Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (6802)
- Constitutional Law (588)
- Intellectual Property Law (524)
- Business Organizations Law (412)
- Social and Behavioral Sciences (407)
-
- Criminal Law (403)
- International Law (396)
- Health Law and Policy (362)
- Legal Education (335)
- Law and Society (284)
- Civil Rights and Discrimination (270)
- Law and Economics (270)
- Science and Technology Law (270)
- Banking and Finance Law (260)
- Legal Profession (253)
- First Amendment (251)
- Medicine and Health Sciences (249)
- Administrative Law (247)
- Legal Ethics and Professional Responsibility (244)
- Criminal Procedure (241)
- Other Law (238)
- Law and Politics (225)
- Internet Law (211)
- Securities Law (210)
- Legal History (192)
- Courts (190)
- Contracts (186)
- Dispute Resolution and Arbitration (185)
- Environmental Law (185)
- Comparative and Foreign Law (180)
- Institution
-
- Columbia Law School (1371)
- Boston University School of Law (1078)
- Duke Law (858)
- Texas A&M University School of Law (742)
- Brooklyn Law School (622)
-
- UC Law SF (545)
- Fordham Law School (491)
- Case Western Reserve University (446)
- University of Maryland Francis King Carey School of Law (325)
- University of New Mexico (235)
- California Western School of Law (199)
- Mitchell Hamline School of Law (187)
- Lindenwood University (179)
- Penn State Dickinson Law (159)
- Western New England University (126)
- Barry University School of Law (106)
- Nova Southeastern University (102)
- Brigham Young University Law School (91)
- Widener University Commonwealth Law School (81)
- Florida Atlantic University (33)
- James Madison University (26)
- Colby College (20)
- Belmont University (13)
- University of Louisiana at Lafayette (8)
- University of San Diego (8)
- University of Arkansas Little Rock (7)
- Wofford College (7)
- Lesley University (6)
- University of Southern Maine (4)
- Otterbein University (2)
- Keyword
-
- SSRN (151)
- Privacy (139)
- Constitutional law (126)
- Copyright (117)
- Corporate governance (117)
-
- Artificial intelligence (113)
- Intellectual property (102)
- Criminal law (94)
- Law (92)
- International law (89)
- First Amendment (88)
- Administrative law (83)
- Columbia Law Review (83)
- Legal education (83)
- Regulation (73)
- Technology (73)
- Freedom of speech (70)
- Supreme Court (67)
- Internet (66)
- Copyright law (64)
- Human rights (63)
- Ethics (62)
- First amendment (55)
- Race (55)
- United States (54)
- Civil rights (53)
- Mediation (51)
- Free speech (50)
- Constitution (49)
- Discrimination (48)
- Publication Year
- File Type
Articles 6991 - 7020 of 8078
Full-Text Articles in Entire DC Network
The Erotic Of Torts, Carol Sanger
The Erotic Of Torts, Carol Sanger
Faculty Scholarship
"What kind of feminist would be accused of sexual harassment?" asks Jane Gallop (p. 1). Gallop quickly provides her own challenging answer: "the sort of feminist ... that ... do[es] not respect the line between the intellectual and the sexual" (p. 12). Gallop is firm and unrepentant about not respecting this line: "I sexualize the atmosphere in which I work. When sexual harassment is defined as the introduction of sex into professional relations, it becomes quite possible to be both a feminist and a sexual harasser" (p. 11). Figuring out what this means – and what its implications are for …
Lawyers' Identities, Client Selection And The Antidiscrimination Principle: Thoughts On The Sanctioning Of Judith Nathanson, Bruce K. Miller
Lawyers' Identities, Client Selection And The Antidiscrimination Principle: Thoughts On The Sanctioning Of Judith Nathanson, Bruce K. Miller
Faculty Scholarship
The Author discusses how the Massachusetts Commission Against Discrimination might justifiably apply the Public Accommodations Statute to the client selection practices of some, perhaps many, lawyers. But it should leave Judith Nathanson alone. Nathanson's decision to represent only women in divorce cases is protected by the First Amendment, not because she is entitled as a lawyer to indulge whatever biases she chooses in her selection of clients, but because, as a lawyer of integrity who has melded her personal values and professional skills in service to the profession's best ideals, she is entitled to represent her chosen clients as she …
Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon
Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon
Faculty Scholarship
As people become enamored with the possible benefits of allowing price discrimination in contracts for intellectual goods, they should realize that traditional intellectual property law works by fostering price discrimination among customers. This simple fact has implications for federal pre-emption, and is a reminder of the complexity of the economic issues involved. Increasing a seller's ability to price discriminate will often involve increasing his monopoly power, with dubious welfare effects.
Original Sin And The Transaction In Federal Civil Procedure, Mary Kay Kane
Original Sin And The Transaction In Federal Civil Procedure, Mary Kay Kane
Faculty Scholarship
No abstract provided.
Hard Cases And The (D)Evolution Of Constitutional Doctrine, Ashutosh Bhagwat
Hard Cases And The (D)Evolution Of Constitutional Doctrine, Ashutosh Bhagwat
Faculty Scholarship
No abstract provided.
Deutsche Telekom, German Corporate Governance, And The Transition Costs Of Capitalism, Jeffrey N. Gordon
Deutsche Telekom, German Corporate Governance, And The Transition Costs Of Capitalism, Jeffrey N. Gordon
Faculty Scholarship
In November 1996, Deutsche Telekom AG, the government-owned German telephone company, sold common stock representing approximately 25 percent of the company in a global stock offering that raised approximately DM 20 billion ($13 billion), the largest equity offering ever in Europe. In selling off this equity stake, the German government (i.e., the Federal Republic) had a number of motives. First, the sale was an important step in converting a government-run telephone monopoly into a nimble competitor in the emerging European and world telecommunications market. In anticipation of a fully competitive European telecommunications regime in 1998, Deutsche Telekom ("DT") had been …
Putting Sex To Work, Katherine M. Franke
Putting Sex To Work, Katherine M. Franke
Faculty Scholarship
When I was living in New Haven a number of years ago, a miracle happened that drew people by the thousands to witness evidence of the Divine. A crucifix had been found to appear in the body of an oak tree in the middle of Worchester Square. I went – after all, how often do you get to see that kind of thing? Not surprisingly, at first I couldn't see anything but the usual trunk and limbs of a tree. Yet a believer took the time to show me what was really there, something that my untrained eye could not …
Rights, Wrongs, And Recourse In The Law Of Torts, Benjamin C. Zipursky
Rights, Wrongs, And Recourse In The Law Of Torts, Benjamin C. Zipursky
Faculty Scholarship
No abstract provided.
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Faculty Scholarship
This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …
Learning From The Unpleasant Truths Of Interfaith Conversations: William Stringfellow's Lessons For The Jewish Lawyer, Russell G. Pearce
Learning From The Unpleasant Truths Of Interfaith Conversations: William Stringfellow's Lessons For The Jewish Lawyer, Russell G. Pearce
Faculty Scholarship
As the religious lawyering movement expands, so too will the opportunities for interfaith conversations about lawyering. At the level of superficial pleasantries, these conversations will probably add warm feelings of camraderie but little else. When they advance to deeper levels of intellectual and emotional connection, they offer the potential for developing close friendships, learning significant new insights, and discovering hurtful differences. Only by risking the pain of such conversations can we gain the full benefit of interfaith conversation for enriching our "zest for spiritual living." This essay will employ the writings of William Stringfellow, a Christian lawyer and theologian, to …
The Property Of Death, Tanya K. Hernandez
The Property Of Death, Tanya K. Hernandez
Faculty Scholarship
Who owns death and why do we care? The question of who owns death is implicitly deliberated each time a legal dispute ensues over who can direct the manner of a decedent's burial. There is no definitive legal rule as to who has the right to control the disposal of mortal remains because there is no agreement as to who owns a body after death or whether the cadaver is subject to traditional property rights. Although most states have probate laws and health codes which authorize a decedent (or in the alternative, a priority list of family members) to direct …
Life Before The Modern Sex Offender Statutes , Deborah W. Denno
Life Before The Modern Sex Offender Statutes , Deborah W. Denno
Faculty Scholarship
This Article examines the social and legal developments that fueled the origins and recurring problems of sex offender laws. Part I of this Article discusses the primary precursors of the sexual psychopath statutes that encouraged the public's and politicians' acceptance of the concept of sexual psychopathy: the increasing sexualization of American society, changes in gender roles and relations, the valuation of children and the family unit, and the influx of psychiatry. Part II describes how the diagnosis of sexual psychopathy slowly developed as a result of the criminal justice system's growing tendency to explain criminal behavior in psychoanalytic terms. Part …
Foreword Symposium: Fourth Annual Mid-Atlantic People Ofcolor Legal Scholarship Conference: Law And Literature: Examining The Limited Legal Imagination In The Traditional Legal Canon, Sheila R. Foster
Faculty Scholarship
The Fourth Annual Mid-Atlantic People of Color Legal Scholarship Conference, which took place at Rutgers Law School in Camden on February 12-14, 1998, poignantly captured the theme around which the conference was organized. The theme of the conference was "Law and Literature: Examining the Limited Legal Imagination in the Traditional Legal Canon." True to the theme of the conference, many presenters sought to expand our collective imagination through poetry, fiction, and narrative. The presentations were intellectually stimulating and provocative. Indeed, there was a literary quality to some of the presentations. Perhaps most importantly, the conference itself, in the tradition of …
Rescuing Reliance: The Perils Of Promissory Estoppel, Charles L. Knapp
Rescuing Reliance: The Perils Of Promissory Estoppel, Charles L. Knapp
Faculty Scholarship
No abstract provided.
Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan Tsen Lee
Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan Tsen Lee
Faculty Scholarship
No abstract provided.
The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall
The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall
Faculty Scholarship
No abstract provided.
Foreword, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.
Foreword, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
The Geopolitical Constitution: Executive Expediency And Executive Agreements, Joel R. Paul
The Geopolitical Constitution: Executive Expediency And Executive Agreements, Joel R. Paul
Faculty Scholarship
No abstract provided.
Legal Education Then And Now: Changing Patterns In Legal Training And In The Relationship Of Law Schools To The World Around Them, Joan C. Williams, Bob Gordon, Jack Schlegel, James May
Legal Education Then And Now: Changing Patterns In Legal Training And In The Relationship Of Law Schools To The World Around Them, Joan C. Williams, Bob Gordon, Jack Schlegel, James May
Faculty Scholarship
No abstract provided.
Trade Dress Protection For Product Configurations And The Federal Right To Copy, Margreth Barrett
Trade Dress Protection For Product Configurations And The Federal Right To Copy, Margreth Barrett
Faculty Scholarship
No abstract provided.
Recent Publications: Puerto Rico, Christina D. Ponsa-Kraus
Recent Publications: Puerto Rico, Christina D. Ponsa-Kraus
Faculty Scholarship
Ask yourself why you are reading a review of a book about a colony called Puerto Rico in a journal on international law. Isn't Puerto Rico a self-governing Commonwealth? Isn't it part of the United States? If you decide to buy the book, ask yourself where in the bookstore you should look for it. In the international relations section? The U.S. history section? A turn-of-the-century Supreme Court case analyzing the status of Puerto Rico (and other territories "acquired" by the United States in 1901) may provide some guidance: Puerto Rico is "foreign in a domestic sense."' Perhaps the bookstore has …
Modern Mail Fraud: The Restoration Of The Public/Private Distinction, John C. Coffee Jr.
Modern Mail Fraud: The Restoration Of The Public/Private Distinction, John C. Coffee Jr.
Faculty Scholarship
Over their long history, the mail and wire fraud statutes have gone through repeated periods of rapid expansion and contraction. The 1970s saw the flowering of the "intangible rights doctrine," an exotic flower that quickly overgrew the legal landscape in the manner of the kudzu vine until by the mid- 1980s few ethical or fiduciary breaches seemed beyond its potential reach. That doctrine was radically pruned by the Supreme Court in 1987 in the McNally decision, which held that the federal mail and wire fraud statutes reached only those schemes that intentionally sought to deprive their victims of money or …
The Political Economy Of Statutory Reach: U.S. Disclosure Rules In A Globalizing Market For Securities, Merritt B. Fox
The Political Economy Of Statutory Reach: U.S. Disclosure Rules In A Globalizing Market For Securities, Merritt B. Fox
Faculty Scholarship
This Article addresses the appropriate reach of the U.S. mandatory securities disclosure regime. While disclosure obligations are imposed on issuers, they are triggered by transactions: the public offering of, or public trading in, the issuers' shares. Share transactions are taking on an increasingly transnational character. The barriers to a truly global market for equities continue to lessen: financial information is becoming increasingly globalized and it is becoming increasingly inexpensive and easy to effect share transactions abroad. There are approximately 41,000 issuers of publicly traded shares in the world. For an ever larger portion of these issuers, there will be significant …
Ownership Of Electronic Rights And The Private International Law Of Copyright, Jane C. Ginsburg
Ownership Of Electronic Rights And The Private International Law Of Copyright, Jane C. Ginsburg
Faculty Scholarship
When, in response to a French decision upholding the rights of employee journalists to prevent the publisher's unauthorized licensing of electronic rights in the journalists' articles, French newspaper publishers yearn for "American-style copyright," they must imagine a work-made-for-hire nirvana in which publishers dispose of all rights in contributions to their periodicals, heedless of (and legally shielded from) authors' pesty claims for payment or control. To the extent that the work-made-for-hire doctrine applies, the publishing paradise conjured up by these French fantasies of law "reform" is very real indeed. Under U.S. copyright law, employee creators are not statutory "authors;" their employer …
Controlling Corporate Agency Costs: A United States-Israeli Comparative Law, Zohar Goshen
Controlling Corporate Agency Costs: A United States-Israeli Comparative Law, Zohar Goshen
Faculty Scholarship
The "Corporation" assumes a central position in modem economic life. This is due mainly to the fact that major portions of our economic activities are performed by corporations. Numerous authors have pondered the essence of the corporate phenomenon, proposing various theories for the uniqueness of the corporation as opposed to other possible structures for operating a business. The main line of analysis focuses on the central characteristic of the modem corporation: the separation of ownership and control. Managing a business through the means of a corporation allows one to exploit the advantages of specialization. On one hand, shareholders benefit from …
The Justiciability Of Paraguay's Claim Of Treaty Violation, Lori Fisler Damrosch
The Justiciability Of Paraguay's Claim Of Treaty Violation, Lori Fisler Damrosch
Faculty Scholarship
The U.S. Government's position asserting nonjusticiability of the treaty claims raised by Paraguay in the domestic and international lawsuits is disturbing. The Government's amicus filings at the court of appeals and the Supreme Court denied that Paraguay's claims belonged in federal court (or indeed in any court at all); at the International Court of Justice, the United States admitted a treaty violation but denied the competence of that tribunal to enter a judicial remedy. At one or another phase of these proceedings, the U.S. Government pressed a variety of arguments that (if accepted) would rule out virtually any judicial consideration …
High-Level, "Tenured" Lawyers, Thomas W. Merrill
High-Level, "Tenured" Lawyers, Thomas W. Merrill
Faculty Scholarship
Government lawyers can be broadly categorized as either political or civil service appointees. The political appointees constitute a thin layer at or near the top of the hierarchy of government lawyers. They include, most prominently, presidential appointees – "Officers of the United States" who must be nominated and confirmed by the Senate prior to their appointment. They also include a variety of lesser lawyers who are exempt from most of the civil service laws. Such exempt "inferior Officers" include, for example, the lawyers in the White House Counsel's office and so-called "Schedule C" lawyers who hold positions "of a confidential …
Authors As "Licensors" Of "Informational Rights" Under U.C.C. Article 2b, Jane C. Ginsburg
Authors As "Licensors" Of "Informational Rights" Under U.C.C. Article 2b, Jane C. Ginsburg
Faculty Scholarship
U.C.C. Articles 2B of the Uniform Commercial Code was designed primarily to regulate online and mass market transactions, particularly the licensing of computer software. Its effects, however, will extend to authors of works other than computer software. This Article considers the effects Article 2B would have on dealings between those authors and the exploiters of the authors' works. By reducing procedural barriers to the formation of licenses, Article 2B would make it all too easy for an author to assent to contract terms that may heavily favor an exploiter of the author's work. On the other hand, default contract terms …
Demons And Angels In Hazardous Waste Regulation: Are Justice, Efficiency, And Democracy Reconcilable?, Michael B. Gerrard
Demons And Angels In Hazardous Waste Regulation: Are Justice, Efficiency, And Democracy Reconcilable?, Michael B. Gerrard
Faculty Scholarship
The Superfund program is perhaps environmental law's best Rorschach test, in which those who write about the national effort to clean up contaminated sites disclose as much about their own philosophies of justice, democracy, and economic efficiency as about environmental legislation. The ten books reviewed here show deep conflicts among these values. I argue, based on these disparate judgments, that many of the Superfund debates have an almost religious character. The law has been shaped to fit the view that demonic polluters were, and remain, at work. The law also reflects a sense of higher duty to future generations – …
Foreword: Should The Family Be Represented As An Entity?: Reexamining The Family Values Of Legal Ethics, Russell G. Pearce
Foreword: Should The Family Be Represented As An Entity?: Reexamining The Family Values Of Legal Ethics, Russell G. Pearce
Faculty Scholarship
No abstract provided.