Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (592)
- Constitutional Law (449)
- Criminal Law (340)
- Social and Behavioral Sciences (319)
- Legal Education (293)
-
- Civil Rights and Discrimination (256)
- Comparative and Foreign Law (247)
- Environmental Law (229)
- Legal History (227)
- Intellectual Property Law (220)
- Health Law and Policy (204)
- Law and Society (188)
- Legislation (176)
- Human Rights Law (161)
- Courts (153)
- Jurisprudence (153)
- Labor and Employment Law (153)
- Legal Profession (152)
- Family Law (151)
- State and Local Government Law (147)
- Law and Gender (141)
- Internet Law (135)
- Law and Economics (132)
- Arts and Humanities (130)
- Business Organizations Law (121)
- Criminal Procedure (120)
- Entertainment, Arts, and Sports Law (120)
- First Amendment (119)
- Litigation (114)
- Institution
-
- Brigham Young University Law School (1214)
- Selected Works (355)
- Fordham Law School (286)
- University of Michigan Law School (248)
- Duke Law (210)
-
- William & Mary Law School (209)
- Maurer School of Law: Indiana University (208)
- University of Denver (188)
- University of Pennsylvania Carey Law School (182)
- UC Law SF (169)
- American University Washington College of Law (164)
- University of Richmond (154)
- Vanderbilt University Law School (139)
- Cornell University Law School (138)
- Golden Gate University School of Law (138)
- Saint Louis University School of Law (129)
- New York Law School (124)
- Seton Hall University (122)
- University of Missouri School of Law (122)
- Case Western Reserve University School of Law (113)
- Chicago-Kent College of Law (110)
- University of Minnesota Law School (110)
- Nova Southeastern University (104)
- University of Chicago Law School (101)
- Georgia State University College of Law (95)
- University of North Carolina School of Law (95)
- Loyola Marymount University and Loyola Law School (93)
- UIC School of Law (90)
- Marquette University Law School (88)
- Washington and Lee University School of Law (85)
- Keyword
-
- Internet (67)
- Constitutional law (61)
- Ethics (59)
- Constitutional Law (58)
- Discrimination (54)
-
- International Law (54)
- Law (50)
- International law (49)
- Supreme Court (47)
- Peach Sheet (46)
- Human rights (45)
- Intellectual property (45)
- United States Supreme Court (45)
- Comparative law (40)
- Copyright (40)
- Forgiveness (37)
- History (37)
- Women (36)
- Justice (35)
- Legal ethics (35)
- New York (35)
- Conflict of laws (34)
- Federalism (33)
- First Amendment (32)
- Jurisprudence (32)
- Law of Armed Conflict (32)
- Litigation (32)
- Civil law (31)
- Criminal law (31)
- Capital punishment sentencing (30)
- Publication
-
- Utah Supreme Court Briefs (2000– ) (604)
- Utah Court of Appeals Briefs (1996–2006) (529)
- Faculty Scholarship (405)
- Articles (219)
- Faculty Publications (179)
-
- Water Law Review (176)
- All Faculty Scholarship (117)
- Scholarly Works (93)
- Saint Louis University Law Journal (90)
- Michigan Law Review (84)
- Fordham Urban Law Journal (83)
- Georgia State University Law Review (79)
- Indiana Law Journal (73)
- Fordham International Law Journal (69)
- Fordham Law Review (69)
- Georgetown Law Faculty Publications and Other Works (69)
- Louisiana Law Review (69)
- Chicago-Kent Law Review (67)
- Cornell Law Faculty Publications (59)
- Loyola of Los Angeles Law Review (59)
- Seattle University Law Review (57)
- Vanderbilt Law Review (56)
- North Carolina Law Review (55)
- University of Pennsylvania Law Review (55)
- Journal Articles (52)
- Mercer Law Review (52)
- ILSA Journal of International & Comparative Law (51)
- BYU Law Review (50)
- International Bulletin of Political Psychology (50)
- Publications (49)
- Publication Type
Articles 61 - 90 of 8794
Full-Text Articles in Law
Ethics In Academia, Diether Haenicke
Ethics In Academia, Diether Haenicke
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society
Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss
Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss
Faculty Publications
No abstract provided.
El Pago Indebido, Daniel Echaiz Moreno
Fusiones Empresariales, Control Y Libre Competencia, Daniel Echaiz Moreno
Fusiones Empresariales, Control Y Libre Competencia, Daniel Echaiz Moreno
Daniel Echaiz Moreno
No abstract provided.
The Northeast Asian Seas: The Regional Legal Instruments Of Cooperation For Marine Environment And Sustainable Development, Young K. Kim
The Northeast Asian Seas: The Regional Legal Instruments Of Cooperation For Marine Environment And Sustainable Development, Young K. Kim
Young K Kim
The Asia Pacific region is characterized by a number of features which give prominence and unique significance in relation with the marine environment issues. As a result of rapid growth in population, economy, and political maturity, marine environment protection and resource management have emerged as a vital task for the individual nations, as well as the Asia Pacific region as a whole. The concerned riparian States of the Northeast Asian Seas have been fully aware of the immediate relevance of the target conception, "the sustainable development" for their economic development and environment policy. Since 1992 Rio UNCED, they have endeavored …
Should Courts Deduct Non-Legal Sanctions From Damages?, Robert D. Cooter, Ariel Porat
Should Courts Deduct Non-Legal Sanctions From Damages?, Robert D. Cooter, Ariel Porat
Robert Cooter
When legal and social norms regulate the same behavior, an act can trigger both legal and non-legal sanctions. Should courts deduct the non-legal sanction suffered by the wrongdoer from damages owed to the victim? We provide the answer for a legal system that seeks to minimize social costs. Non-legal sanctions typically harm the wrongdoer and benefit other people. In principle, courts should avoid over-deterring wrongdoers by deducting the benefit of the non-legal sanction from compensatory damages. In practice, instead of deducting the benefit of the non-legal sanction to other people, courts should deduct the burden on the wrongdoer. Deducting the …
Suburban Sprawl: Not Just An Environmental Issue, Michael E Lewyn
Suburban Sprawl: Not Just An Environmental Issue, Michael E Lewyn
Michael E Lewyn
Explains why conservatives should be concerned about suburban sprawl, and how market-oriented solutions can mitigate sprawl.
Museletter: December 2000/January 2001, Gail F. Zwirner
Museletter: December 2000/January 2001, Gail F. Zwirner
Museletter
Table of Contents:
Take Me to Your Leader: The Library's Administrative Staff by Deborah Barlett
How We Stack Up: The National Jurist Releases Law School Library Rankings
At the Movies: Men of Honor by Gail Zwirner
Under Construction
There's a Nip in the Air: Nip Computer Problems with Preventative Maintenance by Kim Wiseman
Library Hours
Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd
Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
The Changing Political Landscape Of Hydropwer Project Relicensing, Sarah C. Richardson
The Changing Political Landscape Of Hydropwer Project Relicensing, Sarah C. Richardson
William & Mary Environmental Law and Policy Review
No abstract provided.
Editor's Note, Robyn M. Holtzman
Editor's Note, Robyn M. Holtzman
Federal Communications Law Journal
No abstract provided.
The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth
The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth
Federal Communications Law Journal
In this introduction to the three pieces that follow, Commissioner Harold Furchtgott-Roth proposes his view that the regulation-drafting process relies more on art than science. The Commissioner sets out a four-category sliding scale to evaluate regulations, and lists the most frequently noted problems with FCC-promulgated rules.
Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker
Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker
Federal Communications Law Journal
In the "new economy" driven by the telecommunications industry, the FCC is a busy agency. Given the myriad legal issues faced daily by agency decisionmakers and the lack of perfect clarity in major communications legislation, a few legal missteps here and there by the FCC might be expected. In one area, however, the public can and should demand a first-rate agency record: regulation of communications media without regard to the viewpoint expressed via that media, as the First Amendment requires. This Article offers two case studies in which the FCC arguably took viewpoint-discriminatory actions with regard to regulated broadcasters, and …
The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon
The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon
Federal Communications Law Journal
Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996, the FCC has been under attack in the courts. The road has been a rough one, and the Commission has lost on a good many issues. The Commission has regularly accused its opponents in these legal battles-chiefly the incumbent local exchange carriers-of using litigation to impede the implementation of the 1996 Act’s local competition provisions. As discussed in this Article, if litigation has in fact slowed the introduction of competition in the local exchange markets, the Commission itself must share some of the …
The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister
The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister
Federal Communications Law Journal
The decision whether to be a regulated common carrier or a non-regulated communications provider carries with it numerous benefits and burdens that must be weighed. Although one may automatically assume that non-regulation is preferable, that may not always be the case. This Article directly addresses the decision of whether to be a lightly-regulated non-dominant common carrier or a non-regulated private carrier. The Article argues that certain statutory and regulatory rights enjoyed by common carriers are more important than the minimal regulatory burdens associated with non-dominant common carrier regulation.
The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein
The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein
Federal Communications Law Journal
When analyzing issues surrounding minority ownership of media, scholars have often noted that policy discussions in the area suffer from the linked problems of inadequate data and a lack of tools with which to analyze the data that do exist and might be collected. In Issue Three of Volume 51, several authors made this particular observation. To address this problem, This Article shows how one may use economic analysis and a financial model of a "typical" radio broadcaster to quantify the effects of specific policies. Specifically, the Article focuses on barriers to entry imposed by the FCC’s financial qualification requirements …
Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont
Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont
Federal Communications Law Journal
The character of a regulatory agency is most severely tested at the zenith of its power. When the Federal Communications Commission ("FCC" or "Commission") breaks free of the limitations imposed by the law, the Commission’s leadership sets its own course. It is at these times, when legal oversight is at a minimum, that it becomes most important for the agency to "pay more attention to justice." Unfortunately, as outlined in this Article, the FCC has often failed this test of institutional character. In at least three contexts, the Commission has proven to be something less than a benevolent master. In …
Chasing Shadows: The Human Face Behind The Cyber Threat, Jim Chirsty
Chasing Shadows: The Human Face Behind The Cyber Threat, Jim Chirsty
Federal Communications Law Journal
Book Review: Tangled Web: Tales of Digital Crime From the Shadows of Cyberspace, Richard Power, Que, 2000, 450 pages.
Richard Power’s Tangled Web: Tales of Digital Crime from the Shadows of Cyberspace presents a comprehensive account of computer crime. The book unveils and explores in meticulous detail the nature and scope, and—more importantly—the tremendous potential that common criminals, terrorists, and nation-states now have at their fingertips. This Review describes Tangled Web as a must-read for all cyber cops, prosecutors, and information technology heads and policy-makers.
Ndls Update 12/2000, Notre Dame Law School
The Ethics Center At Fifteen Years, Michael Pritchard
The Ethics Center At Fifteen Years, Michael Pritchard
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
The Quality Of Mercy, The Public Trust, And Ethical Issues In Higher Education, Elise Bickford Jorgens
The Quality Of Mercy, The Public Trust, And Ethical Issues In Higher Education, Elise Bickford Jorgens
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
The Rule Of Law And Commercial Litigation In Myanmar, Alec Christie
The Rule Of Law And Commercial Litigation In Myanmar, Alec Christie
Washington International Law Journal
After nearly thirty years of self imposed isolation, Myanmar has reemerged as a significant potential destination for foreign investment. One of the key attractions of Myanmar as a destination for foreign investment is its legal system and historical commitment to the rule of law. With ASEAN membership and increasing levels of foreign investment in Myanmar, use of its legal system by foreign investors and their counsel has grown. The aim of this article is to outline, for both investors and legal professionals in other countries throughout the region, Myanmar's legal system and its practical operation in the area of commercial …
Law On Communications Interception During Criminal Investigations, Yohei Suda
Law On Communications Interception During Criminal Investigations, Yohei Suda
Washington International Law Journal
Whereas organized crime severely damages the peace and health of society, and increasingly it is extremely difficult to clarify the truth in criminal investigations without intercepting the telephone communications or other telecommunications of criminals in serious crimes committed by conspiracy, such as organized murder and unlawful trade of drugs or firearms, the purpose of this law is to set forth the requirements, procedures, and other matters that are relevant to the invasive action of intercepting telecommunications, as provided in the Code of Criminal Procedure (Law No. 131, 1948), and are essential for dealing appropriately with such crimes, in such a …
The Japanese Law On Communications Interception During Criminal Investigatons: Translator's Introduction, Yohei Suda
The Japanese Law On Communications Interception During Criminal Investigatons: Translator's Introduction, Yohei Suda
Washington International Law Journal
Japan enacted the Law on Communications Interception During Criminal Investigations last year to help control organized crime. The legislation is, in part, a reaction to domestic and international pressure that grew from recent, well-publicized crimes such as the Aur Shinrikyo attack on a Tokyo subway. The Interception Law is a powerful tool for Japanese law enforcement, however the question of whether the Interception Law violates Japan's constitutional rights to privacy and secrecy of communication has not yet been resolved.
Microfinance And Poverty Alleviation: Lessons From Indonesia's Village Banking System, Yoko Miyashita
Microfinance And Poverty Alleviation: Lessons From Indonesia's Village Banking System, Yoko Miyashita
Washington International Law Journal
Indonesia needs an aggressive poverty reduction strategy to counter the 1997 Asian financial crisis, which has propelled millions of its citizens into poverty. Microfinance is a proven method of reducing poverty and has been successfully used within Indonesia in government-supported programs. In addition to continuing its state-run microfinance programs, Indonesia should support increased non-governmental organization ("NGO") participation in microfinance programs by permitting NGOs to conduct the full range of activities of a state-run microfinance program. Such a move would help to ensure that microfinance services reach people with the least access to the formal financial sector.
Mission Impossible: On Baker, Equal Benefits, And The Imposition Of Stigma, Mark Strasser
Mission Impossible: On Baker, Equal Benefits, And The Imposition Of Stigma, Mark Strasser
William & Mary Bill of Rights Journal
In Baker v. State, the Vermont Supreme Court held that the state constitution required same-sex couples be afforded the same benefits and protections that married couples receive. While the state did not need to recognize same-sex marriage, at the very least, it needed to create a parallel system providing equal benefits. Professor Mark Strasser argues that a civil union alternative ultimately would not meet the court's requirements because it cannot possibly provide this requisite equality. His central concern is the differing treatment that same-sex marriage and domestic partnerships receive from other states. Additionally, Professor Strasser notes that such a system …
God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas
God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas
William & Mary Bill of Rights Journal
In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …
A Modest Proposal: The “Reasonable Victim” Standard And Alaska Employers’ Affirmative Defense To Vicarious Liability For Sexual Harassment, Kamla Alexander
A Modest Proposal: The “Reasonable Victim” Standard And Alaska Employers’ Affirmative Defense To Vicarious Liability For Sexual Harassment, Kamla Alexander
Alaska Law Review
No abstract provided.