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Articles 1021 - 1050 of 1722
Full-Text Articles in Entire DC Network
The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner
The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner
St. Thomas Law Review
No abstract provided.
The Role Of Judicial Issues In Presidential Campaigns, William G. Ross
The Role Of Judicial Issues In Presidential Campaigns, William G. Ross
Santa Clara Law Review
No abstract provided.
U.S. Plant Variety Protection: Sound And Fury...?, Mark D. Janis, Jay P. Kesan
U.S. Plant Variety Protection: Sound And Fury...?, Mark D. Janis, Jay P. Kesan
Articles by Maurer Faculty
This Article offers a critical reassessment of U.S. approaches to intellectual property protection for plant innovation. Three developments make this reassessment timely. First, the Supreme Court has finally confirmed that utility patent claims to plants and seeds satisfy the 35 U.S.C. Section 101 subject matter eligibility requirement. Plant innovation in the United States is now subject to utility patent protection, as well as concurrent protection under the Plant Variety Protection Act (PVPA). However, little work has been done to explain the role of PVPA protection in a system of concurrent protection, or to develop a coherent policy vision within which …
Human Cloning: Myths, Medical Benefits And Constitutional Rights, Mark D. Eibert
Human Cloning: Myths, Medical Benefits And Constitutional Rights, Mark D. Eibert
UC Law Journal
No abstract provided.
The Problem Of Confederate Symbols: A Thirteenth Amendment Approach, Alexander Tsesis
The Problem Of Confederate Symbols: A Thirteenth Amendment Approach, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein
Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein
University of Colorado Law Review
No abstract provided.
Legal Aid, Frederick H. Zemans
Constitutional Law: Affirmative Action In The Public Sector: The Admissibility Of Post-Enactment Evidence Of Discrimination To Provide A Compelling Governmental Interest, Andrew C. Jayne
Oklahoma Law Review
No abstract provided.
Justice For Perpetrators And Victims Of Apartheid Who Fall Outside The Scope Of The Truth And Reconciliation Commission’S Mandate, Christopher J. Roederer, Kevin Hopkins
Justice For Perpetrators And Victims Of Apartheid Who Fall Outside The Scope Of The Truth And Reconciliation Commission’S Mandate, Christopher J. Roederer, Kevin Hopkins
School of Law Faculty Publications
The legislation that gave birth to the Truth and Reconciliation Commission provides for the possibility of amnesty to the perpetrators of certain crimes and delicts. It also provides for the possibility of reparations to the victims of apartheid who suffered as a result of their human rights being grossly violated. The problem with the legislation is that it is only competent to deal with matters falling within its ambit, but there are numerous issues that still need to be addressed which clearly fall outside of it. One might be tempted to say that such issues falling beyond the scope of …
The Twilight Of Organizational Form For Charity: Musings On Norman Silber, A Corporate Form Of Freedom: The Emergence Of The Modern Nonprofit Sector, Evelyn Brody
Hofstra Law Review
Norman Silber's exploration of a near-century of jurisprudential subjectivity reveals an extraordinary hunger for uniformity in the conception of the public good. In 1961, the New York Court of Appeals effectively ended the practice of substantive judicial review of nonprofit charters when it ordered the lower court to approve the articles of a white supremacist group. In the end, judicial discretion over charity incorporation fell during the general social rebellion against orthodoxy, the rise of advocacy and identity groups (notably the NAACP), the legal-process reform against ad-hoc judicial rulings in favor of administrative deliberation and consistency, and the reconception of …
Those Who Remember The Past May Not Be Condemned To Repeat It, Stephan Landsman
Those Who Remember The Past May Not Be Condemned To Repeat It, Stephan Landsman
Michigan Law Review
In The Hague, Slobodan Milosevic is on trial for crimes committed in Bosnia, Kosovo and Croatia; in Arusha, Tanzania, Jean Paul Akayasu, a Rwandan bourgmestre, was convicted of genocide; in London, Augusto Pinochet was detained and adjudged amenable to an arrest warrant issued by a Spanish magistrate for acts of torture carried out in Chile; in Belgium, a Hutu Roman Catholic former mother superior was convicted of complicity in the Rwandan genocide; and in Rome a treaty was signed commencing the process that will result in the creation of the International Criminal Court ("ICC"). All these events underscore the startling …
War And The Business Corporation, Eric W. Orts
War And The Business Corporation, Eric W. Orts
Vanderbilt Journal of Transnational Law
This Article addresses the relationship between modern warfare and business corporations. The Article begins by considering the nature of war, emphasizing the effects of globalization and the changing importance of national boundaries. The Article reviews leading theories of war and focuses on how the growth of multinational corporations in economic and political power has begun to rival the power of nation-states. Next, the Article addresses the nature of the business corporation in the context of modern war by surveying standard legal, ethical, and economic understandings of corporate governance. The Article concludes by arguing that the recognition of the moral and …
Teacher, Student, Ticket: John Frank, Leon Higginbotham, And One Afternoon At The Supreme Court--Not A Trifling Thing, John Q. Barrett
Teacher, Student, Ticket: John Frank, Leon Higginbotham, And One Afternoon At The Supreme Court--Not A Trifling Thing, John Q. Barrett
Faculty Publications
A path to greatness often begins with a special teacher, and this is such a story. In the fall of 1949, John P. Frank was a new associate professor at the Yale Law School. This story also involves a young student. In autumn 1949, A. Leon Higginbotham, Jr., was a first year law student at Yale. Higginbotham, a 21-year-old black man from Trenton, New Jersey, had attended Purdue University and, after transferring, graduated from Antioch College in 1949. Leon Higginbotham was one of three black students who entered Yale Law School in fall 1949. Higginbotham met John Frank when he …
Wrestling With Jefferson: The Struggles Of A Biographer, Richard B. Bernstein
Wrestling With Jefferson: The Struggles Of A Biographer, Richard B. Bernstein
Articles & Chapters
No abstract provided.
Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram
Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram
Case Western Reserve Law Review
No abstract provided.
The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner
The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner
Faculty Articles
No abstract provided.
A Historical Approach To The Contractual Ties That Bind Parties Together, C.M.A. Mccauliff
A Historical Approach To The Contractual Ties That Bind Parties Together, C.M.A. Mccauliff
Fordham Law Review
No abstract provided.
Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich
Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich
Articles
This Essay begins by analyzing the way American legal theory has failed to adequately address the challenges and insights of grammatology, the philological critique of the language of law initiated with Jacques Derrida's work Of Grammatology. Professor Goodrich traces the form that this failed confrontation took and then outlines how this philological critique ought to inform a study of law. Importantly for Professor Goodrich, the grammatological approach to law provides ways of analyzing not just the written legal text, but also the effects of new media technologies on the law more broadly. The changes in the law brought about by …
Product Liability And The Politics Of Corporate Presence: Identity And Accountability In Macpherson V. Buick, Jonathan Kahn
Product Liability And The Politics Of Corporate Presence: Identity And Accountability In Macpherson V. Buick, Jonathan Kahn
Loyola of Los Angeles Law Review
No abstract provided.
An Arrow To The Heart: The Love And Death Of Postmodern Legal Scholarship, Stephen M. Feldman
An Arrow To The Heart: The Love And Death Of Postmodern Legal Scholarship, Stephen M. Feldman
Vanderbilt Law Review
Modernist legal writers, including Dennis Arrow in his well-known Pomobabble article, commonly criticize postmodern legal scholars for being muddle-headed nihilistic thinkers who write indecipherable jargon-filled nonsense and lack political convictions. Professor Feldman responds to these and other related criticisms and, in doing so, explains some key components of postmodernism. For instance, he describes how the pervasiveness of postmodern culture infuses legal scholarship with certain postmodern themes. Ironically, then, even the most vehement critics, like Arrow, display a surprising if unwitting affinity for postmodernism. Finally, in order to deflect precipitate denunciations of postmodernism, Professor Feldman suggests a refinement of terms, dividing …
The Declaration Of Independence: A 225th Anniversary Re-Interpretation, Carlton F.W. Larson
The Declaration Of Independence: A 225th Anniversary Re-Interpretation, Carlton F.W. Larson
Washington Law Review
The importance of the Declaration of Independence to American law has been obscured by dubious associations with natural rights jurisprudence. Legal scholars have therefore overlooked the numerous ways in which the Declaration is relevant to a host of legal issues. Ample textual and historical evidence demonstrates that the Declaration, not the Articles of Confederation or the Constitution, legally constituted the United States of America as a distinct nation in the world community. The Declaration was not the act of thirteen states declaring their individual independence, but the act of one American people announcing the birth of an American nation. Nor …
Introductory Essay: The Relevance Of Gender Bias Studies, Blake D. Morant
Introductory Essay: The Relevance Of Gender Bias Studies, Blake D. Morant
Washington and Lee Law Review
No abstract provided.
Book Review: Punishment In Disguise: Penal Governance And Federal Imprisonment Of Women In Canada, By Kelly Hannah-Moffat, Amanda Glasbeek
Book Review: Punishment In Disguise: Penal Governance And Federal Imprisonment Of Women In Canada, By Kelly Hannah-Moffat, Amanda Glasbeek
Osgoode Hall Law Journal
No abstract provided.
Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles
Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles
Law Faculty Publications
No abstract provided.
Of Claiming The Law: The Distress Of The Wanderer, Trisha Olson
Of Claiming The Law: The Distress Of The Wanderer, Trisha Olson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Teaching The Law Of Race (Book Review), Anthony V. Alfieri
Teaching The Law Of Race (Book Review), Anthony V. Alfieri
Articles
No abstract provided.
The Neglected History Of The Prior Restraint Doctrine: Rediscovering The Link Between The First Amendment And The Separation Of Powers, Michael I. Meyerson
The Neglected History Of The Prior Restraint Doctrine: Rediscovering The Link Between The First Amendment And The Separation Of Powers, Michael I. Meyerson
All Faculty Scholarship
The prior restraint doctrine, once so fundamental to Constitutional Jurisprudence, has lost much of its effectiveness over the years. Nevertheless, prior restraint doctrine is crucial to preserving the line between protected and unprotected speech. One of the fundamental problems that contribute to the current ineffectiveness of prior restraint doctrine is that there exists no comprehensive definition of "prior restraint". This article chronicles the historical roots of prior restraint in order to arrive at a generally accepted legal definition. Through the course of this historical journey, the article yields a heretofore unexplored aspect of prior restraint doctrine, namely that prior restraint …
Nurturing In The Service Of White Culture: Racial Subordination, Gestational Surrogacy, And The Ideology Of Motherhood, April L. Cherry
Nurturing In The Service Of White Culture: Racial Subordination, Gestational Surrogacy, And The Ideology Of Motherhood, April L. Cherry
Law Faculty Articles and Essays
I approach the question of race, motherhood, and gestational surrogacy, by looking at courts' opinions in the case of Johnson v. Calvert and the racialized institution of motherhood. In the next section, I discuss motherhood as a social institution. I contrast some of the radical feminist critiques of motherhood, which recognize motherhood as institutionalized and compulsory, with Black feminist criticism, which understands motherhood as a site of power for African-American women. In Section III, I discuss the current popular understanding of the cultural and legal dictates of institutionalized motherhood from a historical perspective, focusing on the late eighteenth and early …
Church-State Constitutional Issues: Making Sense Of The Establishment Clause And That Godless Court?: Supreme Court Decision On Church-State Relationships (Book Reviews), Michael Ariens
Faculty Articles
No abstract provided.
The Language Of Law And The Language Of Business, Spencer Weber Waller
The Language Of Law And The Language Of Business, Spencer Weber Waller
Faculty Publications & Other Works
No abstract provided.