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Full-Text Articles in Law

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles Oct 2003

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles

Articles

No abstract provided.


Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes Oct 2003

Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes

Articles

No abstract provided.


The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson Oct 2003

The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson

Articles

No abstract provided.


Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky Apr 2003

Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky

Articles

The failure of the 107th Congress to pass a "Patients' Bill of Rights" (PBR) is widely considered a major disappointment, to be remedied in the 108th Congress by the adoption of such legislation. Indeed, federal PBR proposals have achieved the proverbial motherhood-and-apple-pie status; it is virtually impossible to find anyone actively opposing a federal PBR. Many members of the 108th Congress likely feel pressure to pass PBR legislation before returning to the electorate in 2004.

I advance a contrary perspective: A federal PBR is an idea whose time is past or, to be precise, is an idea whose rationales are …


The Internet And The Persistence Of Law, Justin Hughes Mar 2003

The Internet And The Persistence Of Law, Justin Hughes

Articles

Since legal commentators first confronted cyberspace, three broad stories have emerged to describe the interrelation of law and the Internet: the "no-law Internet," the "Internet as a separate jurisdiction," and Internet law as "translation" of familiar legal concepts. This Article reviews these stories, focusing on how ongoing "translation" is giving way to a growing convergence in Internet law. The Article makes the case for convergence among legal responses to cyberspace and proposes a basic taxonomy for different models of convergence. With this taxonomy, the Article examines the ways in which convergence is occurring, as well as its effects on both …


Fair Use Across Time, Justin Hughes Feb 2003

Fair Use Across Time, Justin Hughes

Articles

This Article proposes that, as a copyright work ages, the scope of fair use, especially as to derivative works and uses, should expand. This is because the "market" for a copyrighted work has a temporal dimension; the copyrighted work has a market of a fixed number of years. In considering the fourth element of § 107 fair use, courts have discussed two kinds of situations in which the market for a plaintiff's work can be adversely affected: (1) situations where a particular defendant's action adversely affected the plaintiffs market, and (2) situations where the defendant's action, if it became "widespread," …


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 …


The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson Jan 2003

The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson

Articles

No abstract provided.


A Missing Piece To The Dividend Puzzle: Agency Costs Of Mutual Funds, Mitchell L. Engler Jan 2003

A Missing Piece To The Dividend Puzzle: Agency Costs Of Mutual Funds, Mitchell L. Engler

Articles

No abstract provided.


Nietzsche And Aretaic Legal Theory, Kyron Huigens Jan 2003

Nietzsche And Aretaic Legal Theory, Kyron Huigens

Articles

No abstract provided.


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 …


Jurisdictional Competition To Abolish The Rule Against Perpetuities: R.I.P. For The R.A.P, Stewart E. Sterk Jan 2003

Jurisdictional Competition To Abolish The Rule Against Perpetuities: R.I.P. For The R.A.P, Stewart E. Sterk

Articles

No abstract provided.


Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder Jan 2003

Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder

Articles

No abstract provided.


Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone Jan 2003

Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone

Articles

No abstract provided.


Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg Jan 2003

Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg

Articles

No abstract provided.


Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love Jan 2003

Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love

Articles

No abstract provided.


Introduction: What Does It Mean To Say That A Remedy Punishes?, Anthony J. Sebok Jan 2003

Introduction: What Does It Mean To Say That A Remedy Punishes?, Anthony J. Sebok

Articles

No abstract provided.


Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk Jan 2003

Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk

Articles

No abstract provided.


On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman Jan 2003

On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman

Articles

No abstract provided.


Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson Jan 2003

Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson

Articles

In his Tractatus Theologico-Politicus (1670), Spinoza mounts an attack on authority in all its forms, including the authority of law and the state. Because authority in all its forms is a product of the imagination, obligation can never be justified. The subjects of Spinoza's commonwealth have no duties, only rights. Spinoza replaces the authority of the commonwealth with the welfare of subjects as the sign and the source of the commonwealth's flourishing. Spinoza was thus the first to propose that the only way for commonwealths to maintain the illusion of authority is by attending to the welfare of their citizens.


Was Spinoza A Jewish Philosopher, J. David Bleich Jan 2003

Was Spinoza A Jewish Philosopher, J. David Bleich

Articles

No abstract provided.


The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman Jan 2003

The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman

Articles

Tort liability has undergone an enormous expansion in the past 40 years. So too has the effective hourly rate obtained by plaintiff lawyers which has increased well over 1000% in that time frame (adjusted for inflation). That the enormous increases in effective hourly rates parallel the enormous expansion in tort liability raises a number of issues. In this article, I examine one of them: whether the market for contingent fee-financing of tort litigation is price competitive. To do so, I examine certain indicia of a noncompetitive market including the fact of uniform pricing, the absence of economic justification for uniform …


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 …


Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein Jan 2003

Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein

Articles

No abstract provided.


The Admissibility Of Expert Testimony About Cognitive Science Research On Eyewitness Identification, Edward Stein Jan 2003

The Admissibility Of Expert Testimony About Cognitive Science Research On Eyewitness Identification, Edward Stein

Articles

Eyewitness identifications are important to jurors, especially in criminal trials. Psychological research has shown, however, that eyewitness testimony is systematically fallible in ways that undermine the goals of the rules of evidence. This article assesses the arguments for and against admitting expert testimony concerning cognitive science research about eyewitness identification. The article concludes that experts should in many instances be allowed to testify about the problems with eyewitness identification testimony.


Democracy Realized One Classroom At A Time, Peter Goodrich Jan 2003

Democracy Realized One Classroom At A Time, Peter Goodrich

Articles

No abstract provided.


The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich Jan 2003

The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich

Articles

No abstract provided.


Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam Jan 2003

Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam

Articles

No abstract provided.


Public Diplomacy And The Transformation Of International Broadcasting, Monroe Price Jan 2003

Public Diplomacy And The Transformation Of International Broadcasting, Monroe Price

Articles

No abstract provided.


Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld Jan 2003

Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld

Articles

Tolerance and pluralism seem to draw on the same criterion of legitimacy. The liberal case for tolerance, however, leads to a series of paradoxes, including Popper's paradox of tolerance according to which tolerating theintolerant is self-defeating. Spinoza's defense of tolerance as it emergesfrom his Theological-Political Treatise and his Ethics is more pervasive and much more encompasssing than the liberal justification. Spinoza justifies tolerance as a private and public virtue as well as on prudential grounds. Although Spinoza's conception of tolerance appears in significant respects paradoxical and contradictory - e.g., it is puzzling why Spinoza, the philosopher of reason, should avocate …