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Articles 871 - 900 of 1722
Full-Text Articles in Entire DC Network
Popular Constitutionalism As Political Law, Mark Tushnet
Popular Constitutionalism As Political Law, Mark Tushnet
Chicago-Kent Law Review
The People Themselves develops the idea that constitutional law is a special kind of law, political law. Examining some of the book's reviews, this Article explains how political law can be developed through relatively unstructured interactions among the people, political leaders in Congress and the presidency, and the courts. It argues that understanding how constitutional law as political law is developed requires, not the development of crisp analytic criteria, but close historical analysis of particular interactions. The Article identifies criteria for evaluating how popular constitutionalism compares to judicial review as a mechanism for enforcing constitutional rights, arguing that a serious …
The Copyright Moment, Lior Zemer
The Copyright Moment, Lior Zemer
San Diego Law Review
This Article focuses on the social nature of copyright law, specifically the moment that a copyright is formed. The process of coming to the idea that is eventually copyrighted is a collaborative process, simply because that how ideas are formed. The formation of ideas is collaborative since any one author of an idea will form that idea either by the innate ideas that the author possesses, which Zemer discounts as unusual, or by pairing those innate ideas that the author of the new idea already possesses with new ideas presented by the intellectual environment around the author. Authors of works …
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Vanderbilt Law Review
In the growing cacophony of voices heralding or contesting the many facets of globalization, international organizations ("Os") are playing an increasingly prominent role. Government officials, advocacy groups, and scholars are heatedly contesting the merits and demerits of using IOs to promote interstate cooperation and to resolve the many transborder collective action problems that globalization has fostered. These controversies raise important questions about how IOs are designed and how they respond to the uncertainties and changing circumstances that are endemic to international affairs. In the debates over globalization and institutional change, one IO-the International Labor Organization ("ILO")-has been given surprisingly short …
Of Monks, Medieval Scribes, And Middlemen, Peter K. Yu
Of Monks, Medieval Scribes, And Middlemen, Peter K. Yu
Faculty Scholarship
Today's copyright debate has generally focused on the digital dilemma created by Internet and new media technologies. Threats created by emerging communications technologies, however, are not new. Throughout history, there have been remarkable similarities between the threats created by new technologies and those posed by older ones.
During the oral argument in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., Justice Stephen Breyer questioned whether the petitioners' counsel would apply the test proposed for the new technology to some once-new technologies, such as the photocopying machine, the videocassette recorder, the iPod, and the printing press. When the counsel quickly responded in the …
An Introduction To Self-Incrimination In Jewish Law, With Application To The American Legal System: A Psychological And Philosophical Analysis, Samuel J. Levine
An Introduction To Self-Incrimination In Jewish Law, With Application To The American Legal System: A Psychological And Philosophical Analysis, Samuel J. Levine
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Transitional Justice: Postwar Legacies, Ruti Teitel
Transitional Justice: Postwar Legacies, Ruti Teitel
Cardozo Law Review
No abstract provided.
Compared When? Teaching Indian Law In The Standard Curriculum, James M. Grijalva
Compared When? Teaching Indian Law In The Standard Curriculum, James M. Grijalva
North Dakota Law Review
No abstract provided.
Our Ignorance About Intelligence, Richard A. Epstein
Law’S Quandary: An Echo Of The Infinite, A Glimpse Of The Unfathomable, William J. Wagner
Law’S Quandary: An Echo Of The Infinite, A Glimpse Of The Unfathomable, William J. Wagner
Scholarly Articles
No abstract provided.
The Nonprofit Sector: Myths And Realities, James J. Fishman
The Nonprofit Sector: Myths And Realities, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
Transcript from Who Profits from Nonprofits? A Symposium on Nonprofit Organizations. I have followed the development of CUNY Law School from its founding, and I really have to salute you. I do not know exactly where legal education is going, but I think CUNY is going to get there before other law schools, including my own. Today, I am going to explore some of the myths and realities of the nonprofit sector.
Antitrust Law On The Borderland Of Language And Market Definition: Is There A Separate Spanish-Language Radio Market?, Catherine J. K. Sandoval
Antitrust Law On The Borderland Of Language And Market Definition: Is There A Separate Spanish-Language Radio Market?, Catherine J. K. Sandoval
Faculty Publications
No abstract provided.
Race, Media Consolidation, And Online Content: The Lack Of Substitutes Available To Media Consumers Of Color, Leonard M. Baynes
Race, Media Consolidation, And Online Content: The Lack Of Substitutes Available To Media Consumers Of Color, Leonard M. Baynes
University of Michigan Journal of Law Reform
In its 2003 media ownership proceedings, the FCC relied on the existence of the Internet to provide justification for radically relaxing the FCC ownership rules. These rules limited the national audience reach of the broadcast licensees and the cross-ownership of different media properties by broadcasters and newspapers. In relaxing these rules, the FCC failed to recognize that a media submarket for African Americans and Latinos/as existed. This separate market is evidenced by the different television viewing habits of African Americans and Latinos/as as compared to Whites and Billboard magazine's delineation of R&B/urban music radio stations as a separate radio station …
Fruit Of The Poison Tree: A First Amendment Analysis Of The History And Character Of Intelligent Design Education, Todd R. Olin
Fruit Of The Poison Tree: A First Amendment Analysis Of The History And Character Of Intelligent Design Education, Todd R. Olin
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Painter V. Bannister: Still, Carol Weisbrod
Painter V. Bannister: Still, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Scholarly Profit Margins: Reflections On The Web, Lawrence A. Cunningham
Scholarly Profit Margins: Reflections On The Web, Lawrence A. Cunningham
Indiana Law Journal
Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.
A Congressional Attempt To Alleviate The Uncertainty Of The Court’S Establishment Clause Jurisprudence: The Public Expression Of Religion Act, Patrick Garry
Faculty Publications
No abstract provided.
Grand Visions In An Age Of Conflict, H. Jefferson Powell
Grand Visions In An Age Of Conflict, H. Jefferson Powell
Faculty Scholarship
Last spring Professor Laurence H. Tribe commented that federal constitutional law is in a state of intellectual disarray: "[I]n area after area, we find ourselves at a fork in the road--a point at which it's fair to say things could go in any. of several directions" and we have "little common ground from which to build agreement." No doubt fortuitously, two of our most formidable constitutional scholars, Akhil R. Amar and Jed Rubenfeld, have recently published systematic studies that implicitly challenge Tribe's conclusion that "ours [is] a peculiarly bad time to be going out on a limb to propound a …
Index To The American Journal Of Legal History Volumes 1-48 (1957-2006), Joel Fishman
Index To The American Journal Of Legal History Volumes 1-48 (1957-2006), Joel Fishman
Law Faculty Publications
This index is an update of the original index published as Index to the American Journal of Legal History Volumes 1-42 (1957-1998) published in 43 AM. J. LEGAL HIST. 353-506 (1999), published in 2001. Now I have updated the index to include the next four volumes.
The Constitution And Political Competition, Richard H. Pildes
The Constitution And Political Competition, Richard H. Pildes
Nova Law Review
No abstract provided.
Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel
Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel
Articles & Chapters
No abstract provided.
Civil Gideon As A Human Right: Is The U.S. Going To Join Step With The Rest Of The Developed World?, Raven Lidman
Civil Gideon As A Human Right: Is The U.S. Going To Join Step With The Rest Of The Developed World?, Raven Lidman
Faculty Articles
This article will discuss the scope of services and rationale for the right to a free lawyer in civil matters as is the case in criminal cases. This right is currently provided in the 49 European member countries in the Council of Europe (COE), Australia, Canada, India, New Zealand, Hong Kong, Japan, Zambia, South Africa, and Brazil. Frequent reference will be made to a chart in the appendix, which condenses extensive information about programs in each of these countries. The article’s general conclusion regarding the foreign programs is that the right to a free lawyer in civil matters is a …
Popular Constitutionalism As Political Law, Mark V. Tushnet
Popular Constitutionalism As Political Law, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
This Article addresses some of the critical reviews of ‘The People Themselves’, focusing on how they respond to the proposition, which I believe to be correct and made in ‘The People Themselves’, that constitutional law is a distinctive or special kind of law. I call that kind of law political law. Both parts of the formulation are equally important. Constitutional law is law, what is sometimes described as "hard" law. As law, it sometimes induces decision-makers to make decisions that are inconsistent with their "pure" preferences, that is, those they would hold in the absence of law. My aim is …
Reconciling Holocaust Scholarship And Personal Data Protection: Facilitating Access To The International Tracing Service Archive, Collin Mcdonald
Reconciling Holocaust Scholarship And Personal Data Protection: Facilitating Access To The International Tracing Service Archive, Collin Mcdonald
Fordham International Law Journal
This Note examines whether amendment of the ITS charter is necessary to effectuate researcher access, or whether, as a matter of international law, in its capacity as an international organization (“IO”), the ITS can allow access without amendments. Addressing this question implicitly raises two collateral issues that inform the discussion. First, to what degree should an IO Member State's domestic legal framework dictate that State's position in a consensus-based IO decision-making process. Second, when changes in the global political context render an existing IO legal structure ill-suited to an IO's evolving mission, to what degree is it appropriate to re-interpret …
Book Review Of Anthony Kronman’S “A History Of The Yale Law School”, William P. Lapiana
Book Review Of Anthony Kronman’S “A History Of The Yale Law School”, William P. Lapiana
Other Publications
No abstract provided.
Book Review Of Anthony Kronman’S “A History Of The Yale Law School”, William P. Lapiana
Book Review Of Anthony Kronman’S “A History Of The Yale Law School”, William P. Lapiana
Other Publications
No abstract provided.
The Court Against The Courts: Hostility To Litigation As An Organizing Theme In The Rehnquist Court’S Jurisprudence, Andrew Siegel
The Court Against The Courts: Hostility To Litigation As An Organizing Theme In The Rehnquist Court’S Jurisprudence, Andrew Siegel
Faculty Articles
Previous commentators on the Rehnquist Court's history, seeking an overarching explanation for the Court's cases, have focused their attention primarily on a revitalized 'federalism, " an agenda-driven "conservatism," and a constitutionally fixated 'Judicial supremacy." While each of these themes is undoubtedly present in the Court's later jurisprudence, this Article argues that one cannot understand the Rehnquist Court's complicated intellectual matrix without taking account of its profound hostility toward the institution of litigation and its concomitant skepticism as to the ability of litigation to function as a mechanism for organizing social relations and collectively administering justice. The article takes a pointillist …
The Court Against The Courts: Hostility To Litigation As An Organizing Theme In The Rehnquist Court’S Jurisprudence, Andrew Siegel
The Court Against The Courts: Hostility To Litigation As An Organizing Theme In The Rehnquist Court’S Jurisprudence, Andrew Siegel
Faculty Articles
Previous commentators on the Rehnquist Court's history, seeking an overarching explanation for the Court's cases, have focused their attention primarily on a revitalized "federalism," an agenda-driven "conservatism," and a constitutionally fixated "judicial supremacy." While each of these themes is undoubtedly present in the Court's later jurisprudence, this article argues that one cannot understand the Rehnquist Court's complicated intellectual matrix without taking account of its profound hostility towards the institution of litigation and its concomitant skepticism as to ability of litigation to function as a mechanism for organizing social relations and collectively administering justice. The article takes a pointillist approach, commenting …
The Negligent Enablement Of Trade Secret Misappropriation, Michael L. Rustad
The Negligent Enablement Of Trade Secret Misappropriation, Michael L. Rustad
Santa Clara High Technology Law Journal
No abstract provided.
'Une Chose Publique'? The Author's Domain And The Public Domain In Early British, French And Us Copyright Law, Jane C. Ginsburg
'Une Chose Publique'? The Author's Domain And The Public Domain In Early British, French And Us Copyright Law, Jane C. Ginsburg
Faculty Scholarship
Much contemporary copyright rhetoric casts copyright as a derogation from a primordial public domain. Placing the public domain in the initial position buttresses attempts to contain a perceived over-expansion of copyright. I do not take issue with the normative role these endeavors assign to the public domain. The public domain is today and should remain copyright's constraining counterpart. But normative arguments that also claim the support of history may be fundamentally anachronistic. The ensuing examination of the respective domains of author and public at copyright's inception, in 18th-19th century Britain, France and America, reveals more ambiguity than today's critiques generally …
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Faculty Scholarship
This Article uses an interdisciplinary approach to explain why the International Labor Organization (ILO) has been given surprisingly short shrift in recent debates over the role of IOs in addressing the many transborder collective action problems that globalization has fostered. I review the ILO's past and its present with two broad objectives in mind. First, I seek to correct a misperception among international lawyers and legal scholars that the ILO is a weak and ineffective institution. The organization's effectiveness in creating and monitoring international labor standards has fluctuated widely during its nearly ninety-year existence. Over the last decade, however, the …