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Articles 1621 - 1650 of 559729
Full-Text Articles in Law
Virtual Stardom: The Case For Protecting The Intellectual Property Rights Of Digital Celebrities As Software, Alexander Plansky
Virtual Stardom: The Case For Protecting The Intellectual Property Rights Of Digital Celebrities As Software, Alexander Plansky
University of Miami Business Law Review
For the past several decades, technology has allowed us to create digital human beings that both resemble actual celebrities (living or deceased) or entirely virtual personalities from scratch. In the near future, this technology is expected to become even more advanced and widespread to the point where there may be entirely virtual celebrities who are just as popular as their flesh-and-blood counterparts—if not more so. This raises intellectual property questions of how these near-future digital actors and musicians should be classified, and who will receive the proceeds from their performances and appearances. Since, in the near-term, these entities will probably …
Revitalizing The Right, David Azerrad
Revitalizing The Right, David Azerrad
The Journal of Contemporary Legal Issues
Debating the nature of conservatism may well be the favorite hobby of American conservatives. While the question will never be resolved to anyone’s satisfaction, it is a pleasant enough pastime to detract from the failures of the American conservative movement to conserve much anything of worth (unless you count the movement itself, in all its sinecurial grifting splendor, as something of worth).
A Bloodless, Crownless, Hydroponic Conservatism: America In The 21st Century, Rachel Lu
A Bloodless, Crownless, Hydroponic Conservatism: America In The 21st Century, Rachel Lu
The Journal of Contemporary Legal Issues
Defining conservatism feels audacious. The mere attempt seems to place us in company with Lincoln, Kirk, Buckley, Hayek, Oakeshott, Scruton, Reagan and Thatcher, and many more illustrious personalities. One can hardly aspire to offer the definitive take; at best, we might hope to draw meaningful connections between a long-running conversation about conservatism, and the cultural or political struggles of our own time. That less-ambitious goal may still be very worthwhile, however. There is a reason why conservatives love to debate conservatism. It helps us to identify worthwhile goals, and remind ourselves why they matter. Looking at the political right today, …
Nature, Tradition, And Virtue: Restoring The Conservative Good Life, Bruce P. Frohnen
Nature, Tradition, And Virtue: Restoring The Conservative Good Life, Bruce P. Frohnen
The Journal of Contemporary Legal Issues
Conservatism, always a contested term, has become the subject of major confusion in the post-Cold War era. As it emerged after the Second World War in the writings of Russell Kirk and the pages of William F. Buckley’s National Review, the conservative movement already was more coalition than single program or philosophy. The notion of conservative “fusionism” was a convenient but superficial means of holding together libertarians, politically under-defined anti-communists, and traditional conservatives in pursuit of their common public policy goals. As the Cold War wound down and the Republican Party devolved into neoliberal globalism, the movement dissolved into mutually …
Traditionalism Rising, Marc O. Degirolami
Traditionalism Rising, Marc O. Degirolami
The Journal of Contemporary Legal Issues
Constitutional traditionalism is rising. From due process to free speech, religious liberty, the right to keep and bear arms, and more, the Court made clear in its 2021 term that it will follow a method that is guided by “tradition.”
This paper is in part an exercise in naming: the Court’s 2021 body of work is, in fact, thoroughly traditionalist. It is therefore a propitious moment to explain just what traditionalism entails. After summarizing the basic features of traditionalism in some of my prior work and identifying them in the Court’s 2021 term decisions, this paper situates these recent examples …
Return To Deliberation, Richard M. Reinsch Ii
Return To Deliberation, Richard M. Reinsch Ii
The Journal of Contemporary Legal Issues
American conservatism finds itself facing an array of difficult if not intractable challenges and problems. Progressive elements dictate revolutionary claims about gender, race, economics, policing, alongside their dismissal of American history as just racism, sexism, and homophobia. Moreover, progressives sit atop the commanding heights of culture, education, social media, influential corporations, and the federal bureaucracy. Conservatives still win elections about half the time, but face incredible problems in governing because of this political, cultural, and educational imbalance of power.
The Forgotten Path Of Liberal Conservatism: What Yoram Hazony Ignores, Daniel J. Mahoney
The Forgotten Path Of Liberal Conservatism: What Yoram Hazony Ignores, Daniel J. Mahoney
The Journal of Contemporary Legal Issues
Today, in academic and intellectuals circles it is a besieged minority that affirms that the freest, most prosperous, most self-critical societies in the history of the world have been bequeathed a patrimony worth preserving. We have lost a meaningful and robust sense of what constitutes the West as the West (in fact, the term itself has no real resonance with the younger generations). The “Other” in faraway places, to use a fashionable abstraction, is beyond criticism since cultural and moral criticism are in those cases de rigueur; but the appropriate response to the faults of rule-of-law societies in the …
Conservatives Divide On Matters Of Principle, Maimon Schwarzschild
Conservatives Divide On Matters Of Principle, Maimon Schwarzschild
The Journal of Contemporary Legal Issues
The conservative phenomenon in the United States in the years since the Second World War has entailed—I hesitate to say “embraced”—a variety of diverging views, preoccupations, and commitments, some of them at least in tension with, if not actually opposed to, one another. This has been true for conservative writers, thinkers, and publicists; it has also been true for America’s conservative voting constituencies. For many decades, conservatives were often said to be subdivided between traditionalists and libertarians. There were (and are) diverging tendencies even among the traditionalists: these tendencies can be religious or secular, with styles and emphases that diverge …
The Social Clerisy: Conservative Political Philosophy As A Philosophy Of Pluralism And The Social Group, Luke C. Sheahan
The Social Clerisy: Conservative Political Philosophy As A Philosophy Of Pluralism And The Social Group, Luke C. Sheahan
The Journal of Contemporary Legal Issues
Conservative political philosophers should be counted among, as Nisbet writes, “those thinkers who have resisted the appeal of the One, the unitary and monistic, and have found not merely reality but freedom and justice and equity to lie in plurality.” They should take as their starting point Nisbet’s tradition of the plural community. Given our place in history, following the increasing alienation and decline of social groups chronicled by Putnam and others, conservatives should feel free to pillage the ideas of pluralist thinkers outside the conservative tradition. Nisbet admits repeatedly throughout the decades of his long career that there seems …
Progressivism, Conservatism, And Democracy, William Voegeli
Progressivism, Conservatism, And Democracy, William Voegeli
The Journal of Contemporary Legal Issues
“Conserve” is a transitive verb, one that conveys little unless followed by a direct object. The meaning of conservatism then, depends on what conservatives want to conserve: why it’s valuable, therefore meriting conservation; and why it’s vulnerable, therefore requiring conservation.
The answer to that question will vary from one time and place to another. During the Cold War, American conservatives bristled when newspapers referred to the most inflexible, doctrinaire Soviet leaders as the Kremlin’s “conservatives.” But this journalistic shorthand wasn’t absurd: it’s hard to identify a conservative essence discernible in all political settings. A skeptical, wary attitude regarding change …
The Use And Abuse Of Tradition: A Comment On Degirolami’S Traditionalism Rising, Andrew Koppelman
The Use And Abuse Of Tradition: A Comment On Degirolami’S Traditionalism Rising, Andrew Koppelman
The Journal of Contemporary Legal Issues
Marc DeGirolami’s essay, Traditionalism Rising, argues that the Supreme Court is now deploying what he calls “traditionalist methodology” to decide cases, and that when it cites tradition it is following a “larger, longstanding interpretive method.”
The paper is a valuable contribution that documents an important trend. The Court is in fact invoking tradition with remarkable frequency. But it is a mistake to call what the Court is doing a single “methodology.” Tradition is relevant in different ways in different contexts. It is confusing to conflate them.
Contemporary Conservative Thought: The View From San Diego, William A. Galston
Contemporary Conservative Thought: The View From San Diego, William A. Galston
The Journal of Contemporary Legal Issues
At the conference on “Modern Conservative Political Philosophy” convened at the University of San Diego on September 16–17, 2022, eleven authors presented papers. They fall into four broad categories.
Three of the papers offer broad defenses of conservatism as it has been theorized and practiced in the United States since the 1950s. William Voegeli observes—accurately—that “by following their own premises, an increasingly postmodern Left and an increasingly premodern Right have ended up questioning the worth and feasibility of republican self-government.” This leaves the beleaguered Center, long the common ground between traditional liberals and traditional conservatives. According to Voegeli, this “increasingly …
On Preserving A Political Community In Revolutionary Times, Scott Yenor
On Preserving A Political Community In Revolutionary Times, Scott Yenor
The Journal of Contemporary Legal Issues
Among the hardest things to do in politics is to understand the current situation. Partisan loyalties cloud perspective. Political actors make overwrought charges in order to rile up their partisans. Things that seem important often are not, while small changes can lead to political revolutions. Revolutions often come without countries or political communities knowing, until it is too late.
Conservatism, Ideology, Skepticism, Brandon Turner
Conservatism, Ideology, Skepticism, Brandon Turner
The Journal of Contemporary Legal Issues
The occasion for this essay concerns the prospects of modern conservative political philosophy; more directly, it calls for the provision of “a systematic and comprehensive account of conservatism.” Given our present moment, at which the political parties and institutions of the political right seem increasingly unmoored from any philosophical anchor, such an occasion appears altogether appropriate. Yet there is good reason to think that accounts of conservatism will not be systematic in the way desired and will in fact tend to rule out entirely systematic approaches—at least according to the commonplace understanding of “systematic”—to government or political philosophy. The belief—often …
Meanings, Speech Acts, And Legal Contents Produced By Plural Lawmaking Bodies, Scott Soames
Meanings, Speech Acts, And Legal Contents Produced By Plural Lawmaking Bodies, Scott Soames
The Journal of Contemporary Legal Issues
Language is both our most powerful cognitive tool and our most basic social institution, without which neither law, government, nor science would be possible. Because it is so central to nearly everything we do, its familiarity tempts us to overestimate how much we understand about the way it functions in different domains. My task is to illuminate (i) how to extract legal content from linguistic acts of lawmakers in the United States, and (ii) how this linguistically expressed content is sometimes modified by legal interpretation, when law is applied to particular cases. Although (i-ii) are grounded in facts about ordinary …
Deontology In Graphs: An Elucidation, Alec Walen
Deontology In Graphs: An Elucidation, Alec Walen
The Journal of Contemporary Legal Issues
Representing conceptual relationships in graphic form can be clarifying. The exercise can make the graph composer and the graph reader ask questions they otherwise might not have asked. Of course, graphs also require the composer to make choices: what do you put in, what do you merely approximate, what do you try to make precise, what might look more precise than you mean to be? These choices need to be explained and defended to make the graphs meaningful representational tools. But if explained and defended, graphs can provide a distinctively helpful tool, especially to those like moral philosophers who tend …
Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium, James Owsley Boyd
Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
The Indiana University Maurer School of Law and its Indiana Journal of Global Legal Studies are hosting scholars from around the country Friday and Saturday (Jan. 19-20) for an interdisciplinary discussion on one of the world’s most prevalent problems—food insecurity.
Data from the World Bank estimate more than 780 million people around the world suffered from chronic hunger in 2022. As climate change affects agricultural production and water accessibility, the problem could worsen in coming years.
“A Fragile Framework: How Global Food Systems Intersect with the International Legal Order, the Environment, and the World’s Populations” will bring together legal, policy, …
Piercing The Shield Of U.C.C. Article 4a: Estate Of Levin V. Wells Fargo Bank’S, Implications For Terrorism Victims’ Attachment Of Blocked Electronic Wire Transfers Originating From State Sponsors Of Terrorism, Olivia Lu
University of Miami Business Law Review
This Piece examines how ambiguity in the property interests that would be subject to attachment under section 201 of the Terrorism Risk Insurance Act (“TRIA”) and section 1610(g) of the Foreign Sovereign Immunities Act (“FSIA”) has affected efforts by victims of terrorism to fulfill their monetary judgments, especially in light of courts’ use of Article 4A of the Uniform Commercial Code to fill the definitional gap. This Piece focuses on a recent D.C. Circuit decision, Estate of Levin v. Wells Fargo Bank, N.A., analyzing its implications for terrorism victims holding monetary judgments to attach blocked electronic funds transfers (“EFTs”) originating …
Cardozo Law News Brief: January 19, 2024, Benjamin N. Cardozo School Of Law
Cardozo Law News Brief: January 19, 2024, Benjamin N. Cardozo School Of Law
Cardozo Law News Brief 2024
Featured Faculty:
- Jessica Roth
- Pamela Foohey
- Burton Lipshie
- Michael Pollack
- Gabor Rona
- Richard Weisberg
Events:
- The 2024 Cardozo Colloquium on Global and Constitutional Theory
- The FAME Center Presents: An Evening with Steve Madden
- Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?
Animal Liberation Front: Threat To Kentucky, Zoe E. Hunt
Animal Liberation Front: Threat To Kentucky, Zoe E. Hunt
Posters-at-the-Capitol
The Animal Liberation Front (ALF) is a global terrorist organization that was founded in 1976. Since the creation of ALF, the group has spread rapidly as well as turned into a domestic terrorist organization in the United States. With this project, the group's potential threat to Kentucky was evaluated. ALF was evaluated using four structured analytic techniques and an intelligence collection plan. A better understanding of what ALF is was formed by the discussion of the group’s origins, ideology, and organization. In addition, the group's goals, objectives, and capabilities were discussed. Using the information gathered during the threat profile, the …
Brief For Professors And Legal Scholars As Amici Curiae In Support Of Neither Party, Deborah Pearlstein
Brief For Professors And Legal Scholars As Amici Curiae In Support Of Neither Party, Deborah Pearlstein
Amicus Briefs
The amici curiae consist of professors and legal scholars with a collective experience of over one hundred years in teaching and writing about constitutional law. Their primary interest lies in ensuring that the Court resolves the case in a manner consistent with federalism and separation of powers principles.
Prepared Testimony To The Committee On Homeland Security United States House Of Representatives, Deborah Pearlstein
Prepared Testimony To The Committee On Homeland Security United States House Of Representatives, Deborah Pearlstein
Testimony
Sham Impeachment “Hearing” #2
Issue: Border Security & Immigration
Global Criminal Justice Practices And Public Safety, Rachel Hwang
Global Criminal Justice Practices And Public Safety, Rachel Hwang
Posters-at-the-Capitol
Popular political discourse in the U.S. assumes that more funding for law enforcement and prison facilities will make civilians safer, presumably by reducing crime and sense of disorder. However, studies have shown that the relationship between these factors may not be as straightforward. With the killing of George Floyd and increased media coverage of police brutality, existing literature focuses mainly on the relationship between police and crime in the U.S. The impact of incarceration (the result of procedural justice) on the community (for whom procedural justice exists) is less known, especially on a global scale. We argue that cycling people …
We(Ed) Hold These Truths To Be Self Evident: All Things Cannabis Are Inequitable, Garrett I. Halydier
We(Ed) Hold These Truths To Be Self Evident: All Things Cannabis Are Inequitable, Garrett I. Halydier
University of Massachusetts Law Review
Current approaches to social equity in the cannabis industry continue to fail to promote racial equity while simultaneously exacerbating gender, environmental, and other inequities. To better understand the structural dynamics underlying this phenomenon, I first present a multi-disciplinary recounting of not only the racial inequities, but also the stigma, business, research, energy, sex and gender, hemp, and international inequities of the War on Drugs. This serves as the foundation for a compilation of the structural and theoretical reasons for how current social equity policies, whether targeting the cannabis industry, community reinvestment, social justice, or access equity, will only continue to …
The Cruel And Unusual Punishment Of Prison Rape: Why The Prison Rape Elimination Act Failed And How To Fix It, Savannah G. Plaisted
The Cruel And Unusual Punishment Of Prison Rape: Why The Prison Rape Elimination Act Failed And How To Fix It, Savannah G. Plaisted
University of Massachusetts Law Review
Recent studies show the rate of sexual abuse endured in prisons has been steadily increasing. To remedy this issue, the Prison Rape Elimination Act was passed in 2003, however it has had no legitimate impact on the rate of sexual abuse in prisons due to the absence of mandatory rules upon prisons and a private right of action. This note will argue that prison rape is an Eighth Amendment violation but is not punished as one and that the Prison Rape Elimination Act failed to provide Survivors of prison sexual abuse with any legitimate recourse against violators of the law. …
Failing To Learn The Lessons Of Madoff: Problems With Applying Iqbal To Fraud Claims, Howard Gutman, Chris Garino
Failing To Learn The Lessons Of Madoff: Problems With Applying Iqbal To Fraud Claims, Howard Gutman, Chris Garino
University of Massachusetts Law Review
The Iqbal standard requires all civil actions filed in federal courts to provide detailed proof at the pleading stage for the claim to proceed. Under this standard, cases are adjudicated without the aid of discovery or deposition of witnesses. Cases are decided at the pleading stage based on the documents and statements provided by the one accused of fraud. The tools to uncover deception are not available at this stage. This article argues that the Iqbal pleading standard fails to allow civil courts to adequately detect and adjudicate fraud claims. This article explores fraudulent financial schemes, the Iqbal standard, the …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami International and Comparative Law Review
No abstract provided.
Masthead
University of Miami International and Comparative Law Review
No abstract provided.
The Radical Potential Of Creating Communities Of Care Through Art, Rhoda Rosen, Amanda Leigh Davis
The Radical Potential Of Creating Communities Of Care Through Art, Rhoda Rosen, Amanda Leigh Davis
University of Miami International and Comparative Law Review
No abstract provided.