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Articles 2011 - 2040 of 3915
Full-Text Articles in Entire DC Network
Law, Higher Law, And Human Making Theology And The Higher Law, William S. Brewbaker Iii
Law, Higher Law, And Human Making Theology And The Higher Law, William S. Brewbaker Iii
Articles
No abstract provided.
Natural Laws And Inevitable Infringement, Alan L. Durham
Natural Laws And Inevitable Infringement, Alan L. Durham
Articles
According to wellestablished principles one cannot patent natural laws or phenomena per se but one can patent new and useful applications of those laws and phenomena Justice Breyers opinion in Laboratory Corp v Metabolite Labs Inc applies this distinction to inventions exploiting natural relationships such as a method of diagnosing a vitamin deficiency by observing elevated levels of an amino acid in a patients blood Justice Breyer concludes that patenting a method based on observation and reasoning amounts to patenting the natural relationship itself a result contrary to policy because it denies others a basic tool of research In fact …
The Ultimate Association: Same-Sex Marriage And The Battle Against Jim Crow's Other Cousin, Bryan K. Fair
The Ultimate Association: Same-Sex Marriage And The Battle Against Jim Crow's Other Cousin, Bryan K. Fair
Articles
No abstract provided.
Intersectionality Theory, The Anticaste Principle, And The Furture Of Brown Morgan Symposium On The Gender Of Constitutional And Human Rights Law, Bryan K. Fair
Articles
No abstract provided.
Crossover Special Presentation: American Indian Law And Literature, Richard Delgado, Jean Stefancic
Crossover Special Presentation: American Indian Law And Literature, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Standing As An Article Ii Nondelegation Doctrine, Tara Leigh Grove
Standing As An Article Ii Nondelegation Doctrine, Tara Leigh Grove
Articles
In this Article I consider the following puzzle in standing doctrine the dichotomy between Executive Branch and private party standing Although the Executive Branch has standing to assert the interest in "seeing that the law is obeyed" private parties may not allege such an abstract grievance I argue that this apparent contradiction offers a new explanation for Article III standing doctrine standing enforces an Article II nondelegation principle by curtailing private prosecutorial discretionThe Executive Branch has an Article II duty to take care that the laws are faithfully executed and for that reason has standing to "see that federal law …
Latinos And The Law Symposium Symposium: Latinos And Latinas At The Epicenter Of Contemporary Legal Discourses: Forword, Richard Delgado, Jean Stefancic
Latinos And The Law Symposium Symposium: Latinos And Latinas At The Epicenter Of Contemporary Legal Discourses: Forword, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
(Un)Covering Identity In Civil Rights And Poverty Law, Anthony V. Alfieri
(Un)Covering Identity In Civil Rights And Poverty Law, Anthony V. Alfieri
Articles
No abstract provided.
Forcing Analogies In Law: Badiou, Set Theory, And Models, William H. Widen
Forcing Analogies In Law: Badiou, Set Theory, And Models, William H. Widen
Articles
No abstract provided.
Runaway Grand Jury: Activists Attempt To Redefine Obscenity Law In Kansas, Jill Barton
Runaway Grand Jury: Activists Attempt To Redefine Obscenity Law In Kansas, Jill Barton
Articles
No abstract provided.
The Inter-American Human Rights System: A Primer, Caroline Bettinger-López
The Inter-American Human Rights System: A Primer, Caroline Bettinger-López
Articles
No abstract provided.
Of Truth, In Science And In Law, Susan Haack
Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack
Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack
Articles
No abstract provided.
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones
Articles
No abstract provided.
Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz
Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz
Articles
The article challenges the traditional classification of removal proceedings as civil, arguing that expulsion, particularly for permanent residents, functions similarly to criminal punishment and should therefore be treated as criminal. It proposes a bifurcated approach distinguishing exclusion and expulsion, advocating for criminal protections in expulsion proceedings to align with historical and constitutional principles.
Consumers Of Financial Services And Multi-Level Regulation In The European Union, Caroline Bradley
Consumers Of Financial Services And Multi-Level Regulation In The European Union, Caroline Bradley
Articles
No abstract provided.
Created Facts And The Flawed Ontology Of Copyright Law, Justin Hughes
Created Facts And The Flawed Ontology Of Copyright Law, Justin Hughes
Articles
It is black letter doctrine that facts are not copyrightable: facts are discovered, not created—so they will always lack the originality needed for copyright protection. As straightforward as this reasoning seems, it is fundamentally flawed. Using the “social facts” theory of philosopher John Searle, this Article explores a variety of “created facts” cases—designation systems, systematic evaluations, and privately written laws—in which original expression from private individuals is adopted by social convention and generates facts in our social reality. In the course of this discussion, the paper places facts in their historical and philosophical context, explores how courts conflate facts with …
A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia S. Abril
A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia S. Abril
Articles
No abstract provided.
The Protean Career: Exemplified By First World Foreign Residents In Western Europe?, Marian Crowley-Henry
The Protean Career: Exemplified By First World Foreign Residents In Western Europe?, Marian Crowley-Henry
Articles
This article presents findings from a qualitative study exploring the career-related motivations and experiences of a sample of 20 expatriates living and working on a permanent basis in the South of France (Sophia Antipolis) and in Germany (Munich). By virtue of their having established local links in the host country, either in having local working contracts or being installed in the area on a permanent basis (home owners; children born/being schooled in the host country), these expatriates could also be termed foreign residents in the host country. The study’s sample of highly educated workers originating from the United States of …
Auf Der Suche Nach Einer Authentischen Architektur; Ein Gespräch Mit Glenn Murcutt Und Juhani Pallasmaa, Noel Brady
Auf Der Suche Nach Einer Authentischen Architektur; Ein Gespräch Mit Glenn Murcutt Und Juhani Pallasmaa, Noel Brady
Articles
The article is a record of a conversation on architectural ethics between the author and Glenn Murcutt and Juhani Pallasmaa.
A Review Of Fiscal Measures To Benefit Heritage Conservation, Tracy Pickerill, Rob Pickard
A Review Of Fiscal Measures To Benefit Heritage Conservation, Tracy Pickerill, Rob Pickard
Articles
This research paper explores to use of fiscal incentives for heritage conservation in a range of countries in Western Europe (Belgium, Denmark, France, Germany, Ireland, Italy, Netherlands, Spain and the United Kingdom) and North America (Canada and USA), to see how they are used and how effective they are.
The main incentives are:
- Income tax deductions and credits for costs incurred in heritage conservation activity;
- Income tax credits for the provision of social housing in heritage buildings;
- Property tax exemption, abatement or freeze for heritage buildings;
- Value added (sales) tax concessions or rebates relating to heritage conservation activity;
- Use of …
Key Skills Framework: Enhancing Employability Within A Lifelong Learning Paradigm, Aidan Kenny, Ray English, Dave Kilmartin
Key Skills Framework: Enhancing Employability Within A Lifelong Learning Paradigm, Aidan Kenny, Ray English, Dave Kilmartin
Articles
Employability has become an area of interest among the general public and policy makers alike, with an increasing number of reports in the general media regarding the need for workers in certain sectors to up-skill due to the possible threat of job ‘displacement’. In addition, there has been an increase in education and training policy documents emphasising that citizens should pursue Lifelong Learning /Life Wide Learning to address the increased job-related uncertainty attributed to the globalisation process and the concomitant competitive threats. Academics such as Barnett (2005) claim that we are living in an era of ‘super complexity' and rapid …
Blaming It On The Church : On Frank Mccourt's ''Angela's Ashes'', Eamon Maher
Blaming It On The Church : On Frank Mccourt's ''Angela's Ashes'', Eamon Maher
Articles
Material reproduced by kind permission of Reality
Evaluation Of The Idi-Mrsa Assay On The Smartcycler Real-Time Pcr Platform For Rapid Detection Of Mrsa From Screening Specimens, Celine Herra, A. S. Rossney, M. Fitzgibbon, P. Morgan, B. O’Connell
Evaluation Of The Idi-Mrsa Assay On The Smartcycler Real-Time Pcr Platform For Rapid Detection Of Mrsa From Screening Specimens, Celine Herra, A. S. Rossney, M. Fitzgibbon, P. Morgan, B. O’Connell
Articles
Rapid accurate detection is a prerequisite for the successful control of meticillin-resistant Staphylococcus aureus (MRSA). The IDI-MRSA real-time polymerase chain reaction (PCR) assay was designed to provide rapid results from nasal specimens collected in Stuart’s liquid transport medium. This study has evaluated the IDI-MRSA kit for use in a clinical laboratory by investigating the following parameters: (1) limits of detection (LoD), (2) performance with Amies’ gel-based transport medium, (3) ability to detect strains of MRSA in a collection representative of MRSA in Ireland since 1974 (n 113) and (4) performance in a clinical trial with swabs from nose, throat and …
Using The Technology Of The Confessional As An Analytical Resource: Four Analytical Stances Towards Research Interviews In Discourse Analysis, Brendan O'Rourke, Martyn Pitt
Using The Technology Of The Confessional As An Analytical Resource: Four Analytical Stances Towards Research Interviews In Discourse Analysis, Brendan O'Rourke, Martyn Pitt
Articles
Among the various approaches that have developed from FOUCAULT's work is an Anglophone discourse analysis that has attempted to combine FOUCAULTian insights with the techniques of Conversation Analysis. An important current methodological issue in this discourse analytical approach is its theoretical preference for "naturally occurring" rather than research interview data. A FOUCAULTian perspective on the interview as a research instrument, questions the idea of "naturally-occurring discourse". The "technology of the confessional" operates, not only within research interviews, but permeates other interactions as well. Drawing on FOUCAULT does not dismiss the problems of the interview as research instrument rather it shows …
John Milton: Complete Poems And Major Prose, Richard A. Posner
John Milton: Complete Poems And Major Prose, Richard A. Posner
Articles
No abstract provided.
Classic Revisited: Penal Theory In Paradise Lost, Richard A. Posner, Jillisa Brittan
Classic Revisited: Penal Theory In Paradise Lost, Richard A. Posner, Jillisa Brittan
Articles
No abstract provided.
The Internationalization Of Lay Legal Decision-Making: Jury Resurgence And Jury Research, Richard O. Lempert
The Internationalization Of Lay Legal Decision-Making: Jury Resurgence And Jury Research, Richard O. Lempert
Articles
When I first began to study the jury more than thirty years ago, the topic of this Journal issue, jury systems around the world, was unthinkable. The use of juries, especially in civil litigation, had long been in decline, to the point of near extinction in England, the land of their birth, and the live question was whether the jury system would endure in the United States. It seemed clear that juries would not continue in their classic form, as many U.S. states, with the Supreme Court's eventual approval, mandated juries of less than twelve people and allowed verdicts to …
The Jurisprudence Of Punishment, Kyron J. Huigens
On Logic In The Law: Something, But Not All, Susan Haack
On Logic In The Law: Something, But Not All, Susan Haack
Articles
In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the "logical theology" of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of "axioms and corollaries"; and this element of truth is not obviated by the more powerful logical techniques that are now available.