and Williams women' rights law firm, which was later reorganized as the public interest women's rights firm of Equal Rights Advocates, Inc.; Admittance of Dunlap of being involved in a lesbian relationship; Reason given by Dunlap for studying law.
Berkeley Women's Law Journal: A Powerful Force At Twenty, Herma Hill Kay
Berkeley Women's Law Journal: A Powerful Force At Twenty, Herma Hill Kay
Herma Hill Kay
Anniversaries provide appropriate occasions to learn from experience by examining the past and planning for the future. The Twentieth Anniversary of the founding of the Berkeley Women's Law Journal (now the Berkeley Journal of Gender, Law & Justice) is such an occasion.
Patching The Ark: Improving Legal Protection Of Biological Diversity, Holly Doremus
Patching The Ark: Improving Legal Protection Of Biological Diversity, Holly Doremus
Holly Doremus
Critiques the species-by-species approach of the 1973 Endangered Species Act (ESA) and discusses more holistic alternatives; US.
Constitutive Law And Environmental Policy, Holly Doremus
Constitutive Law And Environmental Policy, Holly Doremus
Holly Doremus
No abstract provided.
Understanding Imf Stand-By Arrangements From The Perspective Of International And Domestic Law: The Experience Of Venezuela In The 1990s, Gabriel Garcia
Understanding Imf Stand-By Arrangements From The Perspective Of International And Domestic Law: The Experience Of Venezuela In The 1990s, Gabriel Garcia
Dr Gabriel Garcia
During the 1990s, international financial institutions such as the World Bank and the International Monetary Fund (IMF) promoted the so-called 'Washington Consensus'. One of the premises of the consensus was that developing countries needed to embrace a market economy and build a legal system supportive of the rule of law in order to promote progress and defeat poverty. The onset of financial crises across South America and the inability of governments to deal with problems derived from this financial meltdown provided the proitious conditions for the IMF to implement its agenda of promoting a market economy and the rule of …
How To Turn Around Your Classroom, Jalae Ulicki, Arlene Westphal
How To Turn Around Your Classroom, Jalae Ulicki, Arlene Westphal
Jalae Ulicki
- Explore and create effective student response questions for use in class
- Determine potential uses for data to create a higher level of engagement in the classroom
- Determine how to use the data to enhance teaching
Rights Of Adolescent Girls In India: A Critical Look At Laws And Policies, Saumya Uma
Rights Of Adolescent Girls In India: A Critical Look At Laws And Policies, Saumya Uma
Dr. Saumya Uma
505 And All That—The Defendant’S Dilemma, Peter Jaszi
505 And All That—The Defendant’S Dilemma, Peter Jaszi
Peter Jaszi
Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.
Facilitative And Mandatory Rules In The Corporation Law(S) Of The United States, Richard M. Buxbaum
Facilitative And Mandatory Rules In The Corporation Law(S) Of The United States, Richard M. Buxbaum
Richard M. Buxbaum
No abstract provided.
Dealing With The Dilemmas: Integrity, Knowledge And Research, Jennifer M. Nielsen
Dealing With The Dilemmas: Integrity, Knowledge And Research, Jennifer M. Nielsen
Dr Jennifer M Nielsen
Based on a paper presented at the Australasian Law Teachers Association Annual Conference, Victoria University of Wellington, Wellington, New Zealand, 4-7 July 1999 - stimulating debate amongst legal academics on the critique raised by indigenous Australians of 'pseudo-white experts' of western-oriented research methods and of research done 'about them' - little questioning or discussion within the literature by Australian academics of the ethics process in research or examination of ethics of research on indigenous issues - only a small number of those undertaking research into indigenous people are themselves indigenous Australians - the indigenous critique remains misunderstood by or unknown …
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
Samuel J. Levine
This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
Cynthia M Ho
No abstract provided.
They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin
They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin
Patricia E. Salkin
This article, prepared as a follow-up to Salkin & Nolon, Practically Grounded: Convergence of Land Use Pedagogy and Best Practice, 60 J.Legal Education 519 (2011), describes how practice-based assignments can supplement the traditional casebook method of instruction to meet goals and measure outcome assessments for students in the course. The article is based on my own course goals and explains how each assignment relates to individual outcome assessments.
'Leveling The Playing Field' With Contract Principles, Stephen A. Gerst
'Leveling The Playing Field' With Contract Principles, Stephen A. Gerst
Stephen A Gerst
No abstract provided.
Open Sesame - Anatomy Of Regulatory Regime For Foreign Investment In China’S Private Health Insurance Market, Tao Liang
Tao LIANG
David Dudley Field And The Field Code: A Historical Analysis Of An Earlier Procedural Vision, Stephen Subrin
David Dudley Field And The Field Code: A Historical Analysis Of An Earlier Procedural Vision, Stephen Subrin
Stephen N. Subrin
No abstract provided.
The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell
The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell
Dr. Edward E. Bell
Black males are in jail. Are "we" to blame? The New Jim Crow is alive.
The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis
The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis
Srividhya Ragavan
No abstract provided.
Rlt: A Preliminary Examination Of Religious Legal Theory As A Movement, Samuel J. Levine
Rlt: A Preliminary Examination Of Religious Legal Theory As A Movement, Samuel J. Levine
Samuel J. Levine
No abstract provided.
Scorn, Richard Delgado, Jean Stefancic
How To Effectively Use And Access Forms For Teaching, Jalae Ulicki
How To Effectively Use And Access Forms For Teaching, Jalae Ulicki
Jalae Ulicki
Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt
Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt
Professor Katina Michael
Law disciplines technology, though it does so in a partial and incomplete way as reflected in the old adage that technology outstrips the capacity of law to regulate it. The rise of new technologies poses a significant threat to human rights – the pervasive use of CCTV (and now mobile CCTV), telecommunications interception, and low-cost audio-visual recording and tracking devices (some of these discreetly wearable), extend the power of the state and corporations significantly to intrude into the lives of citizens.
Cross-Cultural Readings Of Intent: Form, Fiction, And Reasonable Expectations, Deborah Waire Post
Cross-Cultural Readings Of Intent: Form, Fiction, And Reasonable Expectations, Deborah Waire Post
Deborah W. Post
No abstract provided.
Renewing The Bayh-Dole Act As A Default Rule In The Wake Of Stanford V. Roche, Parker Tresemer
Renewing The Bayh-Dole Act As A Default Rule In The Wake Of Stanford V. Roche, Parker Tresemer
Parker Tresemer
Since its enactment in 1980, the Bayh-Dole Act has incentivized university and private industry investment in new technologies by granting them exclusive patent rights to their inventors’ federally funded technologies. The Supreme Court’s holding in Stanford v. Roche, however, threatens to stall American innovation by undermining the Act’s intended structure for disposition of intellectual property rights. Congress enacted the Bayh-Dole Act to solve a specific problem: stagnating technological innovation in the decades after World War II. Universities and private companies are unwilling to commercialize basic federally funded technologies without exclusive rights to those technologies. The Congressional record surrounding the Bayh-Dole …
Best Practices For Drafting University Technology Assignment Agreements After Filmtec, Stanford V. Roche, And Patent Reform, Parker Tresemer
Best Practices For Drafting University Technology Assignment Agreements After Filmtec, Stanford V. Roche, And Patent Reform, Parker Tresemer
Parker Tresemer
Since the end of World War II, federally funded universities and private companies have been an integral part of continued American innovation and technological production. However, like most rational economic actors, universities and private companies are only willing to invest in federally funded technologies if they are guaranteed some sort of exclusive return on their investment. By granting federal contractors exclusive patent rights to their employee’s federally funded inventions, the Bayh-Dole Act provided the necessary incentives for private sector investment in federally funded technologies. However, case law subsequent to Bayh-Dole’s enactment has significantly undermined the system of incentives Congress intended …
Interests In The Balance: Fda Regulations Under The Biologics Price Competition And Innovation Act, Parker Tresemer
Interests In The Balance: Fda Regulations Under The Biologics Price Competition And Innovation Act, Parker Tresemer
Parker Tresemer
Recent biotechnology advances are yielding potentially life-saving therapies, but without FDA regulations designed to minimize product costs, patients will continue to be unable to afford these expensive biologic products. Many believe that these prohibitive costs stem from weak competition from generic biologic products, also known as follow-on biologics. To correct this deficiency, and to address the often conflicting regulatory and policy concerns associated with biologic products, Congress enacted the Biologics Price Competition and Innovation Act. The Act created an abbreviated approval pathway for biologic products and, if effective, could increase competition while driving down product costs. But legislation alone is …