Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

367528 Full-Text Articles 146653 Authors 139003866 Downloads 360 Institutions

All Articles in Law

Faceted Search

367528 full-text articles. Page 6583 of 6591.

Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison 2009 University of PIttsburgh

Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison

Michael J. Madison

The Supreme Court’s copyright jurisprudence of the last 100 years has embraced the creativity trope. Spurred in part by themes associated with the story of “romantic authorship” in the 19th and 20th centuries, copyright critiques likewise ask, “Who is creative?” “How should creativity be protected (or not) and encouraged (or not)?” and “ Why protect creativity?” Policy debates and scholarship in recent years have focused on the concept of creativity in framing copyright disputes, transactions, and institutions, reinforcing the notion that these are the central copyright questions. I suggest that this focus on the creativity trope is unhelpful. I argue ...


This Is Not A Symposium On How To Commit Fraud, But If It Were..., Harvey Gilmore 2009 Monroe College

This Is Not A Symposium On How To Commit Fraud, But If It Were..., Harvey Gilmore

Harvey Gilmore

We know the names: Bernard Madoff , Kenneth Lay , Jeffrey Skilling , Andrew Fastow , Dennis Kozlowski , Phillip R. Bennett , and Bernard Ebbers . These are but a few of the biggest corporate thieves in recent memory. Similarly, the names of certain corporations will also conjure up lasting images of massive corporate frauds: Enron , World-Com , Tyco , Adelphia , Refco , Global Crossing , and Sunbeam , again, to name just a few.


Section 2(B) Advertising Rights On Government Property: Greater Vancouver Transportation Authority, A New Can Of Worms And The Liberty Two-Step?, Elaine Craig 2009 Selected Works

Section 2(B) Advertising Rights On Government Property: Greater Vancouver Transportation Authority, A New Can Of Worms And The Liberty Two-Step?, Elaine Craig

Elaine Craig

The Court’s recent decision in Vancouver Transportation is problematic for two reasons. First, the majority adopts an analytical framework for determining whether a claim triggers the positive rights/Baier analysis that essentially means that policies that restrict expressive rights based on groups rather than content will be very unlikely to fall within the scope of section 2(b). A better approach would be to characterize section 2(b) cases based on the nature of the claim rather than the nature of the restriction and to only apply the positive rights Baier/Dunmore criteria where the claim is for the ...


Unbranding, Confusion & Deception, Aaron K. Perzanowski 2009 Case Western Reserve University

Unbranding, Confusion & Deception, Aaron K. Perzanowski

Aaron K. Perzanowski

This Article addresses the phenomenon of unbranding. Unbranding occurs when a firm chooses to discontinue its use of a brand that has developed negative associations among consumers in favor of a new brand, often in hopes of escaping the consequences of inferior products or illegal activity. Companies like AIG, Blackwater, Philip Morris, and WorldComm have all employed this strategy in recent years. Unbranding represents a striking departure from branding orthodoxy, which stresses the maintenance of brand equity through the gradual evolution of a brand. After examining the factors that prompt firms to take the radical step of eliminating an established ...


The Effect Of Representational Gender On Policy Preferences In U.S. Municipalities, Mirya R. Holman 2009 Florida Atlantic University

The Effect Of Representational Gender On Policy Preferences In U.S. Municipalities, Mirya R. Holman

Mirya R Holman

The research presented here explores the effect of gender and gender consciousness on the policy preference of local elected officials. Remedying a gap in the scholarship on women in local office, I examine the attitudes of mayors and council members on a variety of urban policy issues. First positing a gender gap theory of representative attitudes, I find almost no differences in policy preferences between men and women serving in local office. As an alternative, I posit and test a gender consciousness theory of policy preferences. Using open-ended survey data, I find that possessing a gender consciousness has a significant ...


A Closer Look: A Symposium Among Legal Historians And Law Librarians To Uncover The Spanish Roots Of Louisiana Civil Law, Vicenç Feliú, Dennis Kim-Prieto, Teresa Miguel 2009 Villanova University School of Law

A Closer Look: A Symposium Among Legal Historians And Law Librarians To Uncover The Spanish Roots Of Louisiana Civil Law, Vicenç Feliú, Dennis Kim-Prieto, Teresa Miguel

Vicenç Feliú

The debate regarding whether the origin of Louisiana civil law is based in the Spanish or in the French legal tradition has been ongoing since that state’s incorporation into the United States as a result of the Louisiana Purchase. Distinguished legal scholars have argued in favor of one tradition being dominant over the other, and each has been staunch in support of that view. This article proposes and demonstrates that the Spanish, not French, civil law had an enormous influence on the creation and evolution of Louisiana civil law, and that this legacy resonates today.

The article begins with ...


Commerce In The Commerce Clause: A Response To Jack Balkin, David B. Kopel, Robert G. Natelson 2009 Independence Institute

Commerce In The Commerce Clause: A Response To Jack Balkin, David B. Kopel, Robert G. Natelson

Robert G. Natelson

The Constitution’s original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island’s ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin’s article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution’s Commerce Clause a scope that virtually no one in the Founding Era believed it had.


China, A Sui Generis Case For The Western Rule-Of-Law Model, Jialue Li 2009 Georgetown University Law Center

China, A Sui Generis Case For The Western Rule-Of-Law Model, Jialue Li

Jialue Charles Li

This article synthesizes the Chinese rule of law theories based on their historic and theoretical development in China, and offers in-depth comparison between the Western and Chinese rule of law models. The current rule of law discussions about China usually premise on the Western rule of law model. The article first summarizes the Western framework in broad categories of substantive theory versus formal theory. But it goes further and explores how these concepts apply in the real world, especially in the context of American jurisprudence. The in-depth analysis of the Western rule of law theories, both at the theoretical and ...


Ordinary Creativity In Patent Law: The Artist Within The Scientist, Amy L. Landers 2009 Drexel University School of Law

Ordinary Creativity In Patent Law: The Artist Within The Scientist, Amy L. Landers

Amy L Landers

Patent law is intended to promote the creativity of scientists and engi-neers. The system recognizes that the work of the individual is the engine that ultimately increases the state of scientific knowledge. As economist Paul Romer recognized, “Technological advance comes from things that people do.” Furthering creativity represents the constitutional, theoretical and doc-trinal heart of patent law. Yet the field has not meaningfully evaluated the fundamental question of what creativity is. Using theories from psychology, sociology, history and the philosophy of science, this work examines and pro-poses how patent law can formulate a legal conception of creativity.

To undertake this ...


Exhaustion Of Administrative Remedies In Immigration Cases: Finding Jurisdiction To Review Unexhausted Claims The Board Of Immigration Appeals Considers Sua Sponte On The Merits, Larry R. Fleurantin 2009 Larry R. Fleurantin & Associates, P.A.

Exhaustion Of Administrative Remedies In Immigration Cases: Finding Jurisdiction To Review Unexhausted Claims The Board Of Immigration Appeals Considers Sua Sponte On The Merits, Larry R. Fleurantin

Larry R. Fleurantin

In order for an appellate court to review an agency action, the action must be final and all administrative remedies must be exhausted. With regard to the exhaustion requirement, the author examines how the majority of circuits have held that federal circuit courts have jurisdiction to review immigration claims considered sua sponte by the Board of Immigration Appeals. However, the Eleventh Circuit seems to be the one outlier finding no jurisdiction, and the author believes the holding in Amaya-Artunduaga v. United States Attorney General to be incorrect and recommends it be overruled


Accommodations And Modifications In The New York City Housing Court For Litigants With Disabilities, Gerald Lebovits 2009 Columbia, Fordham & NYU Law Schools

Accommodations And Modifications In The New York City Housing Court For Litigants With Disabilities, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Justice Souter On Government Speech, Sheldon Nahmod 2009 Chicago-Kent College of Law

Justice Souter On Government Speech, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo 2009 University of Nevada - Reno

Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo

Richard A. Leo

Many cases could not be successfully prosecuted without a confession, and, in the absence of a confession, many would be much more costly to investigate and to develop other evidence sufficient to convict. Responding to this pressure to reliably elicit confessions from their suspects, the police have developed sophisticated psychological techniques to accomplish two goals: to induce suspects to submit to questioning without an attorney, and to induce them to confess. Unfortunately, these methods are sufficiently powerful to induce false as well as true confessions and to render them involuntary. Further, because they are based upon often subtle, yet sophisticated ...


Who Watches The Watchmen? 'Vigilant Doorkeeping,' The Alien Tort Statute, & Possible Reform, Keith A. Petty 2009 U.S. Judge Advocate General's Corps

Who Watches The Watchmen? 'Vigilant Doorkeeping,' The Alien Tort Statute, & Possible Reform, Keith A. Petty

Keith A. Petty

The Alien Tort Statute (ATS) allows alien plaintiffs to file civil actions in U.S. district courts for torts violating the law of nations or U.S. treaties. After the 2nd Circuit’s Filartiga decision in 1980, the debate began as to whether the ATS was a useful tool against human rights violators or an intrusion into U.S. foreign relations. In 2004, the Supreme Court in Sosa v. Alvarez-Machain resolved some of the questions left open by Filartiga.

Sosa concluded that ATS claims must be limited to law of nations violations as well defined as those recognized in 1789 ...


Free And Compulsory Education: A Social Revolution, Ranganath Vadapalli VG. 2009 Faculty of Law, ICFAI Foundation for Higher Education (IFHE)

Free And Compulsory Education: A Social Revolution, Ranganath Vadapalli Vg.

Dr. V.G.Ranganath

“The Roots of Violence: Wealth without work, Pleasure without conscience, Knowledge without character, Commerce without morality, Science without humanity, Worship without sacrifice, Politics without principles”-Mahatma Gandhi “Politics without principles, Education without character, Science without humanity, and Commerce without morality are not only useless, but also positively dangerous.” Sri Sathya Sai Baba “Children of India are our future”-Hon’ble Prime Minister Manmohan Singh


Putting The World Back Together? Recovering Faithful Citizenship In A Postmodern Age, Harry G. Hutchison 2009 George Mason University School of Law

Putting The World Back Together? Recovering Faithful Citizenship In A Postmodern Age, Harry G. Hutchison

Harry G. Hutchison

Archbishop Chaput’s book, Render Unto Caesar, signifies the continuation of an impressive and persistent debate about what is means to be Catholic and how Catholics should live out the teachings of the Church in political life in our postmodern society. Render Unto Caesar provides evidence that the America’s identity and future are endangered by trends reifying radical human autonomy and choice. New threats surface in the form of legislation and judicial interpretations permitting choices that were once considered criminal to be accepted. This trend has been accompanied, if not facilitated, by U.S. Supreme Court decisions that have ...


Standardization As A Solution To The Reading Costs Of Form Contracts, Abraham L. Wickelgren 2009 University ofTexas at Austin

Standardization As A Solution To The Reading Costs Of Form Contracts, Abraham L. Wickelgren

Abraham L. Wickelgren

It is well-known that a monopolist cannot commit to offer a high quality contract to a consumer reading costs are postive. This paper shows that this also holds in a competitive environment with consumer heterogeneity if the contract space is unrestricted. If firms can offer standardized contracts from a finite set, however, each with a standardized name, this paper shows that, when reading costs are not too large, there exists an equilibrium in which firms offer the most efficient contracts from the set of named contracts and consumers purchase the most efficient contracts offered without incurring any reading costs.


When Is Tax Enforcement Publicized? (With Daniel Z. Levin), Joshua D. Blank 2009 NYU School of Law

When Is Tax Enforcement Publicized? (With Daniel Z. Levin), Joshua D. Blank

Joshua D. Blank

Every spring, the federal government appears to deliver an abundance of announcements that describe criminal convictions and civil injunctions involving taxpayers who have been accused of committing tax fraud. Commentators have occasionally suggested that the government announces a large number of tax enforcement actions in close proximity to a critical date in the tax compliance landscape: April 15, “Tax Day.” Despite their provocative implications, these claims are speculative at best, as they lack any empirical support. This Article fills the empirical void by seeking to answer a straightforward question: when does the government publicize tax enforcement? To conduct our study ...


Memorandum Of Law, Angela R. Passaro 2009 New Vision Organization

Memorandum Of Law, Angela R. Passaro

Angela R Passaro

No abstract provided.


Some Optimism About Fair Use And Copyright Law, Michael J. Madison 2009 University of PIttsburgh

Some Optimism About Fair Use And Copyright Law, Michael J. Madison

Michael J. Madison

This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.


Digital Commons powered by bepress