Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (9209)
- Constitutional Law (1091)
- Criminal Law (775)
- Intellectual Property Law (503)
- Business Organizations Law (494)
-
- Law and Economics (477)
- Civil Rights and Discrimination (473)
- Criminal Procedure (466)
- Social and Behavioral Sciences (446)
- Health Law and Policy (411)
- Courts (400)
- International Law (390)
- Law and Society (363)
- Banking and Finance Law (356)
- Legal History (318)
- Administrative Law (317)
- Other Law (308)
- Contracts (283)
- Law and Politics (283)
- Jurisprudence (271)
- Law and Race (271)
- Science and Technology Law (260)
- Securities Law (257)
- Physical Sciences and Mathematics (252)
- Law Enforcement and Corrections (245)
- Tax Law (242)
- Torts (242)
- Legal Education (240)
- Supreme Court of the United States (231)
- Law and Gender (229)
- Institution
-
- Columbia Law School (2100)
- Boston University School of Law (1446)
- Duke Law (1293)
- Brooklyn Law School (818)
- Texas A&M University School of Law (805)
-
- UC Law SF (737)
- Fordham Law School (652)
- Case Western Reserve University (543)
- University of Maryland Francis King Carey School of Law (424)
- University of New Mexico (314)
- Penn State Dickinson Law (269)
- Mitchell Hamline School of Law (214)
- California Western School of Law (206)
- Western New England University (151)
- Lindenwood University (133)
- Brigham Young University Law School (120)
- Barry University School of Law (110)
- Widener University Commonwealth Law School (110)
- Nova Southeastern University (108)
- James Madison University (31)
- Belmont University (19)
- Florida Atlantic University (18)
- Colby College (17)
- University of San Diego (14)
- Otterbein University (5)
- University of Louisiana at Lafayette (3)
- Lesley University (1)
- St. Mary's University (1)
- Texas Southern University (1)
- University of Arkansas Little Rock (1)
- Keyword
-
- SSRN (259)
- Constitutional law (232)
- Supreme Court (174)
- Criminal law (168)
- Columbia Law Review (137)
-
- Corporate governance (113)
- Law (110)
- Intellectual property (108)
- Judicial review (101)
- Copyright (99)
- Civil rights (98)
- Race (97)
- Administrative law (95)
- International law (89)
- Jurisprudence (85)
- Privacy (85)
- Artificial intelligence (84)
- Constitution (83)
- Courts (82)
- Originalism (82)
- United States (78)
- Discrimination (75)
- Criminal procedure (72)
- Federalism (72)
- Contracts (69)
- Criminal justice (69)
- Arbitration (67)
- Separation of powers (65)
- Human rights (64)
- Patents (63)
- Publication Year
- File Type
Articles 8881 - 8910 of 10664
Full-Text Articles in Entire DC Network
Legal Process And Choice Of Law, William L. Reynolds
Legal Process And Choice Of Law, William L. Reynolds
Faculty Scholarship
No abstract provided.
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.
Major Constitutional And Administrative Decisions Of 1996: Progress Of The Supreme Court Of Pennsylvania, John L. Gedid
Major Constitutional And Administrative Decisions Of 1996: Progress Of The Supreme Court Of Pennsylvania, John L. Gedid
Faculty Scholarship
No abstract provided.
Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski
Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski
Faculty Scholarship
No abstract provided.
Summary Judgment In Pennsylvania: Time For Another Look At Credibility Issues, J. Palmer Lockard Ii
Summary Judgment In Pennsylvania: Time For Another Look At Credibility Issues, J. Palmer Lockard Ii
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.
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.
Gas Mass Fractions And The Evolution Of Spiral Galaxies, Stacy S. Mcgaugh
Gas Mass Fractions And The Evolution Of Spiral Galaxies, Stacy S. Mcgaugh
Faculty Scholarship
We show that the gas mass fraction of spiral galaxies is strongly correlated with luminosity and surface brightness. It is not correlated with linear size. Gas fraction varies with luminosity and surface brightness at the same rate, indicating evolution at fixed size. Dim galaxies are clearly less evolved than bright ones, having consumed only ∼1/2 of their gas. This resolves the gas consumption paradox, since there exist many galaxies with large gas reservoirs. These gas-rich galaxies must have formed the bulk of their stellar populations in the last half of a Hubble time. The existence of such immature galaxies at …
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 …
Protections For Erisa Self-Insured Employee Welfare Benefit Plan Participants: New Possibilities For State Action In The Event Of Plan Failure, Mark A. Edwards
Protections For Erisa Self-Insured Employee Welfare Benefit Plan Participants: New Possibilities For State Action In The Event Of Plan Failure, Mark A. Edwards
Faculty Scholarship
Employees who receive health benefits through ERISA self-insured plans need protection when self-insured plans fail. Because of the breadth of ERISA preemption, states have been unable to assess ERISA self-insured plans for contribution to state insurance guaranty funds, and thus have been unable to include those employees in the protection of those funds. Further, attempts at federal reform to protect these employees have failed to garner support. However, under the recent Travelers, United Wire, and Safeco decisions, it may be possible for states to assess ERISA self-insured funds and their participants through a combination of hospital use surcharges and taxes …
Rethinking Remedies At The Intersection Of Intellectual Property And Contract: Toward A Unified Body Of Law, Maureen A. O'Rourke
Rethinking Remedies At The Intersection Of Intellectual Property And Contract: Toward A Unified Body Of Law, Maureen A. O'Rourke
Faculty Scholarship
As society continues to move "on-line"' and technology advances in fields such as biotechnology, a paradigm shift is occurring. Investors are focusing less on asset valuations based on the physical goods owned by a particular firm and more on the value of intangibles-the information and know-how possessed by the firm and embodied in its intellectual property rights. Firms and even entire industries have grown up with the primarily paper assets of patents and copyrights.
Some Preliminary Thoughts On The Deregulation Of Insurance To Advantage The Working Poor, Maria O'Brien
Some Preliminary Thoughts On The Deregulation Of Insurance To Advantage The Working Poor, Maria O'Brien
Faculty Scholarship
The regulatory framework in which employee benefits products are marketed and consumed by individuals and groups seeking to reduce exposure to covered events creates a set of background rules. These rules influence the way in which insurance products are developed and impact the number of people who will enjoy the protection these insurance products afford. This means that every proposal to regulate an employment related insurance product likely will affect both the quality and quantity of insurance available to consumers. For example, over the past decade, as the public and professionally-interested parties have grappled with the insurance implications of the …
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.
The Lesbian Wife: Same-Sex Marriage As An Expression Of Radical And Plural Democracy, Barbara Cox
The Lesbian Wife: Same-Sex Marriage As An Expression Of Radical And Plural Democracy, Barbara Cox
Faculty Scholarship
This Paper considers three ideas. The first is recognizing that a "reactionary and exclusionary democracy" exists in this country today. The second is considering the argument by some gay and lesbian activists that including gay men and lesbians under the rubric of state-sanctioned marriage will actually prevent a "radical and plural democracy" from occurring by removing the "outlaw" nature of the queer community and leading to the wholesale movement of gays and lesbians from the "anti-subordination project" into the mainstream middle-class. The third argues that, despite this concern, the gay and lesbian community can help move the country toward a …
Does Privacy Really Have A Problem In The Law Of Criminal Procedure?, Daniel B. Yeager
Does Privacy Really Have A Problem In The Law Of Criminal Procedure?, Daniel B. Yeager
Faculty Scholarship
Agreeing with William Stuntz's conclusion that privacy retains a significant position in the law of criminal procedure, the author defends a privacy-oriented procedural regime that can .be reconciled with an activist regulatory state. Part One of this Article suggests that the comparatively light judicial supervision of police coercion owes more to the conditions under which force is used than to what Stuntz views as the Court's indifference to what police do to us, or to its "obsession" over what police can see and hear. By redescribing questions of privacy, or questions of privacy and coercion, merely as questions of coercion, …
Dangerous Games And The Criminal Law, Daniel B. Yeager
Dangerous Games And The Criminal Law, Daniel B. Yeager
Faculty Scholarship
This essay means to correct the ways in which the law of homicide deals with lucky winners or survivors of dangerous games that end in the deaths of unlucky (dead) "losers" or even unluckier non-participants. Drag racing and Russian roulette are my focus, not only because they are so frequently litigated, but also because most other (unlawful) excessive risk-taking ventures are not, grammatically, what we mean when we say "game." It is not so much my intention to evaluate the role that "moral luck" plays generally in the world or specifically in the criminal law. It is my position that …
Will Boys Just Be Boyz N The Hood? African-American Directors Portray A Crumbling Justice System In Urban America, Justin P. Brooks
Will Boys Just Be Boyz N The Hood? African-American Directors Portray A Crumbling Justice System In Urban America, Justin P. Brooks
Faculty Scholarship
In the 1990s several African-American directors have explored issues of urban justice through stories of children growing up in urban America. Films such as Boyz N the Hood have brought vivid images of disenfranchised and violent neighborhoods and the obstacles involved in growing up in these neighborhoods. These films question whether the criminal justice system works in neighborhoods isolated from both the creation and the protections of the legal system, and where the rules of the criminal justice system sometimes collide with the rules of the neighborhood justice system.
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.
Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.
Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.
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 …
Arriving At Reasonable Alternative Design: The Reporters' Travelogue, Aaron Twerski, J. A. Henderson
Arriving At Reasonable Alternative Design: The Reporters' Travelogue, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
Indemnity Of Legal Fees, Avery W. Katz
Indemnity Of Legal Fees, Avery W. Katz
Faculty Scholarship
This article surveys the effects of legal fee shifting on a variety of decisions arising before and during the litigation process. Section 2 provides a brief survey of the practical situations in which legal fee shifting does and does not arise. Section 3 analyzes the effects of indemnification on the incentives to expend resources in litigated cases. Section 4 examines how indemnification influences the decisions to bring and to defend against suit, and Section 5 assesses its effects on the choice between settlement and trial. Section 6 addresses the interaction between the allocation of legal fees and the parties' incentives …
The Truth About Secured Financing, Robert E. Scott
The Truth About Secured Financing, Robert E. Scott
Faculty Scholarship
The debate over the social value of secured credit (and the appropriate priority for secured claims in bankruptcy) is entering its nineteenth year. Yet the continuing publication of succeeding generations of articles exploring the topic have yielded precious little in the way of an emerging scholarly consensus about the nature and function of secured credit. Put simply, we still do not have a theory, of finance that explains why firms sometimes (but not always) issue secured debt rather than unsecured debt or equity. Moreover (and perhaps because of the lack of any plausible general theory), we lack any persuasive empirical …
The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso
The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso
Faculty Scholarship
The legal response to juvenile crime is undergoing revolutionary change, and its ultimate shape is uncertain. The traditional juvenile court, grounded in optimism about the potential for rehabilitation of young offenders, has long been the target of criticism, and even its defenders have been forced to acknowledge that it has failed to meet its objectives. Beginning in the late 1960s, when the Supreme Court introduced procedural regularity to delinquency proceedings in In re Gault, courts and legislatures began to slowly chip away at the foundations of the juvenile justice system. Recent developments have accelerated and intensified that process, as …
Does Public Choice Theory Justify Judicial Activism After All?, Thomas W. Merrill
Does Public Choice Theory Justify Judicial Activism After All?, Thomas W. Merrill
Faculty Scholarship
Some legal scholars have argued that public choice theory justifies certain kinds of judicial activism. Others have said it does not. Given the present state of the debate, it would appear that those finding no necessary support for judicial activism have the stronger argument. I will suggest, however, that if we tweak the analysis a little further, it may turn out that public choice theory provides limited support for judicial activism after all.
The Folklore Of Investor Capitalism, John C. Coffee Jr.
The Folklore Of Investor Capitalism, John C. Coffee Jr.
Faculty Scholarship
Ideally, Thurman Arnold should review this book. In his The Folklore of American Capitalism, Arnold dissected the ideology and rationalizations by which the business community of an earlier day defended its legitimacy and perquisites. Michael Useem, a sociologist at the Wharton School, also has an interest in the ideology of the business community: how corporate managers view the new institutional investors, how they justify resistance, and the tensions and inconsistencies between their critiques of money managers and their own behavior. This is an underutilized perspective (which law and economics inherently tends to overlook), and Useem is at his best …
The Role Of Secured Credit In Small-Business Lending, Ronald J. Mann
The Role Of Secured Credit In Small-Business Lending, Ronald J. Mann
Faculty Scholarship
The traditional perspective holds that large firms in our economy use unsecured credit and small firms use secured credit. Existing scholarship, however, has provided little explanation of that pattern. In a recent article, I attributed the use of unsecured credit by large firms to the limited capacity of secured credit to lower the lending costs of creditworthy companies. This article uses data from a dozen interviews with small-business bankers to explain the small-business half of that lending pattern. To the extent smallbusiness lenders require secured credit, they do so largely for one significant benefit: secured credit allows small-business lenders to …
Legal Design And The Evolution Of Commercial Norms, Jody S. Kraus
Legal Design And The Evolution Of Commercial Norms, Jody S. Kraus
Faculty Scholarship
The Uniform Commercial Code determines the content of most commercial law default rules by incorporating common merchant practices. The success of this incorporation strategy depends on the likely efficiency of evolved commercial practices. In this Article, I use the best available theory of cultural evolution to analyze how and why commercial practices evolve. This analysis confirms that the incorporation strategy is far superior to a system in which lawmakers rely predominantly on individual analysis and experimentation to design commercial law. But the analysis also demonstrates that common commercial practices, and the laws incorporating them, are unlikely to be optimal, in …