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Articles 5671 - 5700 of 6085
Full-Text Articles in Entire DC Network
Copyright, Compromise And Legislative History, Jessica D. Litman
Copyright, Compromise And Legislative History, Jessica D. Litman
Articles
Copyright law gives authors a "property right." But what kind of property right? Indeed, a property right in what? The answers to these questions should be apparent from a perusal of title seventeen of the United States Code-the statute that confers the "property" right.' Courts, however, have apparently found title seventeen an unhelpful guide. For the most part, they look elsewhere for answers, relying primarily on prior courts' constructions of an earlier and very different statute on the same subject. 2
Thinking About Our Language, James Boyd White
Thinking About Our Language, James Boyd White
Articles
Except for one meeting, which I will describe below, I knew Bob Cover only through his writings. This circumstance was of course a disappointment to me, for our interests were similar, and his death now makes the loss irreparable. But perhaps this is less of a limitation than would normally be the case, for as much as anyone in the law Bob was, and is, actively present in his writing, both as a person and as a mind.-But that dichotomy of person and mind gets it wrong, for what I would like to catch is a sense of fusion or …
Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan
Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan
Articles
What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the "extraterritoriality principle." The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have …
John W. Reed And The High Style, Theodore J. St. Antoine
John W. Reed And The High Style, Theodore J. St. Antoine
Articles
John Reed is the Fred Astaire of the law school world. That doesn't mean John would win prizes for his waltzing and tangoing; the kinship runs much deeper. There is the same purity of line in gesture and speech, the same trimness of content and grace of expression, and the same ineffable talent for brightening up a scene just by entering it. John certainly brightened up the law school days for this former student, a generation or so ago. We jaded upperclass people actually looked forward to John's Evidence classes, and he seldom if ever let us down. The sessions …
Law And Metaphysics, Charles M. Yablon
Neighbors In American Land Law, Stewart E. Sterk
Neighbors In American Land Law, Stewart E. Sterk
Articles
The article critiques the foundational principle of land law known as the "geometric-box allocation," which assumes landowners have absolute control over their property within defined boundaries. While this model provides clarity and facilitates private bargaining, the analysis argues that it often fails to account for externalities, social norms, and bilateral monopoly situations, leading to inefficiencies. The author challenges the assumption that private bargaining will always produce efficient results, particularly in low-transaction-cost scenarios, and highlights the limitations of using intent as a justification for cross-boundary allocations. The article ultimately suggests that land law doctrine reflects and reinforces both individualist and non-individualist …
Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs
Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs
Articles
No abstract provided.
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Articles
The corporation was born in chains but is everywhere free. That freedom was recently affirmed by the United States Supreme Court in First National Bank of Boston v. Bellotti. In Bellotti, the Court overturned a Massachusetts criminal statute forbidding banks and business corporations to make expenditures intended to influence referenda concerning issues not "materially affecting" the corporation's "property, business, or assets." In doing so, the Court confirmed its discovery that commercial speech is not unprotected by the first amendment and announced a novel doctrine that corporate speech is not unprotected by the first amendment. Although several years have …
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Articles
The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …
Ectopic Origin Of A Coronary Artery From The Aorta. Sudden Death In 3 Of 23 Patients., John Mahowald, L C. Blieden, J I. Coe, J E. Edwards
Ectopic Origin Of A Coronary Artery From The Aorta. Sudden Death In 3 Of 23 Patients., John Mahowald, L C. Blieden, J I. Coe, J E. Edwards
Articles
Ectopic origin of a coronary artery from the aorta is uncommon. In the last decade, its importance as a possible cause of sudden death has been documented. Initially, only the left coronary artery was implicated. Lately, the ectopically arising right coronary artery has also been shown to be involved in cases of sudden death. We reviewed the pathologic anatomy in 23 cases of ectopic origin of a coronary artery from the aorta. In three of these cases, death could be attributed to ectopic origin of a coronary artery. In one case the left coronary artery arose from the right aortic …
Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile
Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile
Articles
The article argues that the failure of economic development strategies in Africa is deeply intertwined with the denial of civil and political rights, particularly for the rural poor. It critiques the "economic rights first" approach, which prioritizes material needs over democratic participation, and contends that such an approach is both principled and practically flawed. The analysis emphasizes that without civil and political rights, development strategies like the Basic Needs Strategy (BNS) are unlikely to succeed, as they require equitable distribution of wealth and benefits, which undemocratic regimes often fail to implement. The article also examines the limitations of both Afro-Marxist …
The Relationship Of Church Growth And Systematic Theology, Elmer L. Towns
The Relationship Of Church Growth And Systematic Theology, Elmer L. Towns
Articles
No abstract provided.
Optimum Shape Synthesis Of Maximum Gain Omnidirectional Antennas, Frances J. Harackiewicz, David M. Pozar
Optimum Shape Synthesis Of Maximum Gain Omnidirectional Antennas, Frances J. Harackiewicz, David M. Pozar
Articles
Using characteristic mode shape synthesis, some antenna surfaces and their current distributions are found which produce maximum realizable gain for rotationally symmetric omnidirectional antennas. The same shape synthesis method fails to produce antennas which have maximum endfire gain.
Efficiency And Income Taxes: The Rehabilitation Of Tax Incentives, Edward A. Zelinsky
Efficiency And Income Taxes: The Rehabilitation Of Tax Incentives, Edward A. Zelinsky
Articles
This Article explores two prominent issues in current legal literature: the propriety of tax incentives in the federal income tax and the use of economic analysis to examine questions of concern to academic lawyers. One premise of this Article is that there is a connection between these two topics.
New Rules Of Professional Conduct: Critical Concerns For Idaho Lawyers, Donald L. Burnett Jr.
New Rules Of Professional Conduct: Critical Concerns For Idaho Lawyers, Donald L. Burnett Jr.
Articles
No abstract provided.
Waiting For Rescue: An Essay On The Evolution And Incentive Structure Of The Law Of Affirmative Obligations, Saul Levmore
Waiting For Rescue: An Essay On The Evolution And Incentive Structure Of The Law Of Affirmative Obligations, Saul Levmore
Articles
No abstract provided.
Anti-Pornography Legislation As Viewpoint-Discrimination, Geoffrey R. Stone
Anti-Pornography Legislation As Viewpoint-Discrimination, Geoffrey R. Stone
Articles
No abstract provided.
Political And Religious Disestablishment, Michael W. Mcconnell
Political And Religious Disestablishment, Michael W. Mcconnell
Articles
No abstract provided.
Workable Antitrust Policy, Frank H. Easterbrook
On Identifying Exclusionary Conduct, Frank H. Easterbrook
On Identifying Exclusionary Conduct, Frank H. Easterbrook
Articles
No abstract provided.
Why Be Tolerant? (Reviewing Lee C. Bollinger, The Tolerant Society: Freedom Of Speech And Extremist Speech In America (1986)), David A. Strauss
Why Be Tolerant? (Reviewing Lee C. Bollinger, The Tolerant Society: Freedom Of Speech And Extremist Speech In America (1986)), David A. Strauss
Articles
No abstract provided.
Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner
Legal Formalism, Legal Realism, And The Interpretation Of Statutes And The Constitution, Richard A. Posner
Articles
A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the concepts of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless …
Law And Literature: A Relation Reargued, Richard A. Posner
Law And Literature: A Relation Reargued, Richard A. Posner
Articles
No abstract provided.
Free Speech In An Economic Perspective, Richard A. Posner
Free Speech In An Economic Perspective, Richard A. Posner
Articles
No abstract provided.
Constitutionally Compelled Exemptions And The Free Exercise Clause, Geoffrey R. Stone
Constitutionally Compelled Exemptions And The Free Exercise Clause, Geoffrey R. Stone
Articles
No abstract provided.
Comment: Government Secrecy And The Constitution, Gerhard Casper
Comment: Government Secrecy And The Constitution, Gerhard Casper
Articles
No abstract provided.
Regulation Of Informed Consent To Human Experimentation, Maria Woltjen
Regulation Of Informed Consent To Human Experimentation, Maria Woltjen
Articles
No abstract provided.
An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson
An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson
Articles
This Article contains two parts with different purposes. The first part consists of an introduction and critique of the recently adopted Washington Rules of Professional Conduct. Some of the rules that differ from the Model Rules, that violate Constitutional requirements, or that inappropriately resolve competing policies are evaluated. Two of the most important areas—confidentiality and advertising—are treated separately and in-depth in student Survey Comments. The second part of this Article consists of an overview of the law of professional responsibility in Washington. It follows the organization and rule sequence of the RPC, with annotations, applications, and interpretations from the ABA …
Law-The Last Of The Universal Disciplines, Soia Mentschikoff, Irwin P. Stotzky
Law-The Last Of The Universal Disciplines, Soia Mentschikoff, Irwin P. Stotzky
Articles
No abstract provided.
Factions, Self-Interest, And The Apa: Four Lessons Since 1946 Administrative Law Symposium, Cass R. Sunstein
Factions, Self-Interest, And The Apa: Four Lessons Since 1946 Administrative Law Symposium, Cass R. Sunstein
Articles
No abstract provided.