Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Arts and Humanities (8)
- Social and Behavioral Sciences (7)
- Civil Rights and Discrimination (6)
- Philosophy (5)
- Jurisprudence (4)
-
- Legal Studies (4)
- Antitrust and Trade Regulation (3)
- Civil Procedure (3)
- Entertainment, Arts, and Sports Law (3)
- Ethics and Political Philosophy (3)
- History (3)
- Labor and Employment Law (3)
- Land Use Law (3)
- Legal History (3)
- Legal Theory (3)
- Communications Law (2)
- Conflict of Laws (2)
- Courts (2)
- First Amendment (2)
- Intellectual History (2)
- Law and Economics (2)
- Legal (2)
- Legal Education (2)
- Policy Design, Analysis, and Evaluation (2)
- Public Affairs, Public Policy and Public Administration (2)
- Public Law and Legal Theory (2)
- Religion Law (2)
- Sociology (2)
- Torts (2)
- Institution
- Keyword
-
- Jurisprudence (3)
- Land Use Planning (3)
- Antitrust (2)
- Civil Rights (2)
- Discrimination (2)
-
- First Amendment (2)
- Hate speech (2)
- Legal History (2)
- Practice and Procedure (2)
- Racial defamation (2)
- Racism (2)
- Sherman Act (2)
- Social History (2)
- Academics (1)
- Antitrust Division (1)
- Athletics (1)
- Broadcasting (1)
- Cable Act (1)
- Cable Communications Policy Act of 1984 (1)
- Cable Television (1)
- Civil rights (1)
- Common Carrier (1)
- Communications Act of 1934 (1)
- Competition (1)
- Copyright (1)
- Criminal law (1)
- Criminal liability (1)
- DOJ (1)
- Defense (1)
- Department of Justice (1)
Articles 1 - 30 of 32
Full-Text Articles in Law
Causation In Tort Law, Richard W. Wright
Causation In Tort Law, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Actual Causation Vs. Probabilistic Linkage: The Bane Of Economic Analysis, Richard W. Wright
Actual Causation Vs. Probabilistic Linkage: The Bane Of Economic Analysis, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson
Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson
All Faculty Scholarship
The traditional view of the first amendment's free speech guarantee as absolute, allowing few and narrow exceptions, reflects the Constitution's dedication to an open and unfettered exchange of ideas. Those thoughts that are abhorrent to a free society, the argument goes, will wither when aired but fester if suppressed. Moreover, who is to decide which ideas are offensive? The interests of the state may well be inferior to those of the people, the wisdom of public servants often suspect in quality and motivation. But freedom of speech is so precious and delicate a liberty it must be preserved at great …
Reducing Unions' Monopoly Power: Costs And Benefits, Robert H. Lande, Richard O. Zerbe Jr.
Reducing Unions' Monopoly Power: Costs And Benefits, Robert H. Lande, Richard O. Zerbe Jr.
All Faculty Scholarship
There is a fundamental conflict between labor law and antitrust law. The antitrust laws reflect the powerful idea that competition should usually dictate the way our economy is organized, to the benefit of the economy as a whole, including workers. But the labor exemption to the antitrust laws suggests a different policy: workers should have the right to eliminate competition for wages, hours, and working conditions.
The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos
The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos
All Faculty Scholarship
This Issue Brief from the American Constitution Society for Law and Policy begins by explaining the Voting Rights Act, Shelby County v. Holder, and the Voting Rights Amendment Act of 2014 (VRAA). The remaining sections then explain the four specific ways the VRAA attempted to counter the holding from the Shelby County decision.
The Pursuit Of Pluralism: The Lessons From The New French Audiovisual Communications Law, Michael I. Meyerson
The Pursuit Of Pluralism: The Lessons From The New French Audiovisual Communications Law, Michael I. Meyerson
All Faculty Scholarship
Electronic mass communications, which have become increasingly influential over the past quarter century, have also undergone rapid and profound technological change. Constitutional governments around the world have struggled to apply their fundamental legal principals to the electronic media through sensible and balanced regulation. Perhaps the central problem in such regulation is to protect truth in the media, mainly by encouraging diversity, without allowing the regulators themselves to exert undue influence over what is disseminated over the airwaves and cables of a country's communications infrastructure. The following article traces the history of France's attempts to solve this problem in its electronic …
Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson
Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson
All Faculty Scholarship
This article will examine the recent surge in litigation arising from assertions by homosexuals of their constitutional rights - cases that reflect the law in flux and conflict - and will demonstrate that both constitutional principles and social philosophy generally require resolution of the conflicts in favor of equality, without regard to sexual preference.
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
All Faculty Scholarship
The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.
The Cable Communications Policy Act Of 1984: A Balancing Act On The Coaxial Wires, Michael I. Meyerson
The Cable Communications Policy Act Of 1984: A Balancing Act On The Coaxial Wires, Michael I. Meyerson
All Faculty Scholarship
After three decades of what Chief Justice Burger termed ‘the almost explosive development’ of cable television, Congress updated the Communications Act of 1934 with the Cable Communications Policy Act of 1984. The Act represents the culmination of a ‘decade long effort to update the Communications Act of 1934 . . . and bring our outdated communications laws into the information age.’ The 1984 Cable Act was a complicated piece of legislation, the result of countless compromises and political deals. This Article explains how Congress attempted to balance the competing, and sometimes mutually exclusive, interests of the cable operators, cities, video …
Vertical Restraints Guidelines: A Step Forward, Joe Sims, Robert H. Lande
Vertical Restraints Guidelines: A Step Forward, Joe Sims, Robert H. Lande
All Faculty Scholarship
No abstract provided.
Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.
Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Transportation Labor Law And Policy For A Deregulated Industry (With Dennis Alan Arouca), Henry H. Perritt Jr.
Transportation Labor Law And Policy For A Deregulated Industry (With Dennis Alan Arouca), Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Computers At The Core Of Legal Education: Experiments At Iit Chicago-Kent College Of Law, Ronald W. Staudt
Computers At The Core Of Legal Education: Experiments At Iit Chicago-Kent College Of Law, Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
Public Trial, Pseudonymous Parties: When Should Litigants Be Permitted To Keep Their Identities Confidential?, Joan E. Steinman
Public Trial, Pseudonymous Parties: When Should Litigants Be Permitted To Keep Their Identities Confidential?, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Supplemental Groundwater Irrigation Law: From Capture To Sharing, A. Dan Tarlock
Supplemental Groundwater Irrigation Law: From Capture To Sharing, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Law Of Equitable Apportionment Revisited, Undated And Restated, A. Dan Tarlock
The Law Of Equitable Apportionment Revisited, Undated And Restated, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Implementing The Illinois Educational Labor Relations Act, Martin H. Malin
Implementing The Illinois Educational Labor Relations Act, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Due Process, State Remedies And Section 1983, Sheldon Nahmod
Due Process, State Remedies And Section 1983, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Mandatory Tithes: The Legality Of Land Development Linkage (With N. Stroud), Fred P. Bosselman
Mandatory Tithes: The Legality Of Land Development Linkage (With N. Stroud), Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Pariah To Paragon: Developer Exactions In Florida 1975-85 (With N. Stroud), Fred P. Bosselman
Pariah To Paragon: Developer Exactions In Florida 1975-85 (With N. Stroud), Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
The Copyright Notice Requirement In The United States: A Proposed Amendment Concerning Deliberate Omissions Of Notice, Lynn Mclain
The Copyright Notice Requirement In The United States: A Proposed Amendment Concerning Deliberate Omissions Of Notice, Lynn Mclain
All Faculty Scholarship
Outside the United States, many countries take the position that an
author owns the copyright to his or her work simply by virtue of having
created it; copyright protection is not conditioned on compliance with
notice or other formalities. 1 The United States, however, has historically
required copyright notice to be placed on works which are published.
Judge Friendly succinctly explained the American position: "The notice
requirement serves an important public purpose; the copyright proprietor
is protected so long and only so long as he gives effective warning to
trespassers that they are entering on forbidden ground.
Professional Sports And Antitrust Law: The Groundrules Of Immunity, Exemption And Liability, Phillip J. Closius
Professional Sports And Antitrust Law: The Groundrules Of Immunity, Exemption And Liability, Phillip J. Closius
All Faculty Scholarship
As professional sports leagues increased their wealth and national prominence, the federal judicial system became uncomfortable with its characterization of sports as something other than a business. The Supreme Court reflected this change in policy in the 1950s by refusing to extend baseball's antitrust exemption to other sports. The application of the Sherman Act to all nonbaseball sports established the foundation for the forceful imposition of antitrust constraints on team owners in the sports litigation of the 1970s. These "revolutionary" decisions substantially eliminated the status of sports as a game or amusement insulated from the legal obligations of profit-making industries. …
Causing The Conditions Of One's Own Defense: A Study In The Limits Of Theory In Criminal Law Doctrine, Paul H. Robinson
Causing The Conditions Of One's Own Defense: A Study In The Limits Of Theory In Criminal Law Doctrine, Paul H. Robinson
All Faculty Scholarship
One widely-stated goal of criminal law theory is to create the set of rules that best implements our collective sense of justice. To reach this goal, the theorist continuously adjusts his theory so that it generates rules that better reflect our fundamental notions of justice. These rules, moreover, must function as workable doctrine, which in the context of criminal law means precise statutory provisions. It is this process of theoretical refinement and translation that is the topic of this article. Can good theory generate results that approximate our collective sense of justice? Can the theoretical refinements be translated into workable …
Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank
Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Afterwords: A Response To Professor Hazard And A Comment On Marrese, Stephen B. Burbank
Afterwords: A Response To Professor Hazard And A Comment On Marrese, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton
All Faculty Scholarship
No abstract provided.
Social Science And Segregation Before Brown, Herbert J. Hovenkamp
Social Science And Segregation Before Brown, Herbert J. Hovenkamp
All Faculty Scholarship
The courts must bear a heavy share of the burden of American racism. An outpouring of historical scholarship on racism and the American law reveals the outrageous and humiliating extent to which American lawyers, judges, and legislators created, perpetuated, and defended racist American institutions. The law is not autonomous, however, particularly in areas of explicit public policy making. Lawyers did not invent racism. Rather they created racist institutions because society was racist and racism was implicit in its values. The trend in scholarship on the legal history of American racism, however, has been to place most of the blame for …
Evolutionary Models In Jurisprudence, Herbert J. Hovenkamp
Evolutionary Models In Jurisprudence, Herbert J. Hovenkamp
All Faculty Scholarship
Few ideas in intellectual history have been so captivating that they have overflowed the discipline from which they came and spilled over into everything else. The theory of evolution is unquestionably one of these. Evolution was an idea so powerful that it seemed obvious when Charles Darwin offered it. After all, there were prominent evolutionists a century before Darwin. Charles Darwin merely presented a model that made the theory plausible. It was a model, though, that infected everything, and one that appeared to answer every question worth asking, no matter what the subject. The model had the potential to lead …
Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse
Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Antitrust Policy After Chicago, Herbert J. Hovenkamp
Antitrust Policy After Chicago, Herbert J. Hovenkamp
All Faculty Scholarship
This article, which was published in 1985, describes the development of a "Post-Chicago" antitrust policy. The Chicago School of antitrust analysis has made an important and lasting contribution to antitrust policy. The School has placed an emphasis on economic analysis in antitrust jurisprudence that will likely never disappear. At the same time, however, the Chicago School's approach to antitrust is defective for two important reasons. First of all, the notion that public policymaking should be guided exclusively by a notion of efficiency based on the neoclassical market efficiency model is naive. That notion both overstates the ability of the policymaker …