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Articles 1 - 30 of 70
Full-Text Articles in Law
Lawyers In The Perfect Storm, Mark A. Sargent
Lawyers In The Perfect Storm, Mark A. Sargent
Working Paper Series
The multiple corporate collapses and scandals of recent years, for which "Enron" is a convenient shorthand, resulted from a perfect storm in which regulatory oversight, the law of fiduciary duty, gatekeepers, market discipline, and contractual incentives all failed to prevent gross self-dealing, conflicts of interest, and deception, or themselves produced perverse consequences. The story of this simultaneous failure of the structures in place since the New Deal and before, has received considerable attention in both the popular and scholarly literature, but is summarized here to provide a context for consideration of the contributions that lawyers made to the perfect storm. …
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Working Paper Series
Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle …
Discourse In Development: Viewing The United Nations Committee On Economic, Social And Cultural Rights Through The Post-Colonial Lens, Beth Lyon
Working Paper Series
This article uses post-colonial theory to examine the cluster of international human rights known as economic, social and cultural rights. The article surveys the jurisprudence of the UN Committee on Economic, Social and Cultural Rights, making it relevant for scholars of international human rights as well as post-colonial theory.
Traditionally, international human rights divide into two branches: 1) civil and political rights, and 2) economic, social and cultural rights (ESCRs). ESCRs were virtually ignored during the cold war era, but they now receive expanded attention at the international and regional levels. The creation of the UN Committee on Economic, Social …
Legal Protection For Conversational And Communication Privacy In Family, Marriage And Domestic Disputes: An Examination Federal And State Wiretap And Stored Communications Acts And The Common Law Privacy Intrusion Tort, Richard C. Turkington
Working Paper Series
In the article I examine the legality of the not uncommon practice of surreptitiously recording telephone conversations, videotaping activities and accessing e-mail or voicemail communications by parties in domestic disputes. First, I examine the important values that are implicated by such activities. These values include conversation, communication and physical privacy. Conversation (and communication) privacy are valued on both intrinsic and instrumentalist grounds. These values run into countervailing values in domestic conflict cases. These include parental autonomy in child rearing and the best interests of the child. I argue that the pervasiveness of electronic surveillance and the emerging tradition in our …
On What Sin (And Grace) Can Teach Crime, Patrick Mckinley Brennan
On What Sin (And Grace) Can Teach Crime, Patrick Mckinley Brennan
Patrick McKinley Brennan
No abstract provided.
Punitive Damages: A Comparative Analysis, John Y. Gotanda
Punitive Damages: A Comparative Analysis, John Y. Gotanda
Working Paper Series
In light of expanding international trade, it is increasingly likely that politicians, courts and tribunals will wrestle with whether punitive damages are appropriate in transnational disputes, and whether countries that traditionally do no allow exemplary relief should recognize and enforce foreign awards of such damages. Furthermore, by seeing how different systems address these problems, we can gain a deeper understanding of the role of punitive damages in our own legal system and be better able to deal with punitive damages issues in the international arena. This Article undertakes a thorough comparative study of punitive damages in common law countries. It …
Marital Immunity, Intimate Relationships, And Improper Inferences: A New Law On Sexual Offenses By Intimates , Michelle J. Anderson
Marital Immunity, Intimate Relationships, And Improper Inferences: A New Law On Sexual Offenses By Intimates , Michelle J. Anderson
Working Paper Series
Today, to one degree or another, marital immunity for sexual offenses persists in over half the states. Underlying the marital rape immunity has been the assumption that when a woman enters into a marriage, she is giving her ongoing consent to sexual intercourse. Professor Michelle Anderson argues that states must abolish this immunity to make the law formally neutral on the marital status of the parties. However, Professor Anderson argues, such formal neutrality is insufficient. The ideology of ongoing consent underlying the marital rape immunity has infected the way the legal system treats sexual offenses among intimates who are not …
Affairs Of The Heart, Michael T. Flannery
Affairs Of The Heart, Michael T. Flannery
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Introduction, Gilbert Stein
Introduction, Gilbert Stein
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Hey, Keep Your Link To Yourself - Legal Challenges To Thumbnails And Inline Linking On The Web And The Potential Implications Of A First Impression Decision In Kelly V. Arriba Soft Corp., Brad M. Scheller
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Insert Coins To Slay - Regulating Children's Access To Violent Arcade Games, Elizabeth A. Previte
Insert Coins To Slay - Regulating Children's Access To Violent Arcade Games, Elizabeth A. Previte
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Peer-To-Peer Combat: The Entertainment Industry's Arsenal In Its War On Digital Piracy, Matthew C. Mousley
Peer-To-Peer Combat: The Entertainment Industry's Arsenal In Its War On Digital Piracy, Matthew C. Mousley
Villanova Law Review
No abstract provided.
Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant
Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant
Villanova Law Review
No abstract provided.
One Word Can Make All The Difference: An Examination Of The Third Circuit's Handling Of Health Care Insurance Policy Exclusion Clauses For Pre-Existing Conditions, Christina M. Finello
One Word Can Make All The Difference: An Examination Of The Third Circuit's Handling Of Health Care Insurance Policy Exclusion Clauses For Pre-Existing Conditions, Christina M. Finello
Villanova Law Review
No abstract provided.
Squeeze Play: Analyzing Contraction In Professional Sports, Scott Rosner
Squeeze Play: Analyzing Contraction In Professional Sports, Scott Rosner
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Not Like It Was In The Old Days: Is The Americans With Disabilities Act Changing The Face Of Sports As We Know It, Amy M. Kearney
Not Like It Was In The Old Days: Is The Americans With Disabilities Act Changing The Face Of Sports As We Know It, Amy M. Kearney
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Missing The Target: How Performance-Enhancing Drugs Go Unnoticed And Endanger The Lives Of Athletes, E. Tim Walker
Missing The Target: How Performance-Enhancing Drugs Go Unnoticed And Endanger The Lives Of Athletes, E. Tim Walker
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Interception - The Courts Get Another Pass At The Ncaa And The Intentional Discrimination Of Proposition 16 In Pryor V. Ncaa, Anneliese Munczinski
Interception - The Courts Get Another Pass At The Ncaa And The Intentional Discrimination Of Proposition 16 In Pryor V. Ncaa, Anneliese Munczinski
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Harmon V. Browner: A Flawed Interpretation Of Epa Overfiling Authority, Wendy R. Zeft
Harmon V. Browner: A Flawed Interpretation Of Epa Overfiling Authority, Wendy R. Zeft
Villanova Environmental Law Journal
No abstract provided.
American Corn Growers Association V. Epa: The Unclear Future Of The Haze Rule - A Successful Challenege And A Major Setback, Katharine A. Crawford
American Corn Growers Association V. Epa: The Unclear Future Of The Haze Rule - A Successful Challenege And A Major Setback, Katharine A. Crawford
Villanova Environmental Law Journal
No abstract provided.
National Parks And Conservation Association V. Babbitt: Titanic Mess, Restricting Cruise Ships In Order To Protect Glacier Bay, Monica Mintz
National Parks And Conservation Association V. Babbitt: Titanic Mess, Restricting Cruise Ships In Order To Protect Glacier Bay, Monica Mintz
Villanova Environmental Law Journal
No abstract provided.
Using Environmental Insurance To Manage Risk Encountered In Non-Traditional Transactions, Janice E. Falini
Using Environmental Insurance To Manage Risk Encountered In Non-Traditional Transactions, Janice E. Falini
Villanova Environmental Law Journal
No abstract provided.
Timpanogos Tribe V. Conway: Fishing For An Exception To State Sovereign Immunity In Natural Resource Regulation, Susan R. Fiorentino
Timpanogos Tribe V. Conway: Fishing For An Exception To State Sovereign Immunity In Natural Resource Regulation, Susan R. Fiorentino
Villanova Environmental Law Journal
No abstract provided.
E-Ffectuating Notice: Rio Properties V. Rio International Interlink, Aaron R. Chacker
E-Ffectuating Notice: Rio Properties V. Rio International Interlink, Aaron R. Chacker
Villanova Law Review
No abstract provided.
Improving The Kangaroo Courts: A Proposal For Reform In Evaluating Juveniles' Waiver Of Miranda, Kimberly Larson
Improving The Kangaroo Courts: A Proposal For Reform In Evaluating Juveniles' Waiver Of Miranda, Kimberly Larson
Villanova Law Review
No abstract provided.
Categorical Approach Or Categorical Chaos - A Critical Analysis Of The Inconsistencies In Determining Whether Felony Dwi Is A Crime Of Violence For Purposes Of Deportation Under 18 U.S.C. 16, Timothy M. Mulvaney
Villanova Law Review
No abstract provided.
Revoking Our Privileges: Federal Law Enforcement's Multi-Front Assault On The Attorney-Client Privilege (And Why It Is Misguided), Lance Cole
Villanova Law Review
No abstract provided.
Holmes On Natural Law, Robert P. George
What Constitutes An Arrest Within The Meaning Of The Fourth Amendment, Thomas K. Clancy
What Constitutes An Arrest Within The Meaning Of The Fourth Amendment, Thomas K. Clancy
Villanova Law Review
No abstract provided.
Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow
Electrifying Copyright Norms And Making Cyberspace More Like A Book, Ann Bartow
Villanova Law Review
No abstract provided.