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Full-Text Articles in Legal History

The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker Oct 1998

The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker

William & Mary Law Review

No abstract provided.


The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater Jun 1998

The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

How does one evaluate the important public values and impacts of things that do not have a market price and then integrate them into the fabric of our system of social governance? That question lies within most or all of Joseph Sax's work over the years. The first part of this article represents an attempt to distill some of Joseph Sax's intellectual dimensions, beyond those already chronicled in the comments of other contributors to this symposium, with some linked themes and observations drawn from Sax beyond his writings. The second part, instigated by several of Sax's articles ...


El Régimen Jurídico De Los Guardacosta Novohispanos En La Segunda Mitad Del Siglo Xviii: La Obra Del Virrey Juan Vicente De Güemes Pacheco De Padilla Y Horcasitas, Segundo Conde De Revillagigedo, Óscar Cruz Jan 1998

El Régimen Jurídico De Los Guardacosta Novohispanos En La Segunda Mitad Del Siglo Xviii: La Obra Del Virrey Juan Vicente De Güemes Pacheco De Padilla Y Horcasitas, Segundo Conde De Revillagigedo, Óscar Cruz

Óscar Cruz Barney

No abstract provided.


Copyright Opinions And Aesthetic Theory, Alfred C. Yen Jan 1998

Copyright Opinions And Aesthetic Theory, Alfred C. Yen

Boston College Law School Faculty Papers

In this Article the author contends that judges should be conscious of aesthetics when deciding copyright cases. However, given the inherent ambiguity of aesthetics and the supposedly objective rules and principles that govern judicial opinions, courts implicitly assume a sharp divide between aesthetic reasoning and legal reasoning. Additionally, because aesthetic choices by judges could potentially be deemed government censorship, the two are further considered incompatible. The author argues, however, that this distinction is illusory in that a truly open-minded copyright jurisprudence requires explicit awareness of aesthetics. This argument is supported firstly by a description of four major movements from aesthetic ...