Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (9)
- Criminal Law (6)
- Intellectual Property Law (6)
- Immigration Law (5)
- Social and Behavioral Sciences (5)
-
- Administrative Law (4)
- Courts (4)
- Judges (4)
- Tax Law (4)
- Business Organizations Law (3)
- Comparative and Foreign Law (3)
- Family Law (3)
- Law and Economics (3)
- Law and Society (3)
- State and Local Government Law (3)
- Civil Procedure (2)
- Civil Rights and Discrimination (2)
- Criminal Procedure (2)
- Economics (2)
- Education Law (2)
- Environmental Law (2)
- Estates and Trusts (2)
- Insurance Law (2)
- Jurisprudence (2)
- Labor and Employment Law (2)
- Law and Gender (2)
- Legal History (2)
- Legal Studies (2)
- Nonprofit Organizations Law (2)
- Institution
- Keyword
-
- Courts (3)
- Intellectual property (3)
- Legal history (3)
- Patent law (3)
- Asylum (2)
-
- Comparative law (2)
- Constitutional law (2)
- Copyright (2)
- Corporate law (2)
- Criminal law (2)
- ERISA (2)
- Equity (2)
- Jean Hortense Norris (2)
- Judges (2)
- Masculinities (2)
- New York City (2)
- Prior art (2)
- Statutory interpretation (2)
- Trademark (2)
- Women's and Domestic Relations Courts (2)
- 15th Amendment (1)
- 19th Amendment (1)
- 9/11 (1)
- Administrative law (1)
- Adultification of kids (1)
- Affordable Care Act (1)
- Alimony (1)
- Anti-globalization (1)
- Appointments (1)
- Article III courts (1)
Articles 61 - 74 of 74
Full-Text Articles in Law
Multi-Partner Fertility In A Disadvantaged Population: Results And Policy Implications Of An Empirical Investigation Of Paternity Actions In St. Joseph County, Indiana, Margaret Brinig, Marsha Garrison
Multi-Partner Fertility In A Disadvantaged Population: Results And Policy Implications Of An Empirical Investigation Of Paternity Actions In St. Joseph County, Indiana, Margaret Brinig, Marsha Garrison
Journal Articles
In this paper, we report data on multi-partner fertility (MPF) in a population of children and parents for whom paternity actions were brought, in 2008 or 2010, in St. Joseph County, Indiana. The computerized, court-based record system we utilized enabled us to collect information on parental characteristics and child outcomes that other MPF researchers have been unable to access. Our research thus offers a unique, data-rich window into an important, and growing, aspect of contemporary family life. It also points the way to needed shifts in family policy and law.
The Promises And Perils Of Using Big Data To Regulate Nonprofits, Lloyd Histoshi Mayer
The Promises And Perils Of Using Big Data To Regulate Nonprofits, Lloyd Histoshi Mayer
Journal Articles
For the optimist, government use of “Big Data” involves the careful collection of information from numerous sources. The government then engages in expert analysis of those data to reveal previously undiscovered patterns. Discovering patterns revolutionizes the regulation of criminal behavior, education, health care, and many other areas. For the pessimist, government use of Big Data involves the haphazard seizure of information to generate massive databases. Those databases render privacy an illusion and result in arbitrary and discriminatory computer-generated decisions. The reality is, of course, more complicated. On one hand, government use of Big Data may lead to greater efficiency, effectiveness, …
The Case Of The Shropshire Piano Treasure, Geoffrey Bennett
The Case Of The Shropshire Piano Treasure, Geoffrey Bennett
Journal Articles
In the more than twenty years since the Treasure Act 1996 (UK) c 24 came into force, there have been many dramatic discoveries of treasure.' The media frequently reports the results of remarkable finds usually made by metal detectorists in fields and open spaces. A unique, not to say bizarre, example, however, is the discovery of a cache of gold coins found concealed in a piano in Shropshire in 2016.2 It makes the point that the old law of treasure trove still has a twilight existence in circumstances that are prone to recur.
The Compliance Process, Veronica Root Martinez
The Compliance Process, Veronica Root Martinez
Journal Articles
Even as regulators and prosecutors proclaim the importance of effective compliance programs, failures persist. Organizations fail to ensure that they and their agents comply with legal and regulatory requirements, industry practices, and their own internal policies and norms. From the companies that provide our news, to the financial institutions that serve as our bankers, to the corporations that make our cars, compliance programs fail to prevent misconduct each and every day. The causes of these compliance failures are multifaceted and include general enforcement deficiencies, difficulties associated with overseeing compliance programs within complex organizations, and failures to establish a culture of …
Prior Art In The District Court, Stephen Yelderman
Prior Art In The District Court, Stephen Yelderman
Journal Articles
This article is an empirical study of the evidence district courts rely upon when invalidating patents. To construct our dataset, we collected every district court ruling, verdict form, and opinion (whether reported or unreported) invalidating a patent claim over a six-and-a-half-year period. We then coded individual invalidation events based on the prior art supporting the court’s analysis. In the end, we observed 3,320 invalidation events based on 817 distinct prior art references.
The nature of the prior art relied upon to invalidate patents informs the value of district court litigation as an error correction tool. The public interest in revoking …
When Soft Law Meets Hard Politics: Taming The Wild West Of Nonprofit Political Involvement, Lloyd Histoshi Mayer
When Soft Law Meets Hard Politics: Taming The Wild West Of Nonprofit Political Involvement, Lloyd Histoshi Mayer
Journal Articles
Beginning in the 1990s and continuing to today, many of the legal and psychological barriers to nonprofits becoming involved in electoral politics have fallen. At the same time, political divisions have sharpened, causing candidates, political parties, and their supporters to scramble ever more aggressively for any possible edge in winner-take-all political contests. In the face of these developments, many nonprofits have violated the remaining legal rules applicable to their political activity with little fear of negative consequences, especially given vague rules and a paucity of enforcement resources. Such violations include underreporting of political activity in government filings, fly-by-night organizations that …
Nudges That Should Fail?, Avishalom Tor
Nudges That Should Fail?, Avishalom Tor
Journal Articles
Professor Sunstein (2017) discusses possible causes for and policy implications of the failure of nudges, with a special attention to defaults. Though he focuses on nudges that fail when they should succeed, Sunstein recognizes that some failures reveal that a nudge should not have been attempted to begin with. Nudges that fail, however, does not consider fully the relationship between the outcomes of nudging and their likely welfare effects, most notably neglecting the troubling case of nudges that succeed when they should fail. Hence, after clarifying the boundaries of legitimate nudging and noting the fourfold relationship between the efficacy of …
Property And Equity In Trademark Law, Mark Mckenna
Property And Equity In Trademark Law, Mark Mckenna
Journal Articles
This essay, delivered as the Nies Lecture at Marquette Law School, focuses on changes in the doctrinal structure of trademark law over the course of the last century — specifically with respect to the relationship between trademark law’s limits and the broader common law of unfair competition. Changes in that relationship, I will argue, meaningfully increased trademark law's emphasis on property — what the plaintiff owns — and deemphasized legal rules that focused on the defendant’s conduct.
Comparative Analysis Of Innovation Failures And Institutions In Context, Mark Mckenna
Comparative Analysis Of Innovation Failures And Institutions In Context, Mark Mckenna
Journal Articles
Many different legal and non-legal institutions govern and therefore shape knowledge production. It is tempting, given the various types of knowledge, knowledge producers, and systems with and within which knowledge and knowledge producers and users interact, to look for reductionist shortcuts — in general but especially in the context of comparative institutional analysis. The temptation should be resisted for it leads to either what Harold Demsetz called the Nirvana Fallacy or what Elinor Ostrom critiqued as myopic allegories.
We suggest that comparative institutional analysis must be accompanied by comparative failure analysis, by which we mean rigorous and contextual comparative analysis …
Technical Standards Meet Administrative Law: A Teaching Guide On Incorporation By Reference, Emily S. Bremer
Technical Standards Meet Administrative Law: A Teaching Guide On Incorporation By Reference, Emily S. Bremer
Journal Articles
When an agency incorporates by reference, it promulgates a rule that identifies—but does not reprint—material already published elsewhere. The incorporated materials thus become binding law without actually being printed in the agency's regulations. Sometimes the incorporated materials are privately developed technical standards, which are often copyrighted and available only for a fee. This restriction on access undermines transparency and public participation in the rulemaking process. Finding a solution is challenging because the problem is multidimensional, implicating public policy in the areas of administrative law, federal standards law and policy, and copyright.
This teaching guide is part of module that offers …
The Outsized Influence Of The Fcpa?, Veronica Root Martinez
The Outsized Influence Of The Fcpa?, Veronica Root Martinez
Journal Articles
The current power and influence of the Foreign Corrupt Practices Act (“FCPA”) is really quite remarkable when one considers the statute was largely ignored for its first twenty-five years of existence. This statute, meant to reign in corruption by United States companies doing business abroad; has generated billions of dollars in revenue for the United States government; prompted the development of law firm practice groups and law school courses; become the subject of numerous scholarly articles; and has, arguably, made anti-bribery efforts the highest of priorities for multinational corporations engaged in robust compliance efforts. Corporations, scholars, and the public would …
The Decline Of Revocation By Physical Act, Barry Cushman
The Decline Of Revocation By Physical Act, Barry Cushman
Journal Articles
The power to revoke one’s will by physical act was enshrined in Anglo-American law in 1677 by the Statute of Frauds. It remains the law in Great Britain, in such developed Commonwealth countries as Canada, Australia, and New Zealand, and in each of the United States of America. Yet the revocation of wills by physical act has become badly out of phase with the law governing nonprobate transfers, which as a general matter requires that an instrument of transfer be revoked only by a writing signed by the transferor. This article surveys the place of revocation by physical act in …
Book Review, Richard Garnett
Book Review, Richard Garnett
Journal Articles
Richard Garnett reviews Ellis M. West's The Free Exercise of Religion in America: Its Original Constitutional Meaning
This is a review of Professor Ellis M. West's 2019 study of the original meaning of "free exercise of religion."
When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya J. Monestier
When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya J. Monestier
Journal Articles
Many contracts that contain a forum selection clause also contain a choice of law clause. This raises the issue of whether to apply the parties’ chosen law to questions of forum selection clause interpretation, such as whether the clause is mandatory or permissive and how far the scope of the clause extends. The recent trend has been for courts to apply the law selected by the parties in their choice of law clause to govern these interpretation issues. This Article argues that the law has gone in the wrong direction and that courts should apply forum law to questions of …