Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative Politics (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Criminal Law (1)
- Criminology and Criminal Justice (1)
-
- First Amendment (1)
- Intellectual Property Law (1)
- International Law (1)
- International Relations (1)
- Internet Law (1)
- Law and Society (1)
- Legal Studies (1)
- Policy History, Theory, and Methods (1)
- Political Science (1)
- Privacy Law (1)
- Public Administration (1)
- Public Law and Legal Theory (1)
- Public Policy (1)
- Keyword
-
- Adversarial system (1)
- Constitutional law (1)
- Copyright (1)
- Criminal Law and Procedure (1)
- Discovery (1)
-
- Fair use (1)
- Federalism (1)
- First amendment (1)
- Free speech (1)
- ICC (1)
- ICTY (1)
- Identity (1)
- Ideology (1)
- Inquisitorial system (1)
- Institutional design (1)
- Intellectual property (1)
- International Criminal Court (1)
- International Law (1)
- International cooperation (1)
- Liberty (1)
- Personal uses (1)
- Personhood (1)
- Plea bargaining (1)
- Privacy (1)
- Retribution (1)
- Safeguards (1)
- Sentencing (1)
- Speedy trial (1)
- Substantive due process (1)
- Victims’ rights (1)
Articles 1 - 2 of 2
Full-Text Articles in Human Rights Law
Liberating Copyright: Thinking Beyond Free Speech, Jennifer E. Rothman
Liberating Copyright: Thinking Beyond Free Speech, Jennifer E. Rothman
All Faculty Scholarship
Scholars have often turned to the First Amendment to limit the scope of ever-expanding copyright law. This approach has mostly failed to convince courts that independent review is merited and has offered little to individuals engaged in personal rather than political or cultural expression. In this Article, I consider the value of an alternative paradigm using the lens of substantive due process and liberty to evaluate users’ rights. A liberty-based approach uses this other developed body of constitutional law to demarcate justifiable personal, identity-based uses of copyrighted works. Uses that are essential for mental integrity, intimacy promotion, communication, or religious …
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
All Faculty Scholarship
Though international criminal justice has developed into a flourishing judicial system over the last two decades, scholars have neglected institutional design and procedure questions. International criminal-procedure scholarship has developed in isolation from its domestic counterpart but could learn much realism from it. Given its current focus on atrocities like genocide, international criminal law’s main purpose should be not only to inflict retribution, but also to restore wounded communities by bringing the truth to light. The international justice system needs more ideological balance, more stable career paths, and civil-service expertise. It also needs to draw on the domestic experience of federalism …