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Full-Text Articles in Law

Nationalizing Trademarks: A New International Trademark Jurisprudence?, Xuan-Thao Nguyen Jan 2004

Nationalizing Trademarks: A New International Trademark Jurisprudence?, Xuan-Thao Nguyen

Articles

A new international trademark jurisprudence is currently in formation that has negative impact on international trade. Indeed, this new trademark jurisprudence includes the recent phenomenon of states monopolizing the use of generic names through the elevation of such names to trademarks of national stature and the rise of global recognition and registration of geographic indication status for generic names. Professor Nguyen identifies and analyzes the new trademark jurisprudence, and critiques its impact on international trade relations and language propertization. Professor Nguyen proposes a certification mark regime to end the expansion of generic name protection and to promote fair competition.


Hegel’S Theory Of Measure, David G. Carlson Jan 2003

Hegel’S Theory Of Measure, David G. Carlson

Articles

The final segment in Hegel's analysis of "being" is measure - the unity of quality and quantity. At stake in these chapters is the difference between quantitative and qualitative change. A being or thing is indifferent to quantitative change, which comes from the outside. For instance, a legislature can increase the stringency of zoning regulations, and yet the legislation is still constitutional "zoning." But there comes a point at which quantitative change effects a qualitative change - zoning becomes an uncompensated "taking" of property. This paper analyzes how Hegel, in the "Science of Logic," derives measure from the categories of …


Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld Jan 2003

Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld

Articles

The United States protects much hate speech that is banned in other Western constitutional democracies and under international human rights covenants and conventions. In the United States, only hate speech that leads to "incitement to violence" can be constitutionally restricted, while under the alternative approach found elsewhere, bans properly extend to hate speech leading to "incitement to hatred." The article undertakes a comparative analysis in light of changes brought by new technologies, such as the internet, which allow for worldwide spread of protected hate speech originating in the United States. After evaluating the respective doctrines, arguments and values involved, the …


The Traumatic Dimension In Law, David G. Carlson Jan 2003

The Traumatic Dimension In Law, David G. Carlson

Articles

This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you failed to conform to …


Politicizing The Crime Against Humanity: The French Example, Vivian Grosswald Curran Jan 2003

Politicizing The Crime Against Humanity: The French Example, Vivian Grosswald Curran

Articles

The advantages of world adherence to universally acceptable standards of law and fundamental rights seemed apparent after the Second World War, as they had after the First. Their appeal seems ever greater and their advocates ever more persuasive today. The history of law provides evidence that caution may be in order, however, and that the human propensity to ignore what transpires under the surface of law threatens to dull and silence the ongoing self-examination and self-criticism required in perpetuity by the law if it is to be correlated with justice.

This Essay presents one side, the dark side, of the …


Cyberproperty And Judicial Dissonance: The Trouble With Domain Name Classification, Xuan-Thao Nguyen Jan 2002

Cyberproperty And Judicial Dissonance: The Trouble With Domain Name Classification, Xuan-Thao Nguyen

Articles

The nature of cyberspace continues to be woven into the fabric of our daily existence. Not surprisingly, cyberspace and the expansion of e-commerce pose challenges to existing law, particularly the legal definition of cyberproperty domain names. The nature of cyberspace allows many e-companies to possess no traditional assets such as buildings and inventories. Some e-companies own few computers, often using service providers to maintain their web sites. In the virtual space that e-companies inhabit, the primary assets that e-companies own are intangibles such as domain names, customer information, and intellectual property that includes business method patents, copyrights, and trademarks.

Domain …


Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich Jan 2000

Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich

Articles

It is my view, and here, no doubt, I am pre-empting my conclusion, that what literary and feminist historicism recognizes as the querelle des femmes, the debate as to the status and political role of women, is in fact underpinned and motivated by a much less explicit, yet nonetheless portentous, querelle des lois. The querelle des femmes, in other words, was always a polemic as to the legal status of women, as to their definition and role in theology and jurisprudence, canon and civil law. More than that, however, what the recovery of amatory jurisprudence can help to show is …


Rethinking The Penalty Phase, Kyron Huigens Jan 2000

Rethinking The Penalty Phase, Kyron Huigens

Articles

This article argues that the chaos of the US Supreme Court’s death penalty jurisprudence can be sorted with the use of a single point of clarification. That jurisprudence uses the term “culpability” – and similar terms, such as desert, responsibility, and blameworthiness – without regard to a critical ambiguity. We use “culpability” to refer to fault in wrongdoing, as reflected in “culpability elements” such as purpose or recklessness. We also use culpability to refer to eligibility for punishment, which is at issue in the defenses of insanity or minority. Death sentencing is structured around aggravating and mitigating factors, but aggravation …


Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Jan 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Articles

No abstract provided.


Habermas And The Postal Rule, Peter Goodrich Jan 1996

Habermas And The Postal Rule, Peter Goodrich

Articles

No abstract provided.


Law And Order, Arthur J. Jacobson Jan 1996

Law And Order, Arthur J. Jacobson

Articles

No abstract provided.


It’S A Positivist, It’S A Pragmatist, It’S A Codifier! Reflections On Nietzsche And Stendhal, Richard H. Weisberg Jan 1996

It’S A Positivist, It’S A Pragmatist, It’S A Codifier! Reflections On Nietzsche And Stendhal, Richard H. Weisberg

Articles

No abstract provided.


Pragmatism, Pluralism, And Legal Interpretation: Posner's And Rorty's Justice Without Metaphysics Meets Hate Speech, Michel Rosenfeld Jan 1996

Pragmatism, Pluralism, And Legal Interpretation: Posner's And Rorty's Justice Without Metaphysics Meets Hate Speech, Michel Rosenfeld

Articles

No abstract provided.


Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich Jan 1995

Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich

Articles

No abstract provided.


The Legality Of Humanitarian Intervention, Malvina Halberstam Jan 1995

The Legality Of Humanitarian Intervention, Malvina Halberstam

Articles

No abstract provided.


Tripartite Voidable Preferences, David G. Carlson Jan 1995

Tripartite Voidable Preferences, David G. Carlson

Articles

This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you failed to conform to …


Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer Jan 1994

Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer

Articles

No abstract provided.


Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich Jan 1994

Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich

Articles

No abstract provided.


Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson Jan 1993

Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson

Articles

No abstract provided.


Judaism And Postmodernism, Suzanne Last Stone Jan 1993

Judaism And Postmodernism, Suzanne Last Stone

Articles

No abstract provided.


Autopoiesis And Justice, Michel Rosenfeld Jan 1992

Autopoiesis And Justice, Michel Rosenfeld

Articles

No abstract provided.


The Idea Of A Legal Unconscious, Arthur J. Jacobson Jan 1992

The Idea Of A Legal Unconscious, Arthur J. Jacobson

Articles

No abstract provided.


Autopoiesis And Positivism, Richard H. Weisberg Jan 1992

Autopoiesis And Positivism, Richard H. Weisberg

Articles

No abstract provided.


Timeless Rules: Can Normative Closure And Legal Indetermincy Be Reconciled?, Charles M. Yablon Jan 1992

Timeless Rules: Can Normative Closure And Legal Indetermincy Be Reconciled?, Charles M. Yablon

Articles

No abstract provided.


Suicide And Justice, Arthur J. Jacobson Jan 1991

Suicide And Justice, Arthur J. Jacobson

Articles

No abstract provided.


Sinaitic And Noahide Law: Legal Pluralism In Jewish Law, Suzanne Last Stone Jan 1991

Sinaitic And Noahide Law: Legal Pluralism In Jewish Law, Suzanne Last Stone

Articles

No abstract provided.


Derrida, Law, Violence And The Paradox Of Justice, Michel Rosenfeld Jan 1991

Derrida, Law, Violence And The Paradox Of Justice, Michel Rosenfeld

Articles

No abstract provided.


Foreword, David Rudenstine Jan 1991

Foreword, David Rudenstine

Articles

No abstract provided.


Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder Jan 1990

Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder

Articles

No abstract provided.


Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon Jan 1990

Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon

Articles

No abstract provided.