Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (10040)
- Constitutional Law (740)
- Health Law and Policy (714)
- International Law (682)
- Social and Behavioral Sciences (633)
-
- Intellectual Property Law (618)
- Criminal Law (561)
- Business Organizations Law (475)
- Law and Economics (441)
- Civil Rights and Discrimination (436)
- Medicine and Health Sciences (420)
- Legal Education (416)
- Law and Society (385)
- Environmental Law (375)
- Banking and Finance Law (355)
- Law and Gender (344)
- Comparative and Foreign Law (341)
- Criminal Procedure (307)
- Law and Race (295)
- Legal History (292)
- Administrative Law (290)
- Law and Politics (289)
- Physical Sciences and Mathematics (286)
- Legal Profession (273)
- Courts (271)
- Securities Law (264)
- Other Law (254)
- Family Law (252)
- Legal Ethics and Professional Responsibility (242)
- Science and Technology Law (242)
- Institution
-
- Columbia Law School (1935)
- Duke Law (1605)
- Boston University School of Law (1573)
- UC Law SF (1047)
- Case Western Reserve University (919)
-
- Texas A&M University School of Law (886)
- Brooklyn Law School (687)
- Fordham Law School (662)
- University of Maryland Francis King Carey School of Law (573)
- University of New Mexico (420)
- Lindenwood University (297)
- Penn State Dickinson Law (242)
- California Western School of Law (231)
- Brigham Young University Law School (218)
- Mitchell Hamline School of Law (216)
- Nova Southeastern University (153)
- Western New England University (149)
- Barry University School of Law (120)
- Widener University Commonwealth Law School (99)
- Belmont University (31)
- Colby College (29)
- James Madison University (29)
- Florida Atlantic University (26)
- University of Arkansas Little Rock (22)
- Wofford College (11)
- University of Louisiana at Lafayette (8)
- University of San Diego (8)
- Lesley University (7)
- Otterbein University (3)
- University of Southern Maine (3)
- Keyword
-
- Constitutional law (201)
- International law (175)
- SSRN (172)
- Law (154)
- Intellectual property (138)
-
- Artificial intelligence (124)
- Copyright (121)
- Corporate governance (115)
- Human rights (115)
- Privacy (110)
- Supreme Court (106)
- Criminal law (103)
- Race (101)
- Climate change (95)
- Legal education (95)
- Civil rights (87)
- Yale Law Journal (86)
- Copyright law (82)
- Courts (82)
- Ethics (78)
- Discrimination (77)
- New York Law Journal (75)
- United States (75)
- Administrative law (74)
- Regulation (73)
- Health law (67)
- Arbitration (65)
- Patents (65)
- Jurisprudence (64)
- Public health (62)
- Publication Year
- File Type
Articles 11761 - 11790 of 12210
Full-Text Articles in Entire DC Network
Sabotaging And Reconstructing History: A Comment On The Scope Of Copyright Protection In Works Of History After Hoehling V. Universal City Studios, Jane C. Ginsburg
Sabotaging And Reconstructing History: A Comment On The Scope Of Copyright Protection In Works Of History After Hoehling V. Universal City Studios, Jane C. Ginsburg
Faculty Scholarship
This comment examines the Hoehling decision, and attempts a definition, in light of Hoehling and prior decisions, of historical "expression." A definition of historical expression is essential to analysis of an historian's infringement claim. Before the fact-finder determines whether a defendant's work is substantially similar to the historian's work, and if substantially similar, whether the fair use doctrine excuses the apparent infringement, the trial judge must first determine whether, as a matter of law, the portions the historian claims were infringed manifest copyrightable expression. If there is no or insufficient expression, the case closes at the summary judgment stage.
This …
Juan Estevan Pino, "Se Los Coma": New Mexico Land Speculation In The 1820s", G. Emlen Hall
Juan Estevan Pino, "Se Los Coma": New Mexico Land Speculation In The 1820s", G. Emlen Hall
Faculty Scholarship
Ever since regional historians began taking New Mexico land history seriously, they have focused on changes in Spanish and Mexican land tenure brought on by the advent of American sovereignty in 1846. The confusing land claim adjudications by the United States' Office of the Surveyor General for New Mexico and Congress, and by the subsequent Court of Private Land Claims yield interesting stories. Manipulations of those confirmed rights in the 1870s, 80s and 90s by organized private interests tell an even more spectacular tale. But the pyrotechnics of territorial land speculation mask the fact that sharp dealing in New Mexico …
Irrigation Districts In A Changing West–An Overview, John D. Leshy
Irrigation Districts In A Changing West–An Overview, John D. Leshy
Faculty Scholarship
No abstract provided.
The Competency Of Children And Adolescents To Make Informed Treatment Decisions, Lois A. Weithorn, Susan B. Campbell
The Competency Of Children And Adolescents To Make Informed Treatment Decisions, Lois A. Weithorn, Susan B. Campbell
Faculty Scholarship
No abstract provided.
Techniques For Identifying And Narrowing Issues In Antitrust Cases, William W. Schwarzer
Techniques For Identifying And Narrowing Issues In Antitrust Cases, William W. Schwarzer
Faculty Scholarship
No abstract provided.
Directly Unproductive, Profit-Seeking (Dup) Activities, Jagdish N. Bhagwati
Directly Unproductive, Profit-Seeking (Dup) Activities, Jagdish N. Bhagwati
Faculty Scholarship
This paper proposes directly unproductive, profit-seeking (DUP) activities as a general concept that embraces a wide range of recently analyzed economic activities, including the subset of rent-seeking activities considered by Krueger. It then proceeds to provide a syn-thesis and generalization of the welfare-theoretic analysis of such activities by developing a fourfold categorization of cases depending on the levels of distortions before and after the DUP activity. Thus a unification and overview of the subject are achieved.
Reflections On Contract Law And Distributive Justice: A Reply To Kronman, William K.S. Wang
Reflections On Contract Law And Distributive Justice: A Reply To Kronman, William K.S. Wang
Faculty Scholarship
No abstract provided.
Judicial Management Of The Pretrial Process In Massive Litigation: Special Masters As Case Managers, Geoffrey C. Hazard Jr., Paul R. Rice
Judicial Management Of The Pretrial Process In Massive Litigation: Special Masters As Case Managers, Geoffrey C. Hazard Jr., Paul R. Rice
Faculty Scholarship
No abstract provided.
Federal Pension Benefits: The Reach Of Preemption, Marsha N. Cohen
Federal Pension Benefits: The Reach Of Preemption, Marsha N. Cohen
Faculty Scholarship
No abstract provided.
In Memoriam: Mathew O. Tobriner, Joseph R. Grodin
In Memoriam: Mathew O. Tobriner, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
The Ohio Sunshine Act: An Appraisal, Frederic White
The Ohio Sunshine Act: An Appraisal, Frederic White
Faculty Scholarship
The Ohio open meetings or "Sunshine" law has existed in its present form since November 28, 1975 [hereinafter the "Sunshine Law" or "The Act"]. So-called open meeting legislation is neither new or unique to Ohio. Indeed, every state has enacted one or more open meetings laws. This article will examine the Sunshine Law to determine whether it has served its purpose, that is, making the processes of government more accessible to the citizens of the state of Ohio, and suggest some changes to increase the effectiveness of the legislation.
Legal Education Past And Future: A Summer Carol, A. Kenneth Pye
Legal Education Past And Future: A Summer Carol, A. Kenneth Pye
Faculty Scholarship
No abstract provided.
Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon
Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon
Faculty Scholarship
In the recent and much publicized Universal City Studios, Inc. v. Sony Corp. of America (Betamax) case, the Court of Appeals for the Ninth Circuit held that persons who make videotapes of copyrighted television programs in the privacy of their homes should be considered to be copyright infringers. Basic to the court's reasoning was a misunderstanding of the "fair use" doctrine. Called "the most troublesome [doctrine] in the whole law of copyright," "fair use" renders noninfringing certain uses of copyrighted material that might technically violate the statute, but which do not violate the statute's basic purposes.
Managing Flood Risk: Technical Uncertainty In The National Flood Insurance Program, Michael S. Baram, J. Raymond Miyares
Managing Flood Risk: Technical Uncertainty In The National Flood Insurance Program, Michael S. Baram, J. Raymond Miyares
Faculty Scholarship
Congress established the National Flood Insurance Program ("NFIP")2 to prevent flood damage and to provide relief after such damage has occurred. The NFIP is administered by the Federal Emergency Management Agency ("FEMA" or "Agency") 3 and has become a major influence on state and local land use regulation and a critical factor in private land use decisions across the nation.
This innovative program seeks to control the risk of flood damage by inducing local government to take land use control and other "police power" measures. It offers, as the inducement for such measures, the availability of federal flood insurance …
Mandatory Pku Screening: The Other Side Of The Looking Glass, George J. Annas
Mandatory Pku Screening: The Other Side Of The Looking Glass, George J. Annas
Faculty Scholarship
The challenge that PKU screening programs face is to be effective without sacrificing individual liberty. Most states have assumed that this is impossible, and have enacted mandatory PKU screening tests. It now appears that in fact voluntary screening for PKU can be effective. Accordingly, it seems appropriate to reexamine existing mandatory screening statutes to determine if we can replace government coercion with voluntary informed consent. Focus should be placed on the proper role of the government in screening, and on improving the consent process, and not on those few couples who withhold consent.
The Emerging Stowaway: Patients' Rights In The 1980s, George J. Annas
The Emerging Stowaway: Patients' Rights In The 1980s, George J. Annas
Faculty Scholarship
At one point in Edgar Allan Poe's Narrative of Arthur Gordon Pyr of Nantucket, Pym, who has stowed away in the hold of a whaling vessel, believes he has been abandoned and that the hold will be his tomb. He expressed sensations of "extreme horror and dismay," and "the most gloomy imaginings, in which the dreadful deaths of thirst, famine, suffocation, and premature interment, crowded in as the prominent disasters to be encountered."
Revenue Seeking: A Generalization Of The Theory Of Tariffs – A Correction, Jagdish N. Bhagwati, T.N. Srinivasan
Revenue Seeking: A Generalization Of The Theory Of Tariffs – A Correction, Jagdish N. Bhagwati, T.N. Srinivasan
Faculty Scholarship
In our paper on "Revenue Seeking: A Generalization of the Theory of Tariffs" (1980), we extended the theory of tariffs to include revenue seeking. We also compared tariffs with quotas, under seeking activities associated with the revenues from the former and with the rents (i.e., license premia) from the latter.
A Call For A Profession Of Truth, Paul D. Carrington
A Call For A Profession Of Truth, Paul D. Carrington
Faculty Scholarship
parody on accreditation
The Compleat Jeffersonian: Justice Rehnquist And Federalism, H. Jefferson Powell
The Compleat Jeffersonian: Justice Rehnquist And Federalism, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Should Permanent Faculty Teach First-Year Legal Writing?: A Debate, William A. Reppy Jr., Willard H. Pedrick, N. William Hines
Should Permanent Faculty Teach First-Year Legal Writing?: A Debate, William A. Reppy Jr., Willard H. Pedrick, N. William Hines
Faculty Scholarship
No abstract provided.
Whitebread, Criminal Procedure: An Analysis Of Constitutional Cases And Concepts, Sara Sun Beale
Whitebread, Criminal Procedure: An Analysis Of Constitutional Cases And Concepts, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Reflections On Unclos Iii, Kazimierz Grzybowski
Reflections On Unclos Iii, Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.
‘The State’ And Other Basic Terms In Public Law, Lawrence G. Baxter
‘The State’ And Other Basic Terms In Public Law, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Trustees Of Self-Interest?, Pnina Lahav
Trustees Of Self-Interest?, Pnina Lahav
Faculty Scholarship
Unconventional approaches to frequently addressed issues can be particularly illuminating, and John Lofton's discussion of the press and the first amendment takes a decidedly unconventional tack. Rather than focusing on the theme of governmental suppression of speech, Lofton attempts to highlight another angle: the reaction of the press to both political dissent and the official suppression of that dissent from the colonial period to the present day. His purpose, he notes, is "to examine how the American press has performed when confronted with the application of the amendment to practical events."
Parents' Rights And Juvenile Court Jurisdiction: A Review Of Before The Best Interests Of The Child, Stanley Z. Fisher
Parents' Rights And Juvenile Court Jurisdiction: A Review Of Before The Best Interests Of The Child, Stanley Z. Fisher
Faculty Scholarship
This new book1 by the authors of Beyond the Best Interests of the Child2 also makes a major contribution to the field of family law. Concentrating this time on the subject of child neglect and abuse, the authors mount a powerful attack on state intrusion into families under current child protection laws. Like Beyond the Best Interests, this book has attracted wide attention and provoked intense controversy. It should be read by all those concerned about the law's impact on children and families.
Federalism, Judicial Power And The "Arising Under" Jurisdiction Of The Federal Courts: A Hierarchical Analysis, Alan D. Hornstein
Federalism, Judicial Power And The "Arising Under" Jurisdiction Of The Federal Courts: A Hierarchical Analysis, Alan D. Hornstein
Faculty Scholarship
No abstract provided.
Need, Necessity, And Political Obligation, David B. Lyons
Need, Necessity, And Political Obligation, David B. Lyons
Faculty Scholarship
In Law and Obedience, Professor Woozley denies that there is an obligation to obey the law just because it is the law. Professor Honoré disagrees. He does so, however, not by offering small criticisms of what he calls "the skeptical philosophy," but by giving us a vigorous and original argument for the more conventional, conformist view.
Delimiting Religion And Ethics, Robert L. Schwartz
Delimiting Religion And Ethics, Robert L. Schwartz
Faculty Scholarship
The author argues that people need to make a distinction between religious belief and logical ethics.
A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen
A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen
Faculty Scholarship
No abstract provided.
Congressional Regulation Of Federal Courts' Jurisdiction And Processes: United States V. Klein Revisited, Gordon G. Young
Congressional Regulation Of Federal Courts' Jurisdiction And Processes: United States V. Klein Revisited, Gordon G. Young
Faculty Scholarship
No abstract provided.