Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (249)
- Comparative and Foreign Law (208)
- Constitutional Law (118)
- Criminal Law (65)
- Intellectual Property Law (60)
-
- Law and Society (60)
- Civil Rights and Discrimination (59)
- Human Rights Law (59)
- International Trade Law (59)
- Environmental Law (56)
- Administrative Law (54)
- Legislation (51)
- Antitrust and Trade Regulation (50)
- Labor and Employment Law (50)
- Legal Education (47)
- First Amendment (44)
- Military, War, and Peace (43)
- Bankruptcy Law (42)
- Law and Economics (39)
- Courts (39)
- Social and Behavioral Sciences (38)
- Immigration Law (38)
- Business Organizations Law (38)
- Jurisprudence (37)
- Law Enforcement and Corrections (36)
- Criminal Procedure (31)
- National Security Law (31)
- Banking and Finance Law (31)
- Health Law and Policy (30)
- Institution
-
- Washington University in St. Louis (567)
- University of Michigan Law School (76)
- University of Miami Law School (71)
- University of Georgia School of Law (68)
- Maurer School of Law: Indiana University (60)
-
- Golden Gate University School of Law (48)
- Pepperdine University (39)
- College of William & Mary Law School (37)
- Maurice A. Deane School of Law at Hofstra University (37)
- University of San Diego (36)
- Case Western Reserve University School of Law (23)
- Villanova University Charles Widger School of Law (19)
- American University Washington College of Law (19)
- Touro College Jacob D. Fuchsberg Law Center (18)
- Osgoode Hall Law School of York University (17)
- Chicago-Kent College of Law (13)
- West Virginia University (12)
- University of Oklahoma College of Law (12)
- Duke Law (12)
- Marquette University Law School (11)
- Syracuse University (9)
- Fordham Law School (9)
- Pace University (8)
- Louisiana State University Law Center (8)
- Cleveland State University (7)
- University of Massachusetts Boston (6)
- Washington and Lee University School of Law (6)
- University of Baltimore Law (6)
- Northwestern Pritzker School of Law (6)
- University of Maryland Francis King Carey School of Law (6)
- Publication Year
- Publication
-
- Washington University Law Review (285)
- Washington University Journal of Law & Policy (176)
- Georgia Journal of International & Comparative Law (68)
- Washington University Global Studies Law Review (67)
- Michigan Journal of International Law (57)
-
- San Diego International Law Journal (36)
- Hofstra Law Review (33)
- Urban Law Annual ; Journal of Urban and Contemporary Law (31)
- Indiana Law Journal (31)
- Golden Gate University Law Review (31)
- University of Miami International and Comparative Law Review (30)
- Pepperdine Law Review (26)
- University of Miami Inter-American Law Review (19)
- Case Western Reserve Journal of International Law (19)
- Touro Law Review (18)
- Osgoode Hall Law Journal (16)
- Golden Gate University Environmental Law Journal (16)
- Federal Communications Law Journal (15)
- Villanova Law Review (14)
- William & Mary Law Review (14)
- Indiana Journal of Global Legal Studies (13)
- Chicago-Kent Law Review (13)
- West Virginia Law Review (12)
- William & Mary Environmental Law and Policy Review (12)
- Journal of the National Association of Administrative Law Judiciary (10)
- Law and Contemporary Problems (10)
- American University International Law Review (10)
- Marquette Intellectual Property Law Review (10)
- Michigan Law Review (9)
- Syracuse Journal of International Law and Commerce (9)
- File Type
Articles 1 - 30 of 1343
Full-Text Articles in Law
Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser
Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser
University of Miami Inter-American Law Review
No abstract provided.
Canada’S Summary Trial Procedure: A Viable Alternative To Summary Judgment On Trademark Likelihood Of Confusion Actions In The United States, Elaine Kussurelis
Canada’S Summary Trial Procedure: A Viable Alternative To Summary Judgment On Trademark Likelihood Of Confusion Actions In The United States, Elaine Kussurelis
University of Miami Inter-American Law Review
No abstract provided.
Crow Indian Tribe V. United States, Hallee Kansman
Crow Indian Tribe V. United States, Hallee Kansman
Public Land & Resources Law Review
The protection status of the Greater Yellowstone grizzly bear continues to elicit debate and find its way into the courtroom. In Crow Indian Tribe v. United States, for the second time in the last decade, a court held the Service’s attempt to delist the Yellowstone Grizzly arbitrary and capricious. Specifically, the court found the Service’s evaluation of remnant populations, recalibration, and genetic health deficient. This case demonstrates the importance in and the resilient motivation behind preserving grizzly bear populations and genetics. As the practice of delisting a species under the Endangered Species Act continues, this case will provide ...
New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard
New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard
Genocide Studies and Prevention: An International Journal
Why did the international community decide to withdraw United Nations peacekeeping troops from Rwanda during the 1994 genocide? Analysis of newly released documents and results from an international conference with former U.N. and government officials sheds further light on our understanding of what took place leading up to and during the Rwandan genocide. This article focuses on two key moments: 1) the United States’ reluctance to support the peacekeeping mission from before its mandate began and prior to the killing of U.S. troops in Somalia in autumn 1993; and the United States’ central role pushing the United Nations ...
Ethical Cannabis Lawyering In California, Francis J. Mootz Iii
Ethical Cannabis Lawyering In California, Francis J. Mootz Iii
St. Mary's Journal on Legal Malpractice & Ethics
Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous ...
Can Judges Be Uncivilly Obedient?, Brannon P. Denning
Can Judges Be Uncivilly Obedient?, Brannon P. Denning
William & Mary Law Review
In a recent article, Jessica Bulman-Pozen and David Pozen identified “uncivil obedience” as a tactic for protesting laws or regulations, not by violating the law, as with civil disobedience, but rather by scrupulous attendance to it. They noted that it is a tactic available to private and public actors alike, but were doubtful that a judicial variety existed. They were skeptical because, in their opinion, even hyper-formalist legal opinions would be unlikely to be perceived as provocative as scrupulous adherence to the letter of the law might be when practiced by non-judicial actors. In this Article, I argue that judicial ...
The Johnson & Johnson Problem: The Supreme Court Limited The Armed Career Criminal Act's "Violent Felony" Provision—And Our Children Are Paying, Shelby Burns
Pepperdine Law Review
The Armed Career Criminal Act and United States Sentencing Guidelines prescribe sentence enhancements based upon a defendant’s prior convictions. In particular, these federal sentencing tools contain violent felony provisions that outline the requirements a state criminal statute must satisfy for a conviction to constitute a violent felony, making the convicted person eligible for a federal sentence enhancement. However, the Supreme Court’s holdings in Johnson v. United States, 559 U.S. 133 (2010) and Johnson v. United States, 135 S. Ct. 2551 (2015) severely limited the scope of both sentencing tools’ violent felony provisions, making it more difficult for ...
Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson
Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson
San Diego International Law Journal
This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the ...
Fiduciary Duties Of Directors Of Insolvent Corporations: A Comparative Perspective, Alessandra Zanardo
Fiduciary Duties Of Directors Of Insolvent Corporations: A Comparative Perspective, Alessandra Zanardo
Chicago-Kent Law Review
Over the last two decades, in many jurisdictions great emphasis has been placed on directors’ fiduciary duties when a corporation is insolvent or in the amorphous “zone of insolvency”; notably, to investigate whether the directors should continue to promote the best interests of the corporation for the benefits of its shareholders, or whether their duties shift to creditors.
The resolution of this ubiquitous issue will help to answer the following questions: Do creditors have standing to pursue claims for breach of fiduciary duties in the insolvency scenario? And, if they do, is it direct or derivative standing?
This Article will ...
Market Organisations And Institutions In America And England: Valuation In Corporate Bankruptcy, Sarah Paterson
Market Organisations And Institutions In America And England: Valuation In Corporate Bankruptcy, Sarah Paterson
Chicago-Kent Law Review
Courts in England and the United States have traditionally adopted different approaches to the question of valuation in debt restructuring cases. In England, courts have tended to determine whether to approve the allocation of equity in a debt restructuring by reference to the amounts creditors would have received if no debt restructuring had been agreed. The company has typically argued that if no debt restructuring had been agreed either the business or the assets would have been sold. Typically, some evidence of exposure of the business and assets to the market will be submitted to identify the value which would ...
Between Power Politics And International Economic Law: Asian Regionalism, The Trans-Pacific Partnership And U.S.-China Trade Relations, Jiangyu Wang
Pace International Law Review
This Article examines the interactions of power politics and international economic law in the development of regionalism in Asia, particularly in the context of United States-China trade relations. It argues that the process of regional economic integration in Asia has been slow-moving because of the politicization of regionalism by power rivalries. China’s initial regional integration initiatives apparently ignored the United States, a superpower which has always been a major player in Asia and an indispensable part of the region’s economic process. The United States-led Trans-Pacific Partnership was allegedly designed to exclude China, Asia’s largest economy. On the ...
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
St. Mary's Law Journal
Abstract forthcoming
Agribusiness And Antitrust: The Bayer-Monsanto Merger, Its Legality, And Its Effect On The United States And European Union, Aleah Douglas
Agribusiness And Antitrust: The Bayer-Monsanto Merger, Its Legality, And Its Effect On The United States And European Union, Aleah Douglas
The Global Business Law Review
This note examines the current and historical antitrust laws of the United States and the European Union as they relate to the currently pending merger between Bayer and Monsanto. It focuses alternatively on the legality of the merger under modern antitrust laws and the impact such a deal could have on the agribusiness industry in both Europe and the United States. Ultimately, the note argues that the Bayer-Monsanto merger is illegal and should be blocked by the proper authorities in the United States and the European Union.
A View From American Courts: The Year In Indian Law 2017, Grant Christensen
A View From American Courts: The Year In Indian Law 2017, Grant Christensen
Seattle University Law Review
This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...
Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, Kenneth Banuelos
Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, Kenneth Banuelos
Themis: Research Journal of Justice Studies and Forensic Science
The issue of firearm violence in the United States is highly controversial, as there are sound arguments on both sides of the discussion. Advocates of stricter gun laws often refer to both international and domestic examples that highlight the effectiveness of more restrictive firearm policies. Japan and Australia are two such countries that are continually referred to when a tragedy, such as a mass shooting, occurs in the United States and initial reactions often emphasis a need for fewer guns in the general public. Opposition to the proposed reforms of firearm policies cite the importance of the Second Amendment which ...
Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur
Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur
University of Miami Inter-American Law Review
No abstract provided.
“So Teacher, What Is The Right Answer?” Incorporating Critical Thinking Into The Mexican Legal Education: The Application Of The Us Model, Dr. Ying Chen
University of Miami Inter-American Law Review
No abstract provided.
The Role Of The Courts In Guarding Against Privatization Of Important Public Environmental Resources, Melissa K. Scanlan
The Role Of The Courts In Guarding Against Privatization Of Important Public Environmental Resources, Melissa K. Scanlan
Michigan Journal of Environmental & Administrative Law
Drinking water, beaches, a livable climate, clean air, forests, fisheries, and parks are all commons, shared by many users with diffuse and overlapping interests. These public natural resources are susceptible to depletion, overuse, erosion, and extinction; and they are under increasing pressures to become privatized. The Public Trust Doctrine provides a legal basis to guard against privatizing important public resources or commons. As such, it is a critical doctrine to counter the ever-increasing enclosure and privatization of the commons as well as ensure government trustees protect current and future generations. This Article considers separation of powers and statutory interpretation in ...
Defending Jurisdiction, Scott Dodson
Defending Jurisdiction, Scott Dodson
William & Mary Law Review Online
In an article entitled Jurisdiction and Its Effects, I argued that jurisdiction has inherent descriptive meaning but mutable effects. In response, Professor John Preis challenges my framework on a number of grounds and offers his own presumption-based approach. In this reply, I defend my original framework and register my own skepticism of his alternative approach.
Being Seen Like A State: How Americans (And Britons) Built The Constitutional Infrastructure Of A Developing Nation, Daniel J. Hulsebosch
Being Seen Like A State: How Americans (And Britons) Built The Constitutional Infrastructure Of A Developing Nation, Daniel J. Hulsebosch
William & Mary Law Review
This Article develops the argument that the Federal Constitution of 1787 was conceptualized, drafted, and put into operation not only for American citizens but also for foreign audiences. In a world without supranational governing institutions, a constitution—at least, the Federal Constitution—might serve to promote peaceable international relations based on reciprocal trade and open credit. That at least was the Enlightenment-inflected hope.
Did it work? If early Americans engaged in constitution-making in large part to demonstrate their capacity for self-government, selfdiscipline, and commercial openness to foreign audiences, did anyone notice? Or was it all, regardless of diplomatic purposes and ...
The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson
The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson
Dignity: A Journal on Sexual Exploitation and Violence
This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization ...
The Impeachment Process Of Brazil: A Comparative Look At Impeachment In Brazil And The United States, Alexandra Rattinger
The Impeachment Process Of Brazil: A Comparative Look At Impeachment In Brazil And The United States, Alexandra Rattinger
University of Miami Inter-American Law Review
No abstract provided.
The Road Not Taken: A Comparison Of The E.U. And U.S. Insider Trading Prohibitions, Franklin A. Gevurtz
The Road Not Taken: A Comparison Of The E.U. And U.S. Insider Trading Prohibitions, Franklin A. Gevurtz
Washington University Journal of Law & Policy
This article, by Professor Franklin A. Gevurtz of the University of the Pacific’s McGeorge School of Law, explores the divergent approaches between the United States and the European Union with respect to the reach of insider trading laws. Finding that the current scope of E.U. law on insider trading is substantially similar to pre-1980 U.S. Law, Gevurtz compares the outcomes of similar high-profile U.S. and E.U. insider trading cases to illustrate just how different the outcomes are and where the U.S. would be had the Supreme Court kept a broad view on the law ...
Everyone Take A Knee And Listen Up! Examining Student-Athlete Protests During The National Anthem, Zack Zastrow
Everyone Take A Knee And Listen Up! Examining Student-Athlete Protests During The National Anthem, Zack Zastrow
Marquette Sports Law Review
None
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
The Downtown Review
Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the ...
Cuba: Déjà Vu Or New Beginnings, Ryan Forrest, Hunter W. Phillips, Magena Rodriguez
Cuba: Déjà Vu Or New Beginnings, Ryan Forrest, Hunter W. Phillips, Magena Rodriguez
University of Miami Business Law Review
That the United States has long had a strained relationship with Cuba is no secret to the international community. Most recently, this strain has been embodied in a commercial, economic and financial embargo that has been enforced by the United States since 1962. That said, focusing only on this limited stretch of history would ignore the greater context of American–Cuban relations. This paper takes a step back to conduct a historical analysis, examine the current state of relations, and to posit on the potential of future economic ties between the two nations. After a thorough examination, an overarching question ...
Do Women Justices Matter?, Ashley Shula
Do Women Justices Matter?, Ashley Shula
The Eastern Illinois University Political Science Review
In recent years, women have started to have a considerable impact on the political process. While literature exists on women in Congress and in district court settings, little research exists on the role played by female Supreme Court Justices. The author attempts to shed light on the impact of female justices by assessing statements made by the justices, in addition to their voting records. The author finds that the new women Supreme Court Justices have had little impact so far, but offers that perhaps as time goes on, this will change.
A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington
A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington
The Eastern Illinois University Political Science Review
For decades, political scientists have and continue to theorize about influences on presidential decision-making and policy implementation. Faith and religious analysis however, remain relatively new to the study of presidential politics. This particular research examines two Republican presidents, both Ronald Reagan and George W. Bush, that had vastly different ideas about how to combat nations whose policies limited freedom and liberty.
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
Dickinson Law Review
No abstract provided.
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Dickinson Law Review
This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law ...