Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (14162)
- Criminal Law (11635)
- Social and Behavioral Sciences (10551)
- Constitutional Law (9024)
- Legal Studies (6929)
-
- Sociology (6794)
- Criminology and Criminal Justice (6514)
- Criminology (6437)
- Environmental Law (6316)
- Intellectual Property Law (6261)
- Comparative and Foreign Law (4588)
- Civil Rights and Discrimination (4150)
- Health Law and Policy (4051)
- Courts (3485)
- Human Rights Law (3470)
- Labor and Employment Law (3326)
- Entertainment, Arts, and Sports Law (3290)
- Legislation (3106)
- Business Organizations Law (2931)
- Torts (2758)
- Criminal Procedure (2705)
- First Amendment (2665)
- State and Local Government Law (2653)
- Administrative Law (2643)
- Science and Technology Law (2635)
- Commercial Law (2445)
- Family Law (2443)
- Dispute Resolution and Arbitration (2324)
- Banking and Finance Law (2255)
- Institution
-
- University of Pennsylvania Law School (10946)
- Duke Law (9048)
- Fordham Law School (8995)
- Northwestern Pritzker School of Law (7792)
- Case Western Reserve University School of Law (7024)
-
- University of North Carolina School of Law (7006)
- Washington University in St. Louis (6276)
- Maurer School of Law: Indiana University (5972)
- Louisiana State University Law Center (5531)
- Marquette University Law School (5394)
- Boston College Law School (5391)
- University of Missouri School of Law (4926)
- American University Washington College of Law (4720)
- College of William & Mary Law School (4285)
- University of California, Hastings College of the Law (4241)
- Cornell University Law School (4214)
- Washington and Lee University School of Law (4066)
- Chicago-Kent College of Law (3694)
- Notre Dame Law School (3327)
- Yale Law School (3313)
- Loyola University Chicago, School of Law (3262)
- Loyola Marymount University and Loyola Law School (3229)
- University of Maryland Francis King Carey School of Law (3182)
- Villanova University Charles Widger School of Law (3163)
- University of Michigan Law School (3015)
- John Marshall Law School (2966)
- Brigham Young University Law School (2931)
- Cleveland State University (2716)
- University of Richmond (2643)
- University of Baltimore Law (2605)
- Keyword
-
- United States (1288)
- Constitutional law (1013)
- International Law (1008)
- Law (985)
- International law (848)
-
- Analysis (804)
- Evidence (798)
- Louisiana (781)
- Human rights (769)
- Discrimination (757)
- Copyright (747)
- First Amendment (709)
- Peach Sheet (706)
- Supreme Court (688)
- Constitutional Law (657)
- Constitution (642)
- Ethics (642)
- Jurisdiction (619)
- Intellectual property (609)
- Contracts (593)
- Freedom of speech (592)
- Civil rights (591)
- Internet (590)
- Regulation (586)
- Criminal law (576)
- Torts (547)
- Privacy (528)
- History (528)
- Legal ethics (524)
- United States Supreme Court (522)
- Publication Year
- Publication
-
- University of Pennsylvania Law Review (8282)
- Journal of Criminal Law and Criminology (6549)
- North Carolina Law Review (5619)
- Louisiana Law Review (5186)
- Indiana Law Journal (4572)
-
- Fordham Law Review (4415)
- Washington University Law Review (4222)
- Marquette Law Review (4087)
- Law and Contemporary Problems (3860)
- Case Western Reserve Law Review (3565)
- Missouri Law Review (3296)
- Chicago-Kent Law Review (3139)
- Washington and Lee Law Review (3002)
- Notre Dame Law Review (2999)
- Duke Law Journal (2941)
- Cornell Law Review (2827)
- Hastings Law Journal (2750)
- Boston College Law Review (2557)
- Villanova Law Review (2370)
- Cleveland State Law Review (2298)
- William & Mary Law Review (2266)
- Tulsa Law Review (2059)
- BYU Law Review (1999)
- Maryland Law Review (1912)
- Loyola of Los Angeles Law Review (1901)
- Georgia State University Law Review (1802)
- Santa Clara Law Review (1732)
- The John Marshall Law Review (1709)
- Fordham Urban Law Journal (1637)
- Fordham International Law Journal (1556)
- File Type
Articles 1 - 30 of 195927
Full-Text Articles in Law
Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ
University of Miami Inter-American Law Review
No abstract provided.
Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines
Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines
Montana Law Review
Teschner v. Commissioner
Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter
Natural Resources Journal
No abstract provided.
Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos
Michigan Journal of Gender and Law
Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain ...
Editor's Note, Erica Seig
Editor's Note, Erica Seig
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Out Of The “Serbonian Bog”1 Surrounding Government Acquisition Of Third-Party Cell Site Location Information: “Get A Warrant” †, Glenn Williams
Out Of The “Serbonian Bog”1 Surrounding Government Acquisition Of Third-Party Cell Site Location Information: “Get A Warrant” †, Glenn Williams
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Land Of The Free?: The Allow Act And Economic Liberty From Occupational Licensing, Erica Sieg
The Land Of The Free?: The Allow Act And Economic Liberty From Occupational Licensing, Erica Sieg
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells
The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells
Journal of Dispute Resolution
This Symposium addresses our continuing issues with campus speech conflicts. It aims to help us recognize that speech conflicts are not abstract disputes between ideas – Justice Holmes’s famous rhetoric notwithstanding. Rather our words and ideas represent underlying conflicts between very real people and groups. The speech we use may cause, exacerbate, or resolve conflicts. Sometimes the Supreme Court’s free speech doctrine can aid our understanding and resolution of these conflicts. Other times it cannot. Regardless, simply relying on a First Amendment frame – i.e., claiming that it is one’s right to express oneself in a par-ticular way ...
Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff
Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff
Journal of Dispute Resolution
By their very charge, institutions of higher education are intended to serve as venues for exploring personal ideologies, promoting intellectual curiosity, and en-couraging vigorous debate about contested issues. However, when an institution and its core values come into direct conflict with viewpoints that are fundamentally inconsistent with those values, the dissonance created by the clash of perspectives can be profound. Fundamental differences in perspective on highly charged issues and topics have become recurring themes for universities in the United States. From campus speakers, to speaker protests, to demonstrations in support of free speech and a range of other inclusion and ...
Generating A Dissolution Process At The University Of Missouri: A Student Perspective, Evonnia S. Woods
Generating A Dissolution Process At The University Of Missouri: A Student Perspective, Evonnia S. Woods
Journal of Dispute Resolution
Although student protests and campus politics during the Fall of 2015 on the University of Missouri’s flagship campus were far more complex than depicted in the media, the point remains that student protests revealed many shortcomings of the University. One of these shortcomings was the lack of a policy-driven dissolution process which, amongst other things, resulted in national critique of how student protests and student demands were handled.
Free Speech Conflict: What We Learned At Middlebury College, Baishakhi Taylor
Free Speech Conflict: What We Learned At Middlebury College, Baishakhi Taylor
Journal of Dispute Resolution
On February 16, Middlebury’s President, Dr. Laurie L. Patton, received an invitation from a student group called the American Enterprise Institute Club (AEI) to give opening remarks at a lecture by a speaker they had invited to campus. The Club was Middlebury’s student chapter of the AEI,8 a conservative think-tank based in Washington, D.C., which has student clubs all across the coun-try. The speaker was Dr. Charles Murray, an American political scientist who is now an AEI emeritus scholar. This was not Dr. Murray’s first visit to the College. He had previously visited the campus ...
Beyond The Narratives: How Free Speech In Higher Education Is Truly Restricted, Azhar Majeed
Beyond The Narratives: How Free Speech In Higher Education Is Truly Restricted, Azhar Majeed
Journal of Dispute Resolution
Over the past year, much of the national conversation surrounding freedom of speech on college campuses has focused on controversial speakers, including those invited by students or student groups as well as those appearing on campus without an invitation. The debate continues to rage on as to whether university communities should allow allegedly offensive speakers to come to campus and spew their hateful views; whether universities have an obligation to foot the bill for the security they deem necessary to host such an event; and whether disruptions of speaker events are indicative of decreased tolerance on the part of today ...
Our Obligation: Protecting Free Speech And Fostering Inclusive Environments, Patricia Telles-Irvin
Our Obligation: Protecting Free Speech And Fostering Inclusive Environments, Patricia Telles-Irvin
Journal of Dispute Resolution
There is much discussion and debate these days on college campuses on how to protect freedom of expression while, at the same time, cultivate an inclusive en-vironment that promotes learning for all members of the community. While it is clear that freedom of expression is fundamental to the mission of an institution of higher education, creating an inclusive community can be challenging when toxic speech, under the protection of the First Amendment, aims only to demean and marginalize groups of individuals with no true redeeming value to advance knowledge. If our core mission is to educate by allowing the expression ...
Framing Campus Free Expression Conflict Through A Dispute Resolution Optic: Insights For Campus Leaders, Robert H. Jerry Ii
Framing Campus Free Expression Conflict Through A Dispute Resolution Optic: Insights For Campus Leaders, Robert H. Jerry Ii
Journal of Dispute Resolution
This Essay, with campus leaders as its intended audience (i.e., presidents, chancellors, provosts, deans, department chairs, and faculty, staff, and student governance leaders), maintains that acquaintance with constructs familiar to dispute resolution scholars and practitioners can deepen understanding of free expression conflict on college campuses, increase self-awareness and enhance leaders’ ability to act consciously and purposively in response to conflict, and help equip campus leaders with useful tools for managing conflict when it arises. This Essay will stress framing, but many constructs in the dispute resolution field illuminate the techniques and skills campus leaders need if they are to ...
“It All Started With A Mouse”: Resolving International Trademark Disputes Using Arbitration, Ashlyn Calhoun
“It All Started With A Mouse”: Resolving International Trademark Disputes Using Arbitration, Ashlyn Calhoun
Journal of Dispute Resolution
This Comment will address how arbitration can resolve international trademark disputes by examining the nature of both international disputes and trademark disputes. In order to do so, Part II will discuss the nature of domestic and international trademark disputes. Part III will examine the benefits of using arbitration in place of litigation. Finally, Part IV will evaluate the use of arbitration to resolve trademark disputes.
The Jury Is Out: Mandating Pre-Treatment Arbitration Clauses In Patient Intake Contracts, Sarah Sachs
The Jury Is Out: Mandating Pre-Treatment Arbitration Clauses In Patient Intake Contracts, Sarah Sachs
Journal of Dispute Resolution
This Comment advocates against the use of mandatory arbitration clauses in healthcare providers’ patient intake contracts and discusses the interplay between federal and state statutes that create disparities in enforceability and unenforceability of mandatory arbitration clauses in state courts. Part II discusses the history of mandatory arbitration and its development in healthcare providers’ patient intake contracts. Part III examines state statutory limitations on pre-treatment arbitration clauses. Finally, Part IV addresses how courts analyze these agreements and possible approaches to avoid mandatory arbitration arising in healthcare providers’ patient intake contracts.
The Centrality Of Ongoing Relationships, Jacob Appelsmith
The Centrality Of Ongoing Relationships, Jacob Appelsmith
Journal of Dispute Resolution
Should anyone feel positive after a day of discussing the First Amendment in the context of threats to American universities and colleges from Nazis, white su-premacists, anarchists, and others using the campus as the staging ground for disruption and violence? Yes, because it was clear from the Center for the Study of Dispute Resolution’s (“CSDR”) Symposium, at the University of Missouri School of Law, that the evolution in thought over the past year on how institutions of higher education should handle these challenges is truly remarkable. The speakers as a body demonstrated that if an institution is thoughtful in ...
Four Questions About Free Speech And Campus Conflict, Jennifer Gerarda Brown
Four Questions About Free Speech And Campus Conflict, Jennifer Gerarda Brown
Journal of Dispute Resolution
Rather than presenting theories or truths about free speech and campus conflict, this Essay instead offers four questions—derived from lessons I have learned as a teacher, scholar, and practitioner of dispute resolution—that might shed some light on best practices in campus free speech disputes. These are considerations one might want to take into account before deciding who may speak, what they may say, and how those questions ought to be answered in any given situation. The four questions are these: What is the context for this dispute? Do the parties have an ongoing relationship? Is it fair to ...
The Modern Arbitration Frankenstein: The Rise And Fall Of The Consumer Financial Protection Bureau’S Arbitration Rule, Nick Leyh
Journal of Dispute Resolution
This Comment will analyze the CFPB’s proposed rule prohibiting companies from including a ban on class actions within their arbitration provisions. The CFPB’s proposed rule5 has created a political firestorm, resulting in strong opposition to the ban on class action waivers amongst both House and Senate legislators. Further, the current proposed rule has already been rejected by the House, utilizing the Congressional Review Act, an act passed in 1996 that allows the legislature to “fast-track” votes on legislation with only a simple majority from both houses of Congress, to enable a vote. The debate that surrounded the rule ...
“Hardly Be Said To Offer An Education At All”: Endrew And Its Impact On Special Education Mediation, Grant Simon
“Hardly Be Said To Offer An Education At All”: Endrew And Its Impact On Special Education Mediation, Grant Simon
Journal of Dispute Resolution
As the standards for special education students in America rise, the need to handle the resulting disputes arises as well. Special education disputes are a common yet emotional process for all parties involved. Such disputes can result in a split between the family and the school district- a split that can potentially leave negative consequences on the student. In 1975, Congress, realizing the personal nature and prevalence of special education issues, passed what would become the Individuals with Disabilities Education Act (IDEA). The IDEA offers states federal funds to assist in educating children with disabilities. This Act also authorizes the ...
Private Universities And The First Amendment, Ben Trachtenberg
Private Universities And The First Amendment, Ben Trachtenberg
Journal of Dispute Resolution
This Article questions whether private colleges and universities should act as though the First Amendment applies to them in the same way it constrains the policy of public colleges and universities. Specifically, the Article examines the common suggestion—by laypersons, lawyers, and scholars alike—that private universities ought to tolerate offensive, hateful, bigoted speech because the values animating First Amendment jurisprudence are similar to those guiding the decisions of good universities committed to free inquiry and the open exchange of ideas. It then notes that this suggestion, while commonly made, is rarely defended with much rigor or vigor. The Article ...
De-Segregating Attire: How Appearance Has Guided History, Greeny V. Valbuena
De-Segregating Attire: How Appearance Has Guided History, Greeny V. Valbuena
DePaul Journal of Women, Gender and the Law
No abstract provided.
The Unequal Battlefield: How The Transgender Ban Would Affect One-Percent Of The Armed Forces, Jennifer M. Garcia
The Unequal Battlefield: How The Transgender Ban Would Affect One-Percent Of The Armed Forces, Jennifer M. Garcia
DePaul Journal of Women, Gender and the Law
No abstract provided.
One Text, Another Rendering Now: In The Wake Of Hively V. Ivy Tech Cmty. Coll. Of Ind., The Continuing Struggle To Define Sex Discrimination Under Title Vii, Kaitlyn Krall
DePaul Journal of Women, Gender and the Law
No abstract provided.
The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast
The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast
DePaul Journal of Women, Gender and the Law
No abstract provided.
The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran
The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran
Journal of Contemporary Archival Studies
This article is primarily a case study of the Nuremberg Trials Project at the Harvard Law School Library in Cambridge, Massachusetts. It begins with an historical note about the war crimes trials and their documentary record, including the fate of the several tons of trial documents that were distributed in 1949. The second part of the article is a description of the Harvard Law School Nuremberg project, including its history, goals, logistical considerations, digitization process and challenges, and resulting impact. The structure and function of the project website is described, followed by a description of a typical user experience, the ...
Suppression Of Free Tweets: How Packingham Impacts The New Era Of Government Social Media And The First Amendment, Elise Berry
Suppression Of Free Tweets: How Packingham Impacts The New Era Of Government Social Media And The First Amendment, Elise Berry
ConLawNOW
As social media popularity grows, so too does the constitutional conflicts between the First Amendment’s public forum doctrine and a public official’s social media. More and more claims of viewpoint discrimination are arising from the district courts, stemming from a public official’s use of his or her social media to delete comments or ban users from their official social media pages. Similarly, President Donald Trump’s use of his Twitter has also instigated a law suit against him for viewpoint discrimination under the public forum doctrine. While the Supreme Court has been silent on the issue, its ...