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

Law Commons

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

456,361 Full-Text Articles 174,541 Authors 178,014,929 Downloads 408 Institutions

All Articles in Law

Faceted Search

456,361 full-text articles. Page 7665 of 7673.

Right To Withhold Performance Under Iberoamerican Law, Edgardo Muñoz 2009 Universidad Panamericana, Guadalajara

Right To Withhold Performance Under Iberoamerican Law, Edgardo Muñoz

Edgardo Muñoz

Modern practice shows that the most efficient remedies for breach of contract are still those that avoid the unnecessary transfer of assets among the parties. Thus, for example, the right to withhold performance protects one party from incurring unnecessary loss caused by performing his own obligation without receiving the counter-performance from the other party, likewise, the right to avoid the contract, even before the time of performance, if it becomes apparent that one of the parties will not duly fulfil his obligations, prevents expenses in an unnecessary continuation of a contract. As these remedies evidently oppose the core pacta sun ...


Impossibility, Hardship And Exemption Under Iberoamerican Contract Law, Edgardo Muñoz 2009 Universidad Panamericana, Guadalajara

Impossibility, Hardship And Exemption Under Iberoamerican Contract Law, Edgardo Muñoz

Edgardo Muñoz

No abstract provided.


Fred Schwartz, An Ocu Original, Paula J. Dalley 2009 Oklahoma City University School of Law

Fred Schwartz, An Ocu Original, Paula J. Dalley

Paula J. Dalley

No abstract provided.


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 ...


Patent Valuation Theory And The Economics Of Improvement, Amy L. Landers 2009 Drexel University School of Law

Patent Valuation Theory And The Economics Of Improvement, Amy L. Landers

Amy L. Landers

In her response to Professor Golden's Principles of Patent Remedies, Professor Landers identifies three threads that underlie the debate on patent remedies. First, patent value may be difficult to define because of certain indeterminacies. Second, economic and technological contingencies may distort the amounts paid for patents. Third, principles of adaptation and implementation might bring the field to a theoretical consensus about patent value. After analyzing Prof. Golden’s principles in the context of each thread, Prof. Landers proposes that, in order to bridge the differences in current theoretical viewpoints, the explicit addition of the economics of improvement is necessary.


Addressing Domestic Violence Through The Law: A Guide To - The Protection Of Women From Domestic Violence Act, 2005, Saumya Uma 2009 National Law School of India University

Addressing Domestic Violence Through The Law: A Guide To - The Protection Of Women From Domestic Violence Act, 2005, Saumya Uma

Dr. Saumya Uma

The book is essentially a guide to the use of Protection of Women from Domestic Violence Act (PWDVA), 2005. Intended for the use of district lawyers, as well as other concerned members of the civil society, the book is in a question and answer format, containing an analysis of the provisions and impact of the law, as well as extracts of landmark judgments of the High Courts and the Supreme Court of India. It has been printed in both English and Hindi.


Kandhamal: The Law Must Change Its Course, Saumya Uma 2009 National Law School of India University

Kandhamal: The Law Must Change Its Course, Saumya Uma

Dr. Saumya Uma

The tragedy of Kandhamal, a district of Orissa in eastern India, is that the attack on the Christian community was familiar and the subsequent failure of the legal system to accord justice to the victim-survivors predictable. This book critically examines the patterns of impunity as they unfold in Kandhamal. There is today a vibrant debate seeking legal reform to ensure accountability for mass crimes by extending culpability to those who sponsor and profit from the carnage. Rooted in the firm belief that without justice there can be no peace, this book seeks to contribute to the effort to forge new ...


Remarks - Strengthening The Prohibition Against Torture The Evolution Of The Un Committee Against Torture, Claudio M. Grossman 2009 American University Washington College of Law

Remarks - Strengthening The Prohibition Against Torture The Evolution Of The Un Committee Against Torture, Claudio M. Grossman

Claudio M. Grossman

No abstract provided.


Protection Of Traditional Knowledge / Traditional Cultural Expression -- Evolving A Sui Generis Model For India, Srividhya Ragavan 2009 University of Oklahoma College of Law

Protection Of Traditional Knowledge / Traditional Cultural Expression -- Evolving A Sui Generis Model For India, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


The Dispute Settlement Process Of The Wto: A Normative Structure To Achieve Utilitarian Objectives, Srividhya Ragavan, Brian Manning 2009 University of Oklahoma College of Law

The Dispute Settlement Process Of The Wto: A Normative Structure To Achieve Utilitarian Objectives, Srividhya Ragavan, Brian Manning

Srividhya Ragavan

No abstract provided.


Mcdonald V. City Of Chicago, 130 S.Ct. 3020 (2010), Justice Breyer Dissenting Opinion At Page 911.Pdf, William G. Merkel 2009 University of South Carolina School of Law

Mcdonald V. City Of Chicago, 130 S.Ct. 3020 (2010), Justice Breyer Dissenting Opinion At Page 911.Pdf, William G. Merkel

William G. Merkel

Merkel, The District of Columbia v. Heller and Antonin Scalia's Perverse Sense of Originalism, 13 Lewis & Clark L.Rev. 349 (2009), cited in Justice Breyer's dissenting opinion, beginning on page 3120, at page 3121.


Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson 2009 University of California Hastings College of Law

Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson

Scott Dodson

No abstract provided.


O'Connell V. Chapman Univ., No. 10-810, Scott Dodson 2009 University of California Hastings College of Law

O'Connell V. Chapman Univ., No. 10-810, Scott Dodson

Scott Dodson

No abstract provided.


Justice Souter And The Civil Rules, Scott Dodson 2009 University of California Hastings College of Law

Justice Souter And The Civil Rules, Scott Dodson

Scott Dodson

Justice Souter’s recent retirement from the Court after nearly twenty years presents a unique opportunity to comment on his legacy. No doubt others will eulogize or castigate him for his membership in the Planned Parenthood v. Casey troika, but there is much more to the man and his jurisprudence. Indeed, the danger is that Justice Souter will be pigeonholed into one opinion, an opinion that he wrote early in his Supreme Court career, to the detriment of understanding the complex justice that he was. This short essay therefore analyzes a unique set of opinions—those that he authored on ...


New Pleading, New Discovery, Scott Dodson 2009 University of California Hastings College of Law

New Pleading, New Discovery, Scott Dodson

Scott Dodson

Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad access to the civil justice system. New Pleading, after the landmark Supreme Court cases of Twombly and Iqbal, is focused on factual sufficiency, with the purpose of screening out meritless cases that otherwise might impose discovery costs on defendants. The problem with New Pleading is that factual sufficiency often is a poor proxy for meritlessness. Some plaintiffs lack sufficient factual knowledge of the elements of their claims not because the claims lack merit but because the information they need is ...


Comparative Convergences In Pleading Standards, Scott Dodson 2009 William & Mary Law School

Comparative Convergences In Pleading Standards, Scott Dodson

Scott Dodson

Comparative civil procedure has had little influence in American jurisprudence and commentary, in part because of American procedure’s deep and widespread exceptionalism. But this may be changing, at least in certain areas. The American notice pleading standard, for example, which has long been considered exceptional, shows signs of trending toward the fact pleading models of foreign countries. Congressional experimentation with heightened pleading in statutes such as the Private Securities Litigation Reform Act and the Supreme Court’s recent pronouncement in Bell Atlantic v. Twombly suggest that American pleading jurisprudence is moving away from its traditionally exceptionalist corner and towards ...


Introduction To Law's Allure Symposium: Law And Politics - An Old Distinction, New Problems, Mark A. Graber 2009 University of Maryland Francis King Carey School of Law

Introduction To Law's Allure Symposium: Law And Politics - An Old Distinction, New Problems, Mark A. Graber

Mark Graber

No abstract provided.


Åldersdiskriminering Och Några Anställningsskydssrelaterade Frågor, Ann Numhauser-Henning 2009 Lund University

Åldersdiskriminering Och Några Anställningsskydssrelaterade Frågor, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.


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

Marc J. Blitz

No abstract provided.


An Educational Approach To School Food: Using Nutrition Standards To Promote Healthy Dietary Habits, Timothy D. Lytton 2009 Albany Law School

An Educational Approach To School Food: Using Nutrition Standards To Promote Healthy Dietary Habits, Timothy D. Lytton

Timothy D. Lytton

This article proposes a novel approach to school food reform that promotes healthy dietary habits. Daily aggregate nutrition standardization (DANS) assigns each student an individualized standard to monitor the nutritional quality of all food provided to that student in school at any time of the day, including meals and snacks, whether from the cafeteria, vending machines, bake sales, or in class. DANS would enable schools to track all foods purchased by or served to a student each day and to compare the nutritional content of those foods to a nutrition standard appropriate for that student. Cafeteria registers and vending machines ...


Digital Commons powered by bepress