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Jurisprudence Commons

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Articles 1 - 11 of 11

Full-Text Articles in Jurisprudence

Natural Law, Slavery, And The Right To Privacy Tort, Anita L. Allen Dec 2012

Natural Law, Slavery, And The Right To Privacy Tort, Anita L. Allen

All Faculty Scholarship

In 1905 the Supreme Court of Georgia became the first state high court to recognize a freestanding “right to privacy” tort in the common law. The landmark case was Pavesich v. New England Life Insurance Co. Must it be a cause for deep jurisprudential concern that the common law right to privacy in wide currency today originated in Pavesich’s explicit judicial interpretation of the requirements of natural law? Must it be an additional worry that the court which originated the common law privacy right asserted that a free white man whose photograph is published without his consent in …


The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh Nov 2012

The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh

All Faculty Scholarship

Not all copying constitutes copyright infringement. Quite independent of fair use, copyright law requires that an act of copying be qualitatively and quantitatively significant enough or “substantially similar” for it to be actionable. Originating in the nineteenth century, and entirely the creation of courts, copyright’s requirement of “substantial similarity” has thus far received little attention as an independently meaningful normative dimension of the copyright entitlement. This Article offers a novel theory for copyright’s substantial-similarity requirement by placing it firmly at the center of the institution and its various goals and purposes. As a common-law-style device that mirrors the functioning of …


The Law Of The Neighbor: The Political Demography Of International Law, Matilda Arvidsson May 2012

The Law Of The Neighbor: The Political Demography Of International Law, Matilda Arvidsson

Dr Matilda Arvidsson

No abstract provided.


Ratings Contre Etats, Gregory Lewkowicz Mar 2012

Ratings Contre Etats, Gregory Lewkowicz

Gregory Lewkowicz

Interview of Gregory Lewkowicz on credit rating agencies by I. de Laminne for the newspaper "La Libre Belgique"


Agences De Notation: La Solution Se Trouverait Dans Les Banques, Gregory Lewkowicz Mar 2012

Agences De Notation: La Solution Se Trouverait Dans Les Banques, Gregory Lewkowicz

Gregory Lewkowicz

Interview of Gregory Lewkowicz on credit rating agencies by Jennifer Nille for the newspaper "L'Echo"


The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh Jan 2012

The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh

All Faculty Scholarship

No abstract provided.


What Must We Hide: The Ethics Of Privacy And The Ethos Of Disclosure, Anita L. Allen Jan 2012

What Must We Hide: The Ethics Of Privacy And The Ethos Of Disclosure, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach Jan 2012

Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach

All Faculty Scholarship

No abstract provided.


Natural Rights To Welfare, Siegfried Van Duffel Dec 2011

Natural Rights To Welfare, Siegfried Van Duffel

Siegfried Van Duffel

No abstract provided.


Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo Dec 2011

Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo

Nick J. Sciullo

Many in the legal academy have heard of Michelle Alexander’s new book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness. It has been making waves. One need only attend any number of legal conferences in the past year or so, or read through the footnotes in recent law review articles. Furthermore, this book has been reviewed in journals from a number of academic fields, suggesting Alexander has provided a text with profound insights across the university and public spheres. While I will briefly talk about the book as a book, I will spend the majority of this …


On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo Dec 2011

On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo

Nick J. Sciullo

In this paper, I will discuss the difficulties in defining a place for the global war on terror and the implications this lack of terrestrial bounds has for the law. I will then discuss the way language impacts not only the idea of terrorism, but also the politics of place. On our journey will be philosophers Martin Heidegger and Jacques Derrida, discussed extensively below, who help flesh out the important politics of language and place. Ultimately, I will urge for a deconstructive approach to the global war on terror, which I hope will encourage a more thoughtful consideration of the …