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Articles 1 - 7 of 7
Full-Text Articles in Public Law and Legal Theory
Book Review And Commentary: What Price Freedom?, Vincent A. Wellman
Book Review And Commentary: What Price Freedom?, Vincent A. Wellman
Law Faculty Research Publications
No abstract provided.
Fair Use In American And Continental Laws, Omar M.A. Obeidat
Fair Use In American And Continental Laws, Omar M.A. Obeidat
LLM Theses and Essays
Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …
Permissible Accommodation Of Religion And The Alternative Burden, Ei Ichiro Takahata
Permissible Accommodation Of Religion And The Alternative Burden, Ei Ichiro Takahata
LLM Theses and Essays
In this thesis, the author discusses the extent to which the government can afford to give accommodation within the limits of the Establishment Clause. In Chapter II, the author reviews the theory of the permissible accommodation referred to in the Supreme Court of the United States. In Chapter III, the author examines scholarly debates on the accommodation. Then, the author discusses German and Japanese law of the accommodation in Chapter IV. There, those cases suggest the possibility of alternative burdens on religious believers. The alternative burdens are considered the price of the accommodation. The author concludes that the government has …
The Charter And Anglophone Legal Theory, Part Ii, Richard F. Devlin Frsc
The Charter And Anglophone Legal Theory, Part Ii, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
The Canadian Charter of Rights and Freedoms has generated not only new terrain over which discursive positions are mobilized, but it has catalysed theoretical reflection about law, society, state, and the self. Examining the implications of the Charter for Anglophone legal theory, the author conducts both a qualitative and quantitative survey of jurisprudential work on the Charter and concludes that the Charter's impact on legal theory has been significant. The Charter has prompted expansion of the range of interdisciplinary influences, contextualized theoretical reflection, and made jurisprudence more engaged with and relevant to Canadian social life. The Charter also has facilitated …
The Charter And Anglophone Legal Theory, Part I, Richard F. Devlin Frsc
The Charter And Anglophone Legal Theory, Part I, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
The Canadian Charter of Rights and Freedoms has generated not only new terrain over which discursive positions are mobilized, but it has catalysed theoretical reflection about law, society, state, and the self. Examining the implications of the Charter for Anglophone legal theory, the author conducts both a qualitative and quantitative survey of jurisprudential work on the Charter and concludes that the Charter's impact on legal theory has been significant. The Charter has prompted expansion of the range of interdisciplinary influences, contextualized theoretical reflection, and made jurisprudence more engaged with and relevant to Canadian social life. The Charter also has facilitated …
The Meaning Of Blacks' Fidelity To The Constitution, Dorothy E. Roberts
The Meaning Of Blacks' Fidelity To The Constitution, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Costs Of Agencies: Waters V. Churchill And The First Amendment In The Administrative State, Kermit Roosevelt Iii
The Costs Of Agencies: Waters V. Churchill And The First Amendment In The Administrative State, Kermit Roosevelt Iii
All Faculty Scholarship
106 Yale L. J. 1233 (1997)