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Full-Text Articles in Law
Online Music Sharing In A Global Economy: The U.S. Effort To Command (Or Survive) The Tidal Wave, Eliza Shardlow Clark
Online Music Sharing In A Global Economy: The U.S. Effort To Command (Or Survive) The Tidal Wave, Eliza Shardlow Clark
Minnesota Journal of International Law
No abstract provided.
China's Economic And Political Clout Grows In Latin America At The Expense Of U.S. Interests, Juan Vega
China's Economic And Political Clout Grows In Latin America At The Expense Of U.S. Interests, Juan Vega
Minnesota Journal of International Law
No abstract provided.
International Employment: Antidiscrimination Law Should Follow Employees Abroad, Paul Frantz
International Employment: Antidiscrimination Law Should Follow Employees Abroad, Paul Frantz
Minnesota Journal of International Law
No abstract provided.
Trade Policy & (And) Labor Standards, Michael J. Trebilcock, Robert Howse
Trade Policy & (And) Labor Standards, Michael J. Trebilcock, Robert Howse
Minnesota Journal of International Law
No abstract provided.
The Value Of Institutions And The Values Of Free Speech, Dale Carpenter
The Value Of Institutions And The Values Of Free Speech, Dale Carpenter
Articles
Should the First Amendment pay attention to the setting in which speech occurs, giving more protection to some institutions than to others? The very suggestion is a heresy. The First Amendment, to a degree unknown elsewhere in American law, has been characterized by a certain kind of blindness. It has largely been blind to the popularity of the speech involved, blind to whether the speech is favored or disfavored by the government, and blind to the identity of the speaker. On the other hand, some institutions - the professional media, libraries, and universities, for example - are especially good at …
Contracting Around Finality: Transforming Price V. Neal From Dictate To Default, Christopher M. Grengs, Edward S. Adams
Contracting Around Finality: Transforming Price V. Neal From Dictate To Default, Christopher M. Grengs, Edward S. Adams
Articles
Arguably the most important and problematic area within the entire field of negotiable instruments law is the law relating to forgery, especially the allocation of losses that result from forgery. Forgery is central to negotiable instrument law because a signature typically authenticates the orders and promises to pay on which the entire system is based. Unfortunately, forgery continues to cause substantial losses to American banks and the national economy. "Despite the significance of this problem, many of the legal doctrines governing forgery loss allocation remain quite problematic, even after nearly three centuries of development." To combat the problem of negotiable …
Synergy And Serendipity, Joan Howland
Synergy And Serendipity, Joan Howland
Articles
Great events rarely occur without the fortuitous intersection of synergy and serendipity. One of the earliest documented examples of this dynamic is the Greek mathematician Archimedes' (287 B.C.-212 B.C.) discovery of the principle of buoyancy while he was soaking in a hot bath, inspiring him to jump up and run naked through the streets of Syracuse shouting "Eureka!" 3 This serendipitous discovery may easily have been eclipsed by the public outcry surrounding Archimedes' unconventional behavior. Coincidentally, however, his close friend King Hieron of Syracuse had just been cheated by a goldsmith and was able to use the newly defined principle …
The Dynamics Of Child Sexual Abuse Prosecution: Two Florida Case Studies, Robert Levy
The Dynamics Of Child Sexual Abuse Prosecution: Two Florida Case Studies, Robert Levy
Articles
Criminal justice scholars agree that the process cannot adequately be captured simply by reporting guilty pleas, jury acquittals and convictions. Rather, one must imagine a giant cornucopia, the large end representing the huge mass of unreported and uncleared crimes, the small end representing the small number of convicted felons sentenced to prison. Between these terminal points can be found all those criminals the police decide not to arrest or refer for prosecution, all those cases prosecutors decide not to prosecute, the cases prosecutors decide to dismiss (or "nolle prosequi," often referred to as "nol pros") after they have been filed, …
Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington
Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington
Articles
No abstract provided.
Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness
Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness
Articles
No abstract provided.
Sentencing Guidelines In Minnesota, 1978-2003, Richard Frase
Sentencing Guidelines In Minnesota, 1978-2003, Richard Frase
Articles
This article examines the origins, purposes, evolution, and impact of Minnesota's pioneering sentencing guidelines reform. The Guidelines, related sentencing laws, and charging and sentencing practices have evolved considerably since 1980, and so have Minnesota's reform goals. Most of these goals have been achieved: sentences are more uniform and proportionate; policy formulation is more systematic and informed by data; sentencing has been coordinated with available correctional resources, avoiding prison overcrowding and ensuring that space is available to hold the most serious offenders; "truth in sentencing" has been achieved; custodial sanctions have been used sparingly; and the Guidelines remain fairly simple to …
Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry
Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry
Articles
No abstract provided.
State Sentencing Guidelines: Diversity, Consensus, And Unresolved Policy Issues, Richard Frase
State Sentencing Guidelines: Diversity, Consensus, And Unresolved Policy Issues, Richard Frase
Articles
No abstract provided.
[Book Review] Whose America?, Judith T. Younger
Punishment Purposes, Richard Frase
Excessive Prison Sentences, Punishment Goals, And The Eighth Amendment: "Proportionality" Relative To What?, Richard Frase
Excessive Prison Sentences, Punishment Goals, And The Eighth Amendment: "Proportionality" Relative To What?, Richard Frase
Articles
No abstract provided.
The Functions Of Sentencing And Sentencing Reform, Michael Tonry
The Functions Of Sentencing And Sentencing Reform, Michael Tonry
Articles
No abstract provided.
The Warren Court's Missed Opportunities In Substantive Criminal Law, Richard Frase
The Warren Court's Missed Opportunities In Substantive Criminal Law, Richard Frase
Articles
No abstract provided.
Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield
Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield
Articles
No abstract provided.
Whose America?, Judith T. Younger
Why Minnesota Will Weather Blakely's Blast, Dale G. Parent, Richard Frase
Why Minnesota Will Weather Blakely's Blast, Dale G. Parent, Richard Frase
Articles
No abstract provided.
The Dubious Enumerated Power Doctrine, Calvin H. Johnson
The Dubious Enumerated Power Doctrine, Calvin H. Johnson
Constitutional Commentary
No abstract provided.
Revenge Of The Triple Negative: A Note On The Brandeis Brief In Muller V. Oregon, Clyde Spillenger
Revenge Of The Triple Negative: A Note On The Brandeis Brief In Muller V. Oregon, Clyde Spillenger
Constitutional Commentary
No abstract provided.
Protecting Unconscious, Medically- Dependent Persons After Wendland & Schiavo, Clarke D. Forsythe
Protecting Unconscious, Medically- Dependent Persons After Wendland & Schiavo, Clarke D. Forsythe
Constitutional Commentary
No abstract provided.
Originalism, Precedent, And Candor, David A. Strauss
Originalism, Precedent, And Candor, David A. Strauss
Constitutional Commentary
No abstract provided.
From Cruzan To Schiavo: Similar Bedfellows In Fact And At Law, Edward J. Larson
From Cruzan To Schiavo: Similar Bedfellows In Fact And At Law, Edward J. Larson
Constitutional Commentary
No abstract provided.
Congress Clears Its Throat, Edward A. Hartnett
Congress Clears Its Throat, Edward A. Hartnett
Constitutional Commentary
No abstract provided.
Schiavo And Klein, Evan Caminker
Constitutional Contortion? Making Unfettered War Powers Compatible With Limited Government. Book Review Of: The Powers Of War And Peace: The Constitution And Foreign Affairs After 9/11. By John Yoo, Gordon Silverstein
Constitutional Commentary
Book review: The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11. By John Yoo. University of Chicago Press. 2005. xii + 366 pp. Reviewed by: Gordon Silverstein
Whose America? Book Review Of: Conquest By Law: How The Discovery Of America Dispossessed Indigenous Peoples Of Their Lands. By Lindsay G. Robertson; How The Indians Lost Their Land: Law And Power On The Frontier. By Stuart Banner, Judith T. Younger
Constitutional Commentary
Book review: Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands. By Lindsay G. Robertson ; How the Indians Lost Their Land: Law and Power on the Frontier. By Stuart Banner. Reviewed by: Judith T. Younger