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Articles 7051 - 7080 of 8078
Full-Text Articles in Entire DC Network
Generally Applicable Laws And The First Amendment, David S. Bogen
Generally Applicable Laws And The First Amendment, David S. Bogen
Faculty Scholarship
No abstract provided.
Legal Process And Choice Of Law, William L. Reynolds
Legal Process And Choice Of Law, William L. Reynolds
Faculty Scholarship
No abstract provided.
Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin
Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin
Faculty Scholarship
No abstract provided.
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Faculty Scholarship
No abstract provided.
Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark
Can Poverty Lawyers Play Well With Others? Including Lawyers In Integrated, School-Based Service Delivery Programs, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
The Piracy Gap: Protecting Intellectual Property In An Era Of Artistic Creativity And Technological Change, Sherri L. Burr
The Piracy Gap: Protecting Intellectual Property In An Era Of Artistic Creativity And Technological Change, Sherri L. Burr
Faculty Scholarship
This Essay explores what Mark Twain, Bill Gates, and Live Crew have in common with other artistic and informational pioneers. Their creative visions and works challenge society to develop new legal methods for regulating the artistic and technological expansion. As this Essay demonstrates, law follows technology, albeit slowly. The author predicts that the next twenty-five years will pose more challenges to intellectual property laws than the last fifty. As new forms of art are created, reflected in the case of rap music, and new forms of communication evolve onto the information highway, new methods of piracy will abound. The challenge …
Learning To Teach, Teaching To Learn, Kathryn M. Plank, Diane M. Enerson, Susannah Milner, R. Neill Johnson
Learning To Teach, Teaching To Learn, Kathryn M. Plank, Diane M. Enerson, Susannah Milner, R. Neill Johnson
Faculty Scholarship
No abstract provided.
The Unfocused Regulation Of Toxic And Hazardous Pollutants, John C. Dernbach
The Unfocused Regulation Of Toxic And Hazardous Pollutants, John C. Dernbach
Faculty Scholarship
No abstract provided.
Campaign Finance Reform: Still Searching Today For A Better Way, Joel Gora
Campaign Finance Reform: Still Searching Today For A Better Way, Joel Gora
Faculty Scholarship
No abstract provided.
Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya
Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya
Faculty Scholarship
I analyze the connection of affirmative action to two models of race and racism. I contend that the Supreme Court Justices who continue to support affirmative action adhere to a "prejudice" model in which race is a concept to be overcome and racism is merely a condition of individual ignorance. 13 On the other hand, I posit that Professor Butler's proposals fall within a "white supremacy" model, which looks at race as a historically contingent concept that has been used to subordinate non-white peoples from precolonial times through the present. This historical perspective offers the possibility that the concept of …
Restoring The Humanitarian Character Of U.S. Refugee Law: Lessons From The International Community, Jennifer Moore
Restoring The Humanitarian Character Of U.S. Refugee Law: Lessons From The International Community, Jennifer Moore
Faculty Scholarship
This response essay will first characterize UNHCR's role in the international protection of refugees, as a means of assessing the relevance of UNHCR's perspective to U.S. judicial decision-making in the area of asylum. The paper will then respond to each of the three problematic issues which Professor Fitzpatrick identifies in contemporary U.S. asylum law, by presenting, in each case, a broad proposition of international law which will then be substantiated with reference to relevant principles, guidelines and insights from the international refugee protection community of which UNHCR is a part. Finally, the essay's conclusion will offer a possible rationale for …
Media And Monopoly In The Nformation Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon
Media And Monopoly In The Nformation Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon
Faculty Scholarship
No abstract provided.
Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen
Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen
Faculty Scholarship
This Article addresses physician-assisted suicide and the medical treatment of pain and suffering. Part II discusses various medical misconceptions about the treatment of pain and how modern medicine fails to fulfill this aspect of its palliative care role. Part III reviews how the law currently circumscribes the patient and doctor's ability to make medical decisions when the patient is terminally ill. As will be shown, the law is clearer and more respectful of good medical practice than most medical practitioners currently believe. Moreover, this section will also establish that, while several competing philosophical positions surrounding physician-assisted suicide exist, these same …
Towards A More Balanced Treatment Of Bidder And Target Shareholders, Miriam H. Baer
Towards A More Balanced Treatment Of Bidder And Target Shareholders, Miriam H. Baer
Faculty Scholarship
No abstract provided.
Coalescing Communities, Discourses And Practices: Synergies In The Anti-Subordination Project, Barbara Cox
Coalescing Communities, Discourses And Practices: Synergies In The Anti-Subordination Project, Barbara Cox
Faculty Scholarship
No abstract provided.
An Artist's Privilege, Niels Schaumann
An Artist's Privilege, Niels Schaumann
Faculty Scholarship
This article examines visual art in light of the letter and the spirit of the Constitution's Copyright Clause and the Copyright Act of 1976 (“Act”) and concludes that artists should have the freedom to copy works, not only of popular culture, but of all kinds. In other words, people creating art should be permitted to copy anything and everything. This is not to suggest that copyright serves no purpose: destroying the copyright edifice merely to protect the ability of certain artists to create would be dangerous and foolhardy. Practical limitations on an artist's privilege to copy can be imposed to …
From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith
From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith
Faculty Scholarship
No abstract provided.
A Field Trip To Benetton And Beyond: Some Thoughts On Outsider Narrative In A Law School Clinic, Carolyn Grose
A Field Trip To Benetton And Beyond: Some Thoughts On Outsider Narrative In A Law School Clinic, Carolyn Grose
Faculty Scholarship
This essay explores the process of teaching students—and ourselves—to listen to and accept different versions of reality. Such exploration results in a proposition that is easy to state but difficult to accomplish: that in order to achieve this goal, we must challenge the students' "common sense”—their sense that they "know" how people act—by offering examples of behaviors that differ from that knowledge, without triggering the very "common sense" we are trying to combat. Toward this end, the first section of the essay presents a hypothetical initial interview with a client, and the student interviewer's reactions to her, which reflect the …
Protection Of Famous Trademarks In Japan And The United States, Kenneth L. Port
Protection Of Famous Trademarks In Japan And The United States, Kenneth L. Port
Faculty Scholarship
The concepts of trademark jurisprudence in Japan and the United States differ drastically. This difference is apparent in many aspects of trademark protection in both countries and is most evident in the treatment of famous marks. Although Japan and the United States share elements of trademark law that cause some observers to claim that Japan is legally the fifty-first State, the conceptual differences at the foundation of trademark law in each country are so significant that such a claim seems inaccurate and misleading.
Sex Offender Commitments: Debunking The Official Narrative And Revealing The Rules-In-Use, Eric S. Janus
Sex Offender Commitments: Debunking The Official Narrative And Revealing The Rules-In-Use, Eric S. Janus
Faculty Scholarship
Sex offender commitment laws present courts with a difficult choice: either allow creative efforts to prevent sexual violence or enforce traditional constitutional safeguards constraining the power of the state to deprive citizens of their Iiberty. Three state supreme courts have deflected this hard choice while upholding sex offender commitment schemes. As part of their ""official narrative"" that legitimizes sex offender commitments, the courts claim that society can have prevention and still maintain the primacy of the criminal justice system. This narrative neutralizes the conflict in values by claiming that sex offender commitments are just like mental illness commitments, a small, …
Will Books Survive In Tommorow's Library?, Pat Newcombe
Will Books Survive In Tommorow's Library?, Pat Newcombe
Faculty Scholarship
The Author discusses how Library leaders foresee the library of the future providing a complementary combination of both digital and book collections. The complexity of technology change will call for library professionals who are just as comfortable navigating a cyberspace of electronic information resources as working with traditional resources. Libraries in the future must maintain a balance between the extremes of the digital library and the low-tech library of the past.
Shareholder Enforced Market Discipline: How Much Is Too Much?, Eric J. Gouvin
Shareholder Enforced Market Discipline: How Much Is Too Much?, Eric J. Gouvin
Faculty Scholarship
This Article considers the federal banking regulation regime implemented in response to the widespread bank failures of the 1980s and early 1990s. The first section of the Article examines the moral hazard problem created by the presence of the deposit insurance scheme and the market discipline debate that has attempted to correct the moral hazard problem. The Author argues that the law has evolved to make bank holding companies the primary enforcers of market discipline. The Article’s second section examines the specific regulatory changes that have been designed to create an incentive for bank holding companies to impose discipline on …
Towards A More Balanced Treatment Of Bidder And Target Shareholders, Miriam Baer
Towards A More Balanced Treatment Of Bidder And Target Shareholders, Miriam Baer
Faculty Scholarship
No abstract provided.
The First Amendment In The Supreme Court: The Future Lies Ahead, Joel Gora
The First Amendment In The Supreme Court: The Future Lies Ahead, Joel Gora
Faculty Scholarship
No abstract provided.
A Letter From Appalachia, Deborah A. Schmedemann
A Letter From Appalachia, Deborah A. Schmedemann
Faculty Scholarship
The author describes a sabbatical spent working with the Appalachian Research and Defense Fund of Kentucky and volunteering as an adult literacy tutor. She describes the difficulties that face many people in that area who are in need of legal action and representation, and notes the importance of funding for legal aid for the poor.
Private Actors & (And) Structural Balance: Militia & (And) The Free Rider Problem In Private Provision Of Law, Andrew P. Morriss
Private Actors & (And) Structural Balance: Militia & (And) The Free Rider Problem In Private Provision Of Law, Andrew P. Morriss
Faculty Scholarship
Miners in Montana in the 1860s created "common law," nongovernmental legal institutions which dispensed millions of dollars of public resources to private individuals. Armed Vigilantes rode across the territory administering private justice. They hung twenty-two men, including an elected sheriff and his deputies. Even as Montana finally became a territory in May 1864, "it nevertheless chose still to regard itself as back of beyond, as a remote, independent, and untouchable empire. It resented and continually obstructed, ungratefully, the federal controls which accompanied the blessings of territorial recognition." Such activities were not limited to the early days of the Montana Territory: …
Introduction To This Symposium And A Guide To Issues In Mergers And Acquisitions, Samuel C. Thompson Jr.
Introduction To This Symposium And A Guide To Issues In Mergers And Acquisitions, Samuel C. Thompson Jr.
Faculty Scholarship
No abstract provided.
Firm Capabilities And Managerial Decision-Making: A Theory Of Innovation Biases, Janet E. L. Bercovitz, John M. De Figueiredo, David J. Teece
Firm Capabilities And Managerial Decision-Making: A Theory Of Innovation Biases, Janet E. L. Bercovitz, John M. De Figueiredo, David J. Teece
Faculty Scholarship
No abstract provided.
A Virtuous Warrior In A Savage World, Charles J. Dunlap Jr.
A Virtuous Warrior In A Savage World, Charles J. Dunlap Jr.
Faculty Scholarship
Divining the nature of future war is always problematic. President Eisenhower warned that "Every war is going to astonish you in the way it has occurred, and in the way it is carried out." The United States must, of course, be prepared to meet a wide range of contingencies. Paramount among them would be a threat posed by a "peer competitor," that is, a state capable of battling the United States with comparable forces employing largely orthodox tactics. Although it is almost certain that one will arise in the future, no nation exists today that can challenge America symmetrically as …
Foreign Investment Cycles In Emerging Economies, Amy L. Chua
Foreign Investment Cycles In Emerging Economies, Amy L. Chua
Faculty Scholarship
No abstract provided.