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Articles 1 - 12 of 12

Full-Text Articles in Law

In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield Dec 2010

In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield

Alan E Garfield

No abstract provided.


Don't Be So Quick To Ban Violent Videogames, Alan E. Garfield Nov 2010

Don't Be So Quick To Ban Violent Videogames, Alan E. Garfield

Alan E Garfield

No abstract provided.


Hate Funeral Protests? Then Ignore Them, Alan E. Garfield Oct 2010

Hate Funeral Protests? Then Ignore Them, Alan E. Garfield

Alan E Garfield

No abstract provided.


Rights Bring Responsibility: Clear Constitutional Protections May Be Only The Beginning Of The Discussion, Alan E. Garfield Sep 2010

Rights Bring Responsibility: Clear Constitutional Protections May Be Only The Beginning Of The Discussion, Alan E. Garfield

Alan E Garfield

No abstract provided.


A Criminal Justice System That Works, Alan E. Garfield Sep 2010

A Criminal Justice System That Works, Alan E. Garfield

Alan E Garfield

No abstract provided.


Don't Expect Kagan To Change Court Dynamic, Alan E. Garfield Jun 2010

Don't Expect Kagan To Change Court Dynamic, Alan E. Garfield

Alan E Garfield

No abstract provided.


Stevens Applied Common Sense, Alan E. Garfield May 2010

Stevens Applied Common Sense, Alan E. Garfield

Alan E Garfield

No abstract provided.


Conservative College Club Should Be Open To Gays, Alan E. Garfield Apr 2010

Conservative College Club Should Be Open To Gays, Alan E. Garfield

Alan E Garfield

No abstract provided.


Elevating Civic Discourse, Alan E. Garfield Mar 2010

Elevating Civic Discourse, Alan E. Garfield

Alan E Garfield

No abstract provided.


Congress' Power Is Properly Vested, Alan E. Garfield Feb 2010

Congress' Power Is Properly Vested, Alan E. Garfield

Alan E Garfield

No abstract provided.


Court's Campaign-Financing Decision Endangers Democracy, Alan E. Garfield Jan 2010

Court's Campaign-Financing Decision Endangers Democracy, Alan E. Garfield

Alan E Garfield

No abstract provided.


Calibrating Copyright Statutory Damages To Promote Speech, Alan Garfield Dec 2009

Calibrating Copyright Statutory Damages To Promote Speech, Alan Garfield

Alan E Garfield

Copyright and the First Amendment exist in tension. The Supreme Court acknowledges this tension but says that copyright law resolves it with two built-in free speech safeguards: (1) by protecting only the expression of ideas and not the ideas themselves (the idea/expression dichotomy); and (2) by allowing the use of expression under certain circumstances (the fair use doctrine). The problem is that these doctrines are notoriously vague, so users often cannot know ex ante whether their uses will be immune from liability. This unpredictably might be tolerable if users could be confident that, if they were subject to liability ...