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Articles 2131 - 2160 of 3916
Full-Text Articles in Entire DC Network
American Moral Rights And Fixing The Dastar Gap, Justin Hughes
American Moral Rights And Fixing The Dastar Gap, Justin Hughes
Articles
When the United States acceded to the Berne Convention in 1988, Congress concluded that a compendium of causes of action under American law, including Lanham Act claims, provided the moral rights protections mandated by Berne Article 6bis. This claim of patchwork protection of moral rights has always been widely criticized, but became more dubious in the wake of the Supreme Court's 2003 decision in Dastar v. Twentieth Century Fox. In Dastar, the Court held that vis-a-vis works in the public domain there is no Lanham section 43(a) obligation to credit the original creator or copyright owner as the origin of …
The New Casuistry, Peter Goodrich
Revisiting Kelo And Eminent Domain's Summer Of Scrutiny, Alberto B. Lopez
Revisiting Kelo And Eminent Domain's Summer Of Scrutiny, Alberto B. Lopez
Articles
No abstract provided.
Corporate Form And Substantive Consolidation, William H. Widen
Corporate Form And Substantive Consolidation, William H. Widen
Articles
No abstract provided.
Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham
Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham
Articles
No abstract provided.
An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge
An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge
Articles
No abstract provided.
In Search Of Regulatory Equilibrium, Lili Levi
Ensuring That Florida's Language Minorities Have Access To The Ballot, Jonel Newman
Ensuring That Florida's Language Minorities Have Access To The Ballot, Jonel Newman
Articles
No abstract provided.
Divorce Reform: Rights Protections In The New Swaziland, Tamar Ezer, Aisha Glasford, Elizabeth Hollander, Lakeisha Poole, Grant Rabenn, Alexandria Tindall
Divorce Reform: Rights Protections In The New Swaziland, Tamar Ezer, Aisha Glasford, Elizabeth Hollander, Lakeisha Poole, Grant Rabenn, Alexandria Tindall
Articles
No abstract provided.
The Historical Race Competition For Corporate Charters And The Rise And Decline Of New Jersey: 1880-1910, Charles M. Yablon
The Historical Race Competition For Corporate Charters And The Rise And Decline Of New Jersey: 1880-1910, Charles M. Yablon
Articles
No abstract provided.
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Articles
The threat of future terrorist attacks has sped the proliferation of random, suspicionless searches and seizures, such as those now made of New York City subway riders. Courts assess the legality of such searches with an inherently flawed balancing test developed to assess searches and seizures made without "probable cause." Although scholars and Justices alike have decried the resort to balancing individual interests against the government's need to search, no alternative framework has been proposed. This Article proposes a more principled, objective inquiry for determining when suspicionless searches can be made. To eliminate the need for balancing, this Article advances …
The Transforming Power Of Grace, Eamon Maher
The Transforming Power Of Grace, Eamon Maher
Articles
Material reproduced by kind permission of Reality
The Law Of Other States, Eric A. Posner, Cass R. Sunstein
The Law Of Other States, Eric A. Posner, Cass R. Sunstein
Articles
The question of whether courts should consult the laws of "other states" has produced intense controversy. But in some ways, this practice is entirely routine; within the United States, state courts regularly consult the decisions of other state courts in deciding on the common law, the interpretation of statutory law, and even the meaning of state constitutions. A formal argument in defense of such consultation stems from the Condorcet Jury Theorem, which says that under certain conditions, a widespread belief accepted by a number of independent actors, is highly likely to be correct. It follows that if a large majority …
Youth, Governance And The City: Towards A Critical Urban Sociology Of Youth Crime And Disorder Prevention, Matt Bowden
Youth, Governance And The City: Towards A Critical Urban Sociology Of Youth Crime And Disorder Prevention, Matt Bowden
Articles
This article considers the historical and spatial context for the emergence of youth crime and disorder prevention initiatives in Ireland. These initiatives have to be understood in the context of their relationship to the broader ‘urban question’ and in particular the relationship of the peripheral housing estate to the rest of society and the economic sphere. More recent changes in the nature of society and the emergence of a ‘liberal creed’ have resulted in greater use of surveillance technologies for offsetting the opportunities for crime to be committed. In this context, youth crime prevention initiatives must be seen as an …
The Demise Of Federal Takings Litigation, Stewart E. Sterk
The Demise Of Federal Takings Litigation, Stewart E. Sterk
Articles
For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …
Small Ramsey Numbers, Stanislaw Radziszowski
Small Ramsey Numbers, Stanislaw Radziszowski
Articles
We present data which, to the best of our knowledge, includes all known nontrivial values and bounds for specific graph, hypergraph and multicolor Ramsey numbers, where the avoided graphs are complete or complete without one edge. Many results pertaining to other more studied cases are also presented. We give references to all cited bounds and values, as well as to previous similar compilations. We do not attempt complete coverage of asymptotic behavior of Ramsey numbers, but concentrate on their specific values.
What Light Do Professional Doctorates Throw On The Question Of What Counts As Knowledge In The Academy At The Start Of The Twenty-First Century?, Sandra Fisher
Articles
In their article, ‘Professional Doctorates in England’, Bourner et al. (2001: 81) pose the question ‘What light do professional doctorates throw on the question of what counts as knowledge in the academy at the start of the twenty-first century?’ This article attempts to address this question. The article provides some background to the development of professional doctorates. It looks at forces, such as the rise of the knowledge society, economic drivers, and the demands of lifelong learning, that are shaping knowledge in the academy in the twenty-first century. I attempt to interpret these forces in the context of the development …
The Emergence Of Quality Assurance In Irish Higher Education: A Review Of European And National Policy And Description Of The Technological University Dubin Practice, Aidan Kenny
Articles
This is the second in a series of three papers which explore and describe ‘quality’ as a tool in the Irish Higher Education sector. This paper reviews macro, mesco and micro issues relating to quality assurance within the context of European Union Education Ministers’ communiqués and in Irish national policy. A micro perspective is then undertaken pertaining to the Technological University Dubin describing how quality assurance systems and procedures emerged in the Institute. It also includes the Institute’s response to provisions made in the 1999 Qualifications (Education and Training) Act with reference to the necessity of carrying out quality reviews. …
Drugged, Carl E. Schneider
Drugged, Carl E. Schneider
Articles
The Supreme Court's recent decision in Gonzales v. Oregon, like its decision last year in Gonzales v. Raich (the "medical marijuana" case), again raises questions about the bioethical consequences of the Controlled Substances Act. When, in 1970, Congress passed that act, it placed problematic drugs in one of five "schedules," and it authorized the U.S. attorney general to add or subtract drugs from the schedules. Drugs in schedule II have both a medical use and a high potential for abuse. Doctors may prescribe such drugs if they "obtain from the Attorney General a registration issued in accordance with the …
Unnatural Rights: Hegel And Intellectual Property, Jeanne L. Schroeder
Unnatural Rights: Hegel And Intellectual Property, Jeanne L. Schroeder
Articles
The article challenges the common misconception that Hegel's legal philosophy supports the romantic view of intellectual property as an extension of personality or natural right. Instead, it argues that Hegel's framework, rooted in the concept of "abstract right," views property, including intellectual property, as a legal construct created to facilitate freedom and legal subjectivity. The analysis emphasizes the pragmatic and utilitarian aspects of adopting intellectual property regimes within a modern constitutional republic, while rejecting the notion of natural law and highlighting the realization of property rights through alienation and contract.
Copyright And Incomplete Historiographies: Of Piracy, Propertization, And Thomas Jefferson, Justin Hughes
Copyright And Incomplete Historiographies: Of Piracy, Propertization, And Thomas Jefferson, Justin Hughes
Articles
Because we learn from history, we also try to teach from history. Persuasive discourse of all kinds is replete with historical examples – some true and applicable to the issue at hand, some one but not the other, and some neither. Beginning in the 1990s, intellectual property scholars began providing descriptive accounts of a tremendous strengthening of copyright laws, expressing the normative view that this trend needs to be arrested, if not reversed. This thoughtful body of scholarly literature is sometimes bolstered with historical claims – often casual comments about the way things were. The claims about history, legal or …
The Religious Origins Of Disestablishment Principles, Marci A. Hamilton, Rachel Steamer
The Religious Origins Of Disestablishment Principles, Marci A. Hamilton, Rachel Steamer
Articles
No abstract provided.
Don't Go There: When To Abandon Lesson Plans And Venture, Humbly, Into Ground Zero, Sue Norton
Don't Go There: When To Abandon Lesson Plans And Venture, Humbly, Into Ground Zero, Sue Norton
Articles
This paper discusses pedagogical styles that are appropriate in the classroom.
Frederick C. Hicks: The Dean Of Law Librarians, Stacy Etheredge
Frederick C. Hicks: The Dean Of Law Librarians, Stacy Etheredge
Articles
No abstract provided.
The Business Of Minor League Baseball: Amateur Eligibility Rules, Peter A. Carfagna, Cleveland Indians
The Business Of Minor League Baseball: Amateur Eligibility Rules, Peter A. Carfagna, Cleveland Indians
Articles
No abstract provided.
Trial And Error: The Supreme Court's Philosophy Of Science, Susan Haack
Trial And Error: The Supreme Court's Philosophy Of Science, Susan Haack
Articles
No abstract provided.
Legal Reason: The Use Of Analogy In Legal Argument, Richard A. Posner
Legal Reason: The Use Of Analogy In Legal Argument, Richard A. Posner
Articles
No abstract provided.
Reasoning By Analogy (Reviewing Lloyd L. Weinreb, Legal Reason: The Use Of Analogy In Legal Argument (2005)), Richard A. Posner
Reasoning By Analogy (Reviewing Lloyd L. Weinreb, Legal Reason: The Use Of Analogy In Legal Argument (2005)), Richard A. Posner
Articles
No abstract provided.
Property Tax Reassessment: Who Needs It?, Stewart E. Sterk, Mitchell L. Engler
Property Tax Reassessment: Who Needs It?, Stewart E. Sterk, Mitchell L. Engler
Articles
No abstract provided.
Promoting Values As West Meets East, Michael Foley
Promoting Values As West Meets East, Michael Foley
Articles
As Western training agencies increasingly promote ‘democratic journalistic values’ in the former communist countries, Michael Foley argues that progress will only occur if the West ceases to see in journalism a way of strengthening the marketplace and helps local experts develop their own models