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Articles 15031 - 15060 of 16169
Full-Text Articles in Entire DC Network
Montana's Power Trip: Electric Deregulation Consumers And The Environment, Patrick Judge
Montana's Power Trip: Electric Deregulation Consumers And The Environment, Patrick Judge
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
Before It Even Began| [Stories], Jill Rosenberg
Before It Even Began| [Stories], Jill Rosenberg
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
The Wrong Tool For The Right Job: Are Commercial Websites Places Of Public Accommodation Under The Americans With Disabilities Act Of 1990?, Patrick Maroney
The Wrong Tool For The Right Job: Are Commercial Websites Places Of Public Accommodation Under The Americans With Disabilities Act Of 1990?, Patrick Maroney
Vanderbilt Journal of Entertainment & Technology Law
The text of the ADA does not support such an extension. The interpretative canons of "noscitur a sociis" and "ejusdem generis" dictate that "places of public accommodation" refer exclusively to physical facilities. The canons also sufficiently resolve any possible statutory ambiguities, thereby foreclosing the opportunity for contrary agency interpretations. Although the intentionally broad purpose and design of the ADA make the statute an attractive avenue for advocates of online expansion, that same purpose and design limit the ADA to physical facilities. This note addresses the issues in two parts. First, it presents the arguments just listed. Second, it recognizes the …
Sender Beware: The Discoverability And Admissibility Of E-Mail, William Decoste
Sender Beware: The Discoverability And Admissibility Of E-Mail, William Decoste
Vanderbilt Journal of Entertainment & Technology Law
This Note will explore the current body of jurisprudence concerning the discoverability and admissibility of e-mail in both the civil and criminal contexts. Beginning with a brief explanation of the relevant forms of information technology and electronic communication, it will examine the common misconceptions that fuel the ongoing imprudent use of e-mail. It will then trace the development of the case law, from the foundational cases that first confronted electronic evidence to recent precedent specifically addressing the various forms of contemporary e-mail. Federal statutory law regulating the acquisition and use of electronic communications will also be discussed. This Note will …
Publication, Musical Compositions, And The Copyright Act Of 1909: Still Crazy After All These Years, Michael B. Landau
Publication, Musical Compositions, And The Copyright Act Of 1909: Still Crazy After All These Years, Michael B. Landau
Vanderbilt Journal of Entertainment & Technology Law
The copyright clause of the United States Constitution empowers Congress "to promote the Progress of Science and useful Arts, by Securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The purpose of copyright law is to strike a balance between the public's desire to have free access to information and authors' rights to protection of their private works. Common law copyright somewhat reflects this balance by providing the author with perpetual protection until first publication. Federal copyright law, however, with its more limited duration for protection, better balances these competing interests. Once …
Vehicles, William A. Gregory
Vehicles, William A. Gregory
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
A Multidimensional Tool For The Evaluation Of Mental Health Services, Andrea Christine Neal
A Multidimensional Tool For The Evaluation Of Mental Health Services, Andrea Christine Neal
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
Goldbergs, Richard Lapidus
Goldbergs, Richard Lapidus
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
The Thunderstorm: Kierkegaard's Ecclesiology, Bruce H. Kirmmse
The Thunderstorm: Kierkegaard's Ecclesiology, Bruce H. Kirmmse
Faith and Philosophy: Journal of the Society of Christian Philosophers
No abstract provided.
Why Should The Prosecutor Get The Last Word?, John B. Mitchell
Why Should The Prosecutor Get The Last Word?, John B. Mitchell
Faculty Articles
This article examines reasons the prosecutor should make the closing arguments in the United States. It also examines the importance of closing arguments; the advantages of going first and the scientific bases of primacy; and the advantages of rebuttal.
Race, Reason And Representation, Tayyab Mahmud
Race, Reason And Representation, Tayyab Mahmud
Faculty Articles
This is a review essay based on Uday Singh Mehta, Liberalism and Empire: A study in Nineteenth-Century British Liberal Thought (Chicago: The University of Chicago Press 1999). It evaluates the entanglement of liberalism with colonialism to highlight many fundamental contradictions inherent in projects of modernity and the way universal claims are often bound by particularistic imperatives. Liberalism could reconcile its agenda of liberty and representation with colonial subjugation only by positing race as the grounds for eligibility to rights. With the project of neo-liberal restructuring of the world underway, it is useful to recall the disjunction between the theory and …
Hegemony, Coercion And Teeth Gritting Harmony: A Commentary On Law, Power And Culture In Franco’S Spain, Tayyab Mahmud, Ratna Kapur
Hegemony, Coercion And Teeth Gritting Harmony: A Commentary On Law, Power And Culture In Franco’S Spain, Tayyab Mahmud, Ratna Kapur
Faculty Articles
Co-authored with Ratna Kapur, this commentary engages the interrelationship of hegemony and coercion in legal regimes of the modern state. Against the backdrop of regulation of sexuality in fascist Spain, we posit a model of modern state power that draws upon the work of Gramsci, Althusser, and Foucault. It is argued that ideology is the velvet glove that encases the iron fist of coercion, and law always combines coercion and ideology by its very structure and operation. A bridge between critical race theory and queer theory is located in the concept of racing seen as the modern technology of power …
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
Faculty Articles
Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …
Restoration Affecting Native Resources: The Place Of Native Ecological Science, Catherine O'Neill
Restoration Affecting Native Resources: The Place Of Native Ecological Science, Catherine O'Neill
Faculty Articles
This article begins by noting that non-Native society—the dominant society in the United States—has often discounted Native expertise and denied a place for Native environmental managers. Part II catalogues the various forms that denigration and denial of Native ecological science have taken. Part III marks the historical antecedents of such efforts to deny Native knowledge and to downplay the role of Native peoples as environmental managers. It then identifies particular features of the approaches favored by non-Native environmental managers that likely work to exclude, devalue, or discriminate against Native science, with the intention of encouraging further work to locate and …
Substantive Editing Versus Technical Editing: How Law Review Editors Do Their Job, Anne Enquist
Substantive Editing Versus Technical Editing: How Law Review Editors Do Their Job, Anne Enquist
Faculty Articles
Law review editors often have a hard time adjusting to their new role of evaluating and critiquing the work of professors and established legal scholars, resulting in entire editorial boards missing fundamental problems in a particular article. The author provides a solution to this problem by recommending the adoption of two separate phases of editing - a substantive editing phase, which addresses what the article actually communicates, and a technical editing phase, which addresses the form the author uses to communicate. As examples for any law review to follow, the author provides two substantive edits of two different author submissions …
Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens
Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens
Faculty Articles
This piece identifies and explores a trend in statutes and caselaw towards treating criminal behavior as a per se or presumptive bar to child custody, reading this development through the lens of the modern criminal sanctions literature.
Generating Online Sales For Small Businesses Through Search Engines, Dallas Neil
Generating Online Sales For Small Businesses Through Search Engines, Dallas Neil
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
Forces Of History: American-Iranian Diplomacy 1949-1953, James H. Hippensteel
Forces Of History: American-Iranian Diplomacy 1949-1953, James H. Hippensteel
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
Adventures In Paradox, Tana Cushman
Adventures In Paradox, Tana Cushman
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
Effects Of Workplace Social Support On The Grief Process, Lauren Christine Leger
Effects Of Workplace Social Support On The Grief Process, Lauren Christine Leger
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
Social Acceptability Of Alternatives To Clearcutting In Southeast Alaska| An Exploratory Study Of The Factors Affecting Judgement, Jeffrey Michael Miller
Social Acceptability Of Alternatives To Clearcutting In Southeast Alaska| An Exploratory Study Of The Factors Affecting Judgement, Jeffrey Michael Miller
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
Empathic Negotiation: Addressing The Need For Putting Feeling Into The Negotiation Process, Garth W. Ferro
Empathic Negotiation: Addressing The Need For Putting Feeling Into The Negotiation Process, Garth W. Ferro
Graduate Student Theses, Dissertations, & Professional Papers
No abstract provided.
Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.
Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.
Michigan Law Review
Since the Warren Court's expansive construction of the Free Speech Clause of the First Amendment, there has been no shortage of legal scholarship aimed at justifying the remarkably broad protections afforded the freedom of speech under landmark cases such as Brandenburg v. Ohio, New York Times Co. v. Sullivan, and Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. At the same time, in recent years, a growing chorus of free speech skeptics have made their voices heard.5 These legal scholars have questioned why a commitment to freedom of expression should displace other (constitutional) values such as equality, …
Building Community In The Twenty-First Century: A Post-Integrationist Vision For The American Metropolis, Sheryll D. Cashin
Building Community In The Twenty-First Century: A Post-Integrationist Vision For The American Metropolis, Sheryll D. Cashin
Michigan Law Review
[T]he problem of the Twentieth Century is the problem of the color-line. When W.E.B. DuBois wrote this prophetic statement at the dawn of the twentieth century, the American metropolis did not yet exist. Perhaps DuBois could not have predicted the sprawled, socioeconomically fragmented landscape that is so familiar to the majority of Americans who now live and work in metropolitan regions. But his prediction of a "color line" that would sear our consciousness and present the chief social struggle for the new century proved all too correct. As we contemplate the twenty-first century, Gerald Frug's book, City Making, makes clear …
The Importance Of Being Biased, Anthony M. Dillof
The Importance Of Being Biased, Anthony M. Dillof
Michigan Law Review
The war against bias crimes is far from finished. In contrast, the battle over bias-crime laws is largely over. Bias-crime laws, as commonly formulated, increase the penalties for crimes motivated by bias. The Supreme Court has held that such laws do not violate the First Amendment. Virtually every state has enacted some sort of biascrime law. Even the federal government, which may consider itself without power to enact a general bias-crime law, has made bias a sentence-aggravating factor for the range of federal criminal offenses. Bias-crime laws thus are an established feature of the legal landscape. Against this background, Frederick …
Looking At Marriage, Naomi Cahn
Looking At Marriage, Naomi Cahn
Michigan Law Review
In a recent book (not the subject of this Review), highly successful and popular authors John Gottman and Nan Silver set out their seven effective principles for making a marriage last. The final suggestion is that spouses should "create shared meaning, an inner life together that is rich with symbols and family rituals and that honors the hopes of both partners." In a happy marriage, the couples not only provide support for each other, but also "build a sense of purpose into their lives together." Professor Gottman has developed these principles as a result of twenty years of research and …
Rethinking Relationship-Specific Investments: Subcontracting In The Japanese Automobile Industry, Yoshiro Miwa, J. Mark Ramseyer
Rethinking Relationship-Specific Investments: Subcontracting In The Japanese Automobile Industry, Yoshiro Miwa, J. Mark Ramseyer
Michigan Law Review
Longer ago than either of us cares to remember, one of us attended junior high in Tokyo. On Saturdays, he worked at a printed circuit factory. Or maybe "factory" makes it all sound too grand. A small building in back of a gas station, it had three or four punch presses. The "president" supervised matters (though he actually spent more time hanging out at the gas station), together with a sidekick who did assorted odd jobs besides. Several middle-aged women with no apparent technical education or skill ran the presses. The junior high kid spent his time trimming the sheets …
History Unbecoming, Becoming History, Toni M. Massaro
History Unbecoming, Becoming History, Toni M. Massaro
Michigan Law Review
The last few decades have seen a torrent of legal commentary supporting gay equality and attacking the punishment, failure to protect, and refusal to affirm gay conduct and identity. William Eskridge, a prominent voice in this fin-de-siecle literature, now draws together and expands on his previous work in Gaylaw: Challenging the Apartheid of the Closet. Though far more successful in shaping the uses of the past than in showing the way to the future, the book instructs even where it fails. It augurs a century that could well witness the end of official discrimination against gay individuals, and the relegation …
The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez
The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez
LLM Theses and Essays
When the presidential candidate Clinton announced that he would not support NAFTA without environmental and labor side agreements, and during the period before NAFTA's ratification by the American Congress, Mexicans lived in most tense suspense. Even though, the idea of an environmental side agreement seemed to please most environmentalists in Mexico who hoped that this would lead to creating a major environmental conscience in the Mexican government. The purpose of this thesis is to elaborate a critical analysis of the North American Free Trade Agreement, its related documents and their effects concerning the environment, specifically its legal protection. We will …
Securities Disclosure Regime - Challenges Posed By The Internet And Technology, Thomas Thomas Thoppil
Securities Disclosure Regime - Challenges Posed By The Internet And Technology, Thomas Thomas Thoppil
LLM Theses and Essays
This thesis is an effort to evaluate the structural changes that have taken place in the securities market of the United States and its impact on securities disclosure regime mandated by the Federal Securities Act. Part 2 of the thesis discusses the securities disclosure regime and its underlying economic theories. This part also traces the challenges posed by technology and takes a quick look at the argument that the traditional norms are incompatible in dealing with those challenges. Part 3 deals primarily with structural developments in the securities market over the past five years by examining some of the innovative …