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Full-Text Articles in Law

Innovation And Creativity In The Fine Arts: The Relevance And Irrelevance Of Copyright, Daniel J. Gifford Jan 2000

Innovation And Creativity In The Fine Arts: The Relevance And Irrelevance Of Copyright, Daniel J. Gifford

Articles

How have social institutions, customs, and intellectual property laws affected creative activity in the fine arts? This article examines the many relationships between the fine arts and their social and legal environment. For the purposes of this paper, the fine arts embrace painting, sculpture, and (classical) musical composition. As will be shown below, in the arena of the fine arts, the respective roles of subjective factors - factors internal to the artists themselves - and external influences upon them from the larger society have changed dramatically over the last one hundred years. These changes have expanded the role of the subjective. Consequently ...


The Sounds Of Silence: The Libertarian Ethos Of Erisa Preemption, Stephen F. Befort, Christopher J. Kopka Jan 2000

The Sounds Of Silence: The Libertarian Ethos Of Erisa Preemption, Stephen F. Befort, Christopher J. Kopka

Articles

In the Winter of 1996, the Harvard Journal on Legislation published an article entitled in part, The Last Article About the Language of ERISA Preemption?' Absent the question mark, one might have thought it a bold (and hopefully accurate) statement. Yet, as the question mark suggests, no scholar has been able to provide the definitive answer regarding the scope of ERISA preemption.


Unlocking The Mysteries Of Holy Trinity: Spirit, Letter, And History In Statutory Interpretation, Carol Chomsky Jan 2000

Unlocking The Mysteries Of Holy Trinity: Spirit, Letter, And History In Statutory Interpretation, Carol Chomsky

Articles

In 1892, the Supreme Court construed the Alien Contract Labor Act of 1885, which barred importation of “any alien” under contract to perform “labor or service of any kind,” as not prohibiting a New York church from hiring a British pastor to occupy its vacant pulpit. “[A] thing may be within the letter of the statute and yet not within the statute because not within its spirit, nor within the intention of its makers,” wrote Justice David Brewer in Holy Trinity Church v. United States. Brewer's opinion is a touchstone for those seeking to overcome plain statutory language, but ...


A Statutory Model For Corporate Constituency Concerns, Edward S. Adams, John H. Matheson Jan 2000

A Statutory Model For Corporate Constituency Concerns, Edward S. Adams, John H. Matheson

Articles

The modern corporation by its nature creates interdependencies with a variety of groups with whom the corporation has a legitimate concern, such as employees, customers, suppliers, and members of the communities in which the corporation operates. Corporate governance involves a system of contractual and fiduciary duties that influence directors and officers to make decisions consistent with defined obligations. This system requires that directors consider shareholders' interests first and foremost in making corporate decisions because the share-holders are the, "owners," of the corporation. Over the past several decades, a number of states have implemented this policy by enacting constituency statutes. These ...


A Market-Based Solution To The Judicial Clerkship Selection Process, Edward S. Adams Jan 2000

A Market-Based Solution To The Judicial Clerkship Selection Process, Edward S. Adams

Articles

For many years, federal judges and others have labored to reform judicial clerkship hiring so judges might conduct a dignified, collegial, and efficient selection process. To date, however, these reform efforts have had little success. This Article endeavors to forge a solution to the problems endemic to the current judicial clerkship hiring process: lack of collegiality, cut-throat hiring methods, lack of efficiency, and hiring based on inadequate information about candidates. Part I of this Article explores the historical problems in the clerkship hiring process, reviews previously attempted but failed efforts at reform, and identifies problems with such approaches. Part II ...


Not "If" But "How": Reflecting On The Aba Commission's Recommendations On Multidisciplinary Practice, John H. Matheson, Edward S. Adams Jan 2000

Not "If" But "How": Reflecting On The Aba Commission's Recommendations On Multidisciplinary Practice, John H. Matheson, Edward S. Adams

Articles

Multidisciplinary practice (MDP) has been aptly described as the, "most important issue facing the legal profession today." The American Bar Association's Commission on Multidisciplinary Practice (Commission) surprised most observers on June 8, 1999 by recommending that the American Bar Association (ABA) amend the Model Rules of Professional Conduct (Model Rules) to allow lawyers to combine with, and share fees with, other professionals within a single professional entity. Under the proposal, lawyers could create partnerships with accountants, developers, engineers, bankers, and all other professionals, thereby giving clients access to one-stop shopping at multidisciplinary firms.


Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky Jan 2000

Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky

Articles

One of Congress's principal motivations for enacting the Americans with Disabilities Act (ADA) 1 was to help disabled individuals enter into and remain in the American workplace. In the ADA's "findings and purposes" section, Congress stated that "the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals." 2 The legislative history is filled with the statements of senators and representatives supporting the Act as a vehicle for bringing individuals with disabilities "into the economic and social mainstream of American life." 3 Legislators viewed ...


A Review Of The 51st Session Of The United Nations Sub-Commission On Promotion And Protection Of Human Rights, David Weissbrodt, Mayra Gomez, Bret Thiele Jan 2000

A Review Of The 51st Session Of The United Nations Sub-Commission On Promotion And Protection Of Human Rights, David Weissbrodt, Mayra Gomez, Bret Thiele

Articles

The United Nations Sub-Commission on the Promotion and Protection of Human Rights (Sub-Commission)' met at the European Headquarters of the UN in Geneva, Switzerland, from 2 August through 27 August 1999 for its fifty-first session. The Sub-Commission is a subsidiary body of the Commission on Human Rights (Commission).


Pride And Prejudice: A Study Of Connections, Mary Louise Fellows Jan 2000

Pride And Prejudice: A Study Of Connections, Mary Louise Fellows

Articles

Although customs surrounding attribution require that only I be named as author of this Article, that fact obscures other truths about this Article. 1 One way for readers to appreciate this Article as reflecting group activity at the same time it reflects my own individual effort is the literary allusion in the title to Jane Austen and her work. I feel a particular connection to Jane Austen because she seems neither to have enjoyed nor sought the solitary life many of us imagine novelists live. When Austen finds herself, after ten years of having written virtually nothing, back in a ...


An Analysis Of The Fifty-First Session Of The United Nations Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Mayra Gomez, Bret Thiele Jan 2000

An Analysis Of The Fifty-First Session Of The United Nations Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Mayra Gomez, Bret Thiele

Articles

The United Nations Sub-Commission on the Promotion and Protection of Human Rights (Sub-Commission), 2 formerly the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, met at the European Headquarters of the United Nations in Geneva, Switzerland, from 2 August through 27 August 1999 for its fifty-first session. 3 The Sub-Commission is a subsidiary body of the Commission on Human Rights [End Page 788] (Commission). It is composed of twenty-six members who are nominated by their respective governments and elected to four-year terms by the Commission. Under the principle of geographic distribution, the Sub-Commission has seven members from Africa ...


On Balance: Religious Liberty And Third-Party Harms, Jonathan C. Lipson Jan 2000

On Balance: Religious Liberty And Third-Party Harms, Jonathan C. Lipson

Minnesota Law Review

No abstract provided.


German Mdps: Lessons To Learn, Laurel S. Terry Jan 2000

German Mdps: Lessons To Learn, Laurel S. Terry

Minnesota Law Review

No abstract provided.


Accountants, The Hawks Of The Professional World: They Foul Our Nest And Theirs Too, Plus Other Ruminations On The Issue Of Mdps, Lawrence J. Fox Jan 2000

Accountants, The Hawks Of The Professional World: They Foul Our Nest And Theirs Too, Plus Other Ruminations On The Issue Of Mdps, Lawrence J. Fox

Minnesota Law Review

No abstract provided.


Balancing Private Property Rights With Public Interests: Compensating Landowners For The Use Of Railroad Corridors For Fiber-Optic Technology, Jill K. Pearson Jan 2000

Balancing Private Property Rights With Public Interests: Compensating Landowners For The Use Of Railroad Corridors For Fiber-Optic Technology, Jill K. Pearson

Minnesota Law Review

No abstract provided.


Confronting Civil Discovery's Fatal Flaws, John S. Beckerman Jan 2000

Confronting Civil Discovery's Fatal Flaws, John S. Beckerman

Minnesota Law Review

No abstract provided.


Not If But How: Reflecting On The Aba Commission's Recommendations On Multidisciplinary Practice, John H. Matheson, Edward S. Adams Jan 2000

Not If But How: Reflecting On The Aba Commission's Recommendations On Multidisciplinary Practice, John H. Matheson, Edward S. Adams

Minnesota Law Review

No abstract provided.


Preserving The Potential For Politics Online: The Internet's Challenge To Federal Election Law, Ryan P. Winkler Jan 2000

Preserving The Potential For Politics Online: The Internet's Challenge To Federal Election Law, Ryan P. Winkler

Minnesota Law Review

No abstract provided.


Multidisciplinary Practice, Professional Regulation, And The Anti-Interference Principle In Legal Ethics, Ted Schneyer Jan 2000

Multidisciplinary Practice, Professional Regulation, And The Anti-Interference Principle In Legal Ethics, Ted Schneyer

Minnesota Law Review

No abstract provided.


The Supreme Court In A Postmodern World: A Flying Elephant, Stephen M. Feldman Jan 2000

The Supreme Court In A Postmodern World: A Flying Elephant, Stephen M. Feldman

Minnesota Law Review

No abstract provided.


Actions Speak Louder Than Thoughts: The Constitutionally Questionable Reach Of The Minnesota Cle Elminatoin Of Bias Requirement, Kari M. Dahlin Jan 2000

Actions Speak Louder Than Thoughts: The Constitutionally Questionable Reach Of The Minnesota Cle Elminatoin Of Bias Requirement, Kari M. Dahlin

Minnesota Law Review

No abstract provided.


Free Speech To A Machine--Encryption Software Source Code Is Not Constitutionally Protected Speech Under The First Amendment, Katherine A. Moerke Jan 2000

Free Speech To A Machine--Encryption Software Source Code Is Not Constitutionally Protected Speech Under The First Amendment, Katherine A. Moerke

Minnesota Law Review

No abstract provided.


U.S.-Canadian Grain Disputes, Won W. Koo, Ihn H. Uhm Jan 2000

U.S.-Canadian Grain Disputes, Won W. Koo, Ihn H. Uhm

Minnesota Journal of International Law

No abstract provided.


Slicing The Rent-Seeking Onion: Why Differential Rent-Seeking Explains The Competitive Disadvantage Of United States Sports Franchises In Canada, Ethan Glass Jan 2000

Slicing The Rent-Seeking Onion: Why Differential Rent-Seeking Explains The Competitive Disadvantage Of United States Sports Franchises In Canada, Ethan Glass

Minnesota Journal of International Law

No abstract provided.


Globalization And Its Metaphors, John Miller Jan 2000

Globalization And Its Metaphors, John Miller

Minnesota Journal of International Law

No abstract provided.


Exported To Death: The Failture Of Agricultural Deregulation, Robert Scott Jan 2000

Exported To Death: The Failture Of Agricultural Deregulation, Robert Scott

Minnesota Journal of International Law

No abstract provided.


Tortious Interference With Business Relations: The Other White Meat Of Employment Law, Alex B. Long Jan 2000

Tortious Interference With Business Relations: The Other White Meat Of Employment Law, Alex B. Long

Minnesota Law Review

No abstract provided.


Disciplinary Restrictions On Multidisciplinary Practice: Their Derivation, Their Development, And Some Implications For The Core Values Debate, Bruce A. Green Jan 2000

Disciplinary Restrictions On Multidisciplinary Practice: Their Derivation, Their Development, And Some Implications For The Core Values Debate, Bruce A. Green

Minnesota Law Review

No abstract provided.


Flight From The Center: Is It Just Or Just About Money, Burnele V. Powell Jan 2000

Flight From The Center: Is It Just Or Just About Money, Burnele V. Powell

Minnesota Law Review

No abstract provided.


Taxation Of Global E-Commerce On The Internet: The Underlying Issues And Proposed Plans, Clayton W. Chan Jan 2000

Taxation Of Global E-Commerce On The Internet: The Underlying Issues And Proposed Plans, Clayton W. Chan

Minnesota Journal of International Law

No abstract provided.


Trade And Cattle: How The System Is Failing An Industry In Crisis, Terence P. Stewart, James R. Cannon Jr., Eric P. Salonen, Dennis R. Nuxoll Jan 2000

Trade And Cattle: How The System Is Failing An Industry In Crisis, Terence P. Stewart, James R. Cannon Jr., Eric P. Salonen, Dennis R. Nuxoll

Minnesota Journal of International Law

No abstract provided.