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351728 full-text articles. Page 6299 of 6308.

Noncitizens And Citizens United, James Ianelli 2009 Harvard Law School

Noncitizens And Citizens United, James Ianelli

James Ianelli

No abstract provided.


Victoria And The Channel Deepening Project, Brad Jessup 2009 The Australian National University

Victoria And The Channel Deepening Project, Brad Jessup

Brad Jessup

No abstract provided.


Trade Secret Law And Information Development Incentives, Michael Risch 2009 Villanova University School of Law

Trade Secret Law And Information Development Incentives, Michael Risch

Michael Risch

Trade secrets differ from other forms of intellectual property in many subtle ways that affect incentives to invest in information development. These differences relate not only to the types of information protected, but also to the requirements one must meet to protect that type of information. The various divergences and intersections of trade secret laws with other intellectual property laws lead to differences in the amount and types of investments companies make in developing information. This chapter explores five types of differential incentives associated with trade secret law: - Trade secret law v. no trade secret law - Trade secret law v ...


Teaching Without Infringement: A New Model For Educational Fair Use, David Simon 2009 Chicago-Kent College of Law

Teaching Without Infringement: A New Model For Educational Fair Use, David Simon

David Simon

Although fair use is an intentionally vague doctrine, its application to education has been described as only one of two categories where outcomes remain “quite difficult to predict.” To combat this uncertainty, courts have looked to negotiated Educational Guidelines, which Congress included in its House of Representatives Report accompanying the Copyright Act of 1976. While their judicial hearts were in the right place, the courts deciding these cases left their legal skills at home. Their choice to use the Guidelines had two unintended and destructive consequences. First, it erroneously gave the Guidelines the appearance of law under § 107’s fair-use ...


Welfare As Happiness (With J. Bronsteen & J. Masur), Christopher Buccafusco 2009 Chicago-Kent College of Law

Welfare As Happiness (With J. Bronsteen & J. Masur), Christopher Buccafusco

Christopher J. Buccafusco

Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article argues against ...


Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal 2009 Chapman University School of Law

Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal

Lawrence Rosenthal

After the DNA-inspired wave of exonerations of recent years, there has been widespread support for expanding the damages remedies available to those who have been wrongfully accused or convicted. This article argues that the case for providing such compensation is deeply problematic under the justificatory theories usually advanced in support of either no-fault or fault-based liability. Although a regime of strict liability is sometimes thought justifiable to as a means of creating an economic incentive to scale back conduct thought highly likely to produce social losses, it is far from clear that the risk of error is so high in ...


The Instrumental Justice Of Private Law, Alan Calnan 2009 Southwestern Law School

The Instrumental Justice Of Private Law, Alan Calnan

Alan Calnan

Instrumentalists and deontologists have long battled for an exclusive theory of private law. The instrumentalists have argued that private law is merely a means to achieving any number of political or social ends. Deontologists, by contrast, have contended that the law seeks only the moral end of justice and cannot be used for anything else. In this article, I critique these extreme positions and offer an intermediate theory called “instrumental justice.” I show that the absolute instrumental view is elusive, illusory, and illiberal, while the absolute deontological view is incoherent, implausible, and in one critical respect, impossible. Instrumental justice avoids ...


Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce MacDougall 2009 University of British Columbia

Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall

Donn Short

Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual ...


No Bueno, Buono: An Essay On Salazar V. Buono And Establishment Clause Remedies, David Owens 2009 Stanford University

No Bueno, Buono: An Essay On Salazar V. Buono And Establishment Clause Remedies, David Owens

David B. Owens

Atop Sunrise Rock in the Mojave Desert sat a Latin Cross. The only problem, for some, was that this land happened to be owned by the federal government. After contentious litigation, the cross was deemed a violation of the Establishment Clause, and the district court issued an injunction forbidding the cross to remain. That judgment became final and unreviewable, but the district court’s subsequent remedial action—declaring invalid Congress’ attempt to sell only a small “donut” of land around the cross—was not. Congress’ interesting end-around spawned further litigation and an order by the district court modifying the injunction ...


Restriction And Rhetoric: A Critique Of The Constitutional Prohibition Against Foreign Ownership In Philippine Mass Media, Dr. Diane Desierto 2009 Peking University School of Transnational Law

Restriction And Rhetoric: A Critique Of The Constitutional Prohibition Against Foreign Ownership In Philippine Mass Media, Dr. Diane Desierto

Dr. Diane A Desierto

No abstract provided.


Can Criminal Law Be Controlled?, Darryl Brown 2009 University of Virginia School of Law

Can Criminal Law Be Controlled?, Darryl Brown

Darryl K. Brown

This review of Douglas Husak's 2008 book, Overcriminalization: The Limits of the Criminal Law, summarizes and largely endorses Husak's normative argument about the indefensible expansiveness of much contemporary criminal liability. It then offers a skeptical (or pessimistic) argument about the possibilities for a normative theory such as Husak's to have much effect on criminal justice policy in light of the political barriers to reform.


Massachusetts Legal Research, E. Joan Blum 2009 Boston College Law School

Massachusetts Legal Research, E. Joan Blum

E. Joan Blum

Massachusetts Legal Research is a concise guide to researching Massachusetts law and to the general process of legal research. Its intended audience includes law students as well as practitioners and paralegals. Extensive treatment of the research process—with Massachusetts and federal examples—makes this book suitable as a stand-alone text for an introductory legal research course. Chapters discussing how to locate and use specific Massachusetts sources make this book a useful quick reference guide for the Massachusetts lawyer or paralegal.


A Loss For Words: "Religion" In The First Amendment, Mason Binkley, J.D. 2009 Selected Works

A Loss For Words: "Religion" In The First Amendment, Mason Binkley, J.D.

Mason Binkley, Esq.

No abstract provided.


Comprehensive Law: Transformative Responses By The Legal Profession, Susan Daicoff 2009 Arizona Summit Law School

Comprehensive Law: Transformative Responses By The Legal Profession, Susan Daicoff

Susan Daicoff

No abstract provided.


Stanley In Cyberspace: Why The Privacy Protection Of The First Amendment Should Be More Like That Of The Fourth, Marc Blitz 2009 Oklahoma City University

Stanley In Cyberspace: Why The Privacy Protection Of The First Amendment Should Be More Like That Of The Fourth, Marc Blitz

Marc J. Blitz

No abstract provided.


Data Sharing, Latency Variables And The Science Commons, Jorge Contreras 2009 Washington University in St Louis

Data Sharing, Latency Variables And The Science Commons, Jorge Contreras

Jorge L Contreras

Over the past decade, the rapidly decreasing cost of computer storage and the increasing prevalence of high-speed Internet connections have fundamentally altered the way in which scientific research is conducted. Led by scientists in disciplines such as genomics, the rapid sharing of data sets and cross-institutional collaboration promise to increase scientific efficiency and output dramatically. As a result, an increasing number of public “commons” of scientific data are being created: aggregations intended to be used and accessed by researchers worldwide. Yet, the sharing of scientific data presents legal, ethical and practical challenges that must be overcome before such science commons ...


Iqbal And The Slide Toward Restrictive Procedure, 2009 Selected Works

Iqbal And The Slide Toward Restrictive Procedure

A. Benjamin Spencer

No abstract provided.


Bermuda's Legacy: Policy, Patents And The Genome Commons, Jorge Contreras 2009 Washington University in St Louis

Bermuda's Legacy: Policy, Patents And The Genome Commons, Jorge Contreras

Jorge L Contreras

The multinational effort to sequence the human genome generated vast quantities of data about the genetic make-up of humans and other organisms. But, in some respects, even more remarkable than the impressive quantity of data generated by the human genome project (HGP) is the speed at which that data has been released to the public. At a 1996 summit in Bermuda, leaders of the scientific community agreed on a groundbreaking set of principles requiring that all DNA sequence data be released in publicly-accessible databases within twenty-four hours after generation. These “Bermuda Principles” contravened the typical practice in the sciences of ...


Grizzly Bears, Gray Wolves And Federalism, Oh My! The Role Of The Endangered Species Act In De Facto Ecosystem-Based Management In The Greater Glacier Region Of Northwest Montana, 2009 Selected Works

Grizzly Bears, Gray Wolves And Federalism, Oh My! The Role Of The Endangered Species Act In De Facto Ecosystem-Based Management In The Greater Glacier Region Of Northwest Montana

Timothy P Duane

This Article, which examines both current and historic grizzly bear (Ursus arctos) and gray wolf (Canis lupus) recovery and habitat conservation efforts in the Greater Glacier Region of northwestern Montana, reviews and evaluates the aggregated effects of local, state, federal and tribal regulatory actors on the eco-regional success of grizzly and wolf recovery and habitat conservation and the role the Endangered Species Act has played in these efforts. While regulatory actors operate in close proximity to each other in and around Glacier National Park, clear jurisdictional boundaries limit the scope of their respective state, federal and tribal authority over the ...


The Google Book Settlement And The Fair Use Counterfactual, 2009 Selected Works

The Google Book Settlement And The Fair Use Counterfactual

Matthew Sag

The sprawling Google Book litigation began as a dispute between the search engine colossus and a variety of authors and publishers over the legality of book digitization for the purpose of indexing paper collections and making them searchable. However, through the metamorphic power of class-action litigation, a dispute over mere indexing and search has been transformed into a comprehensive agreement over the future of the book as a digital commodity. Understanding this transformation and its implications is the central ambition of this Article. It does so by comparing the pending (now amended) Google Book settlement to the most likely outcome ...


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