Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (362281)
- Social and Behavioral Sciences (129585)
- Arts and Humanities (102127)
- Education (62349)
- Medicine and Health Sciences (39997)
-
- History (35349)
- Life Sciences (35232)
- Constitutional Law (35098)
- Physical Sciences and Mathematics (32534)
- Business (29894)
- Engineering (26622)
- Sociology (24340)
- Communication (23005)
- International Law (22854)
- Religion (21831)
- Criminal Law (20657)
- Higher Education (20124)
- Public Affairs, Public Policy and Public Administration (17593)
- Political Science (17372)
- United States History (15477)
- Psychology (14039)
- Courts (12608)
- Intellectual Property Law (12273)
- Civil Rights and Discrimination (12001)
- Library and Information Science (11554)
- State and Local Government Law (11282)
- Accounting (11257)
- Journalism Studies (11102)
- Environmental Law (10871)
- Comparative and Foreign Law (10810)
- Institution
-
- University of New Mexico (37084)
- Brigham Young University Law School (30178)
- Villanova University Charles Widger School of Law (28437)
- University of Mississippi (21459)
- University of South Florida (19011)
-
- University of Nebraska - Lincoln (18997)
- University of Colorado Law School (16871)
- University of Michigan Law School (16370)
- University of Montana (16150)
- Fordham Law School (13109)
- UC Law SF (12012)
- University of New Hampshire (11547)
- University of Kentucky (11455)
- University of Chicago Law School (10186)
- Southern Methodist University (10150)
- Brigham Young University (9890)
- San Jose State University (9636)
- Louisiana State University (9553)
- Duke Law (9478)
- University of Central Florida (9394)
- UIdaho Law (9228)
- University of Denver (9122)
- William & Mary Law School (9048)
- University of South Carolina (9044)
- Eastern Illinois University (9035)
- University of North Dakota (8918)
- City University of New York (CUNY) (8657)
- Murray State University (8351)
- Maurer School of Law: Indiana University (8092)
- Yeshiva University, Cardozo School of Law (7839)
- Keyword
-
- Newspaper (16162)
- Student newspaper (7457)
- Education (7069)
- History (6825)
- Newspapers (6049)
-
- EIU (5441)
- United States (5398)
- Law (5293)
- Spartan Daily (4490)
- Latin America (4437)
- Humans (4180)
- Bowling Green State University (4046)
- Spanish (4021)
- Constitutional law (3891)
- Pennsylvania (3891)
- University of New Mexico (3841)
- Eastern Illinois University (3831)
- Higher education (3818)
- UNM (3794)
- LADB (3792)
- LAII (3792)
- Latin American and Iberian Institute (3792)
- Daily Eastern News (3758)
- BG News (3691)
- Collegeville (3643)
- Politics (3324)
- Supreme Court (3269)
- N.M. (3259)
- Student newspapers (3190)
- Periodicals (3185)
- Publication Year
-
- 2026 (22767)
- 2025 (30310)
- 2024 (32702)
- 2023 (29225)
- 2022 (32377)
-
- 2021 (32077)
- 2020 (31251)
- 2019 (30716)
- 2018 (31174)
- 2017 (32222)
- 2016 (32925)
- 2015 (32859)
- 2014 (31674)
- 2013 (31605)
- 2012 (33111)
- 2011 (27174)
- 2010 (25838)
- 2009 (24430)
- 2008 (22488)
- 2007 (20265)
- 2006 (20515)
- 2005 (18683)
- 2004 (17692)
- 2003 (15810)
- 2002 (14552)
- 2001 (14540)
- 2000 (13874)
- 1999 (12641)
- 1998 (12791)
- 1992 (12435)
- Publication
-
- Theses and Dissertations (18296)
- Faculty Scholarship (15952)
- Faculty Publications (12453)
- Electronic Theses and Dissertations (10297)
- Articles (10018)
-
- Michigan Law Review (8430)
- Dissertations (7322)
- Idaho Supreme Court Records & Briefs, All (5567)
- Utah Court of Appeals Briefs (1996–2006) (5390)
- Utah Court of Appeals Briefs (through 1995) (5275)
- Walden Dissertations and Doctoral Studies (5177)
- Santa Fe New Mexican, 1883-1913 (5005)
- Utah Supreme Court Briefs (1965 –) (4915)
- Daily Mississippian (all digitized issues) (4788)
- North Carolina Law Review (4554)
- Spartan Daily (School of Journalism and Mass Communications) (4297)
- Fordham Law Review (4293)
- Theses (4252)
- Louisiana Law Review (4178)
- Journal of Criminal Law and Criminology (4145)
- Masters Theses (4116)
- St. John's Law Review (4050)
- Session Laws 2001-Present (4038)
- Montana Kaimin, 1898-present (4027)
- Master's Theses (3979)
- University of Chicago Law Review (3957)
- Denver Law Review (3842)
- BG News (Student Newspaper) (3708)
- Indiana Law Journal (3615)
- Faculty Articles (3484)
- Publication Type
Articles 28021 - 28050 of 1194707
Full-Text Articles in Entire DC Network
Regulating Cryptocurrency Airdrops, Peter Sie
Regulating Cryptocurrency Airdrops, Peter Sie
Northwestern Journal of Technology and Intellectual Property
A significant number of blockchain users is U.S.-based. However, regulatory ambiguity imposes barriers for U.S. users to fully and legally embrace blockchain technology, especially when it comes to cryptocurrencies. The industry remains rife with bad actors and inadequate regulation that consequently harm investors. Recently, a phenomenon known as cryptocurrency airdrops—widely viewed as “free” token distributions to incentivize blockchain adoption and promote decentralization—has drawn significant attention. But is this just another sham under the guise of the commonly touted “decentralization” ethos of blockchain technology?
The Securities and Exchange Commission (SEC) has maintained that most cryptocurrencies are securities subject to regulation. However, …
Ten Tips For Legal Empiricists, Jordana R. Goodman, Christa J. Laser
Ten Tips For Legal Empiricists, Jordana R. Goodman, Christa J. Laser
Northwestern Journal of Technology and Intellectual Property
This essay offers practical tips from leading legal empirical researchers to assist new scholars who are entering the field. Topics include developing meaningful research questions, designing robust survey methodologies, balancing qualitative and quantitative approaches, ensuring data transparency, fostering interdisciplinary collaboration, and navigating ethical considerations in empirical work. Drawing from their own unique challenges and successes, these scholars illuminate what they wished they would have known going into empirical research and the pitfalls to avoid.
Although many examples focus on intellectual property law, the principles outlined here are broadly applicable to all legal empirical scholarship. This essay aims to serve as …
Unregulated And Unacceptable: Facial Recognition Technology's History, Privacy Concerns, And Impact On Society, Alyssa Pequignot
Unregulated And Unacceptable: Facial Recognition Technology's History, Privacy Concerns, And Impact On Society, Alyssa Pequignot
Northwestern Journal of Technology and Intellectual Property
This Note provides a general review of the current state of Facial Recognition Technology (FRT), including Illinois state regulation and past federal regulation attempts. This Note asserts that even as datasets become more diverse and “fairer,” FRT may still have discriminatory impacts on minority populations, as evidenced by a few highlighted examples that focus on race and gender. This Note suggests that one option to mitigate these dangers is to implement national regulations for its use. Ultimately, this Note suggests what a federal regulation might look like, informed by the societal impacts discussion.
After an introduction in Section I, Section …
Alicia Alonso’S Giselle: A Cuban Dancer’S Journey Into Romantic Ballet And Modern Dramaturgy | La Giselle Di Alicia Alonso: Il Viaggio Di Una Ballerina Cubana Nel Balletto Romantico E Nella Drammaturgia Moderna, Lester Tomé
Dance: Faculty Books
This article examines the trajectory of Cuban ballerina Alicia Alonso as both performer and restager of Giselle. After offering a historical overview of Romantic ballet in nineteenth-century Cuba, the study traces Alonso’s transformation into one of the most acclaimed figures in the performance history of Giselle. The text considers her interpretation of the eponymous role in the United States, Cuba and beyond, beginning with her 1943 debut as Giselle with Ballet Theatre in New York, and highlights the interplay between her performances and stagings of the piece. It charts the evolution of Alonso’s productions of Giselle from the first time …
Message In A Bottleneck: Supply Chain Disruptions And Manufacturing Output In The United States, Raja N. Kali, Gu K. Jingping, Erica J. Neuyou
Message In A Bottleneck: Supply Chain Disruptions And Manufacturing Output In The United States, Raja N. Kali, Gu K. Jingping, Erica J. Neuyou
Economics Faculty Publications and Presentations
We examine the effect of container shipping disruptions on US manufacturing output before and during the Covid-19 pandemic. We augment maritime trade with a global production network model, where the reliability of container logistics is critical for the on-time and full availability of inputs and the delivery of output to foreign markets. We combine a US container shipping reliability dataset with input-output and trade data to construct a novel supply chain disruption index that captures the integration of upstream and downstream linkages of the US manufacturing sector into the global supply chain. Our findings suggest that a one-unit shock leads …
“That’S Not My Name”: The Linguistic Violence Of Misnaming Parties In Court Proceedings, Robert S. Chang, Cecily C. Hazelrigg, Linda Cj Lee
“That’S Not My Name”: The Linguistic Violence Of Misnaming Parties In Court Proceedings, Robert S. Chang, Cecily C. Hazelrigg, Linda Cj Lee
Washington Law Review
This Article calls attention to the harms done when parties are misnamed in legal proceedings. Misnaming, which many might initially consider trivial, is properly understood as a form of linguistic violence that can inflict dignitary harms as well as have material consequences. Misnaming takes on a different valence when it is done by the state. This Article focuses on the misnaming of Indigenous, Asian, and Latine people, beginning first with the way misnaming is done by the administrative state. The authors then discuss misnaming as it has operated in legal proceedings, providing both historical and contemporary examples from federal and …
A State Constitutional Challenge To Washington’S Denial Of Minimum Wage To Incarcerated Workers, Cailin Dahlin
A State Constitutional Challenge To Washington’S Denial Of Minimum Wage To Incarcerated Workers, Cailin Dahlin
Washington Law Review
This Comment challenges as unconstitutional Washington’s exemption of incarcerated individuals from the state Minimum Wage Act. Incarcerated people in Washington, unprotected by minimum wage guarantees, earn low wages in state-run inmate work programs. This statutory carveout is contrary to the rehabilitative purpose of Washington’s prisons because it impedes incarcerated people’s ability to afford necessities, participate in rehabilitative programs, and reintegrate into society. This exemption is unconstitutional under the state’s cruel punishment clause, because it is disproportionately cruel punishment and an excessive fine that incarcerated workers cannot afford. The exemption is also unconstitutional under the state’s privileges and immunities clause, because …
Conditioning Elections: The Instability With Dynamic Voters, Lorenzo Collier
Conditioning Elections: The Instability With Dynamic Voters, Lorenzo Collier
Political Science Student Papers and Posters
The stability of electoral outcomes is a cornerstone of democratic legitimacy, yet real-world elections increasingly exhibit volatility driven by dynamic voter populations and shifting preferences. By treating elections as a function f(x) where x represents voter choice, we can study the conditioning of election outcome functions under perturbations, analogous to sensitivity analysis of numerical solvers. This paper investigates the mechanisms underlying instability in elections when voters and their beliefs evolve over time, focusing on the effects of conditioning decisions on anticipated future changes. By surveying classical and contemporary models of voting rules under dynamic settings, this paper demonstrates how seemingly …
Res Gestate 2025 Fall Issue, Lindsay Wilcox, Angela Turnbow, Austen Diamond, Lexie Kite, Violet Maw, Henry Randolph, Robert Rice, Dave Titensor, Elizabeth Kronk Warner
Res Gestate 2025 Fall Issue, Lindsay Wilcox, Angela Turnbow, Austen Diamond, Lexie Kite, Violet Maw, Henry Randolph, Robert Rice, Dave Titensor, Elizabeth Kronk Warner
Law School Historical Documents
The Alumni Magazine for the S.J. Quinney College of Law, University of Utah
Instilling Primary-Source Research Confidence In Undergraduate History Majors: Insight Into Instructional Impact And Student Preferences, Matthew J. Gorzalski
Instilling Primary-Source Research Confidence In Undergraduate History Majors: Insight Into Instructional Impact And Student Preferences, Matthew J. Gorzalski
Articles
Information literacy and critical thinking are arguably the most important and transferable skills undergraduate history majors develop in the course of their studies. A primary-source-based research paper is often an undergraduate history major’s capstone assignment toward graduation. Yet they often face these assignments having little or no prior experience with archival research and lack confidence in finding and using primary sources. This article reports on a study conducted during the 2022 and 2023 spring semesters at Southern Illinois University Carbondale (SIUC) involving archival literacy instruction for undergraduate history majors enrolled in HIST 392 Historical Research and Writing. It examined the …
Out From The Shadows: Party Documents In Chinese Courts, Benjamin L. Liebman, Eva Gao, Xiaohan Wu, Rachel E. Stern, Margaret Roberts
Out From The Shadows: Party Documents In Chinese Courts, Benjamin L. Liebman, Eva Gao, Xiaohan Wu, Rachel E. Stern, Margaret Roberts
Faculty Scholarship
The Communist Party’s influence over the Chinese legal system is generally assumed to be behind the scenes, largely invisible to outside observers. Since General Secretary Xi Jinping came to power in 2012, there has been renewed attention within and outside of China to the relationship between the Communist Party and the legal system. Much of this recent writing has emphasized the degree to which Xi’s efforts to affirm Party superiority and break down barriers between the Party and the State reflects a profound shift in governance and a reversal of a decades-long effort to distinguish between Party roles and those …
The Trump Administration Reverses U.S. Position On Unrwa Immunities, Lori Fisler Damrosch
The Trump Administration Reverses U.S. Position On Unrwa Immunities, Lori Fisler Damrosch
Faculty Scholarship
On April 24, 2025, the U.S. Department of Justice submitted a letter in a civil lawsuit that maintains for the first time that the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is not immune from U.S. civil litigation. The letter reverses the position taken by the previous administration in the same lawsuitFootnote 2 and alters nearly eight decades of U.S. practice concerning the immunities of UN entities that are considered subsidiary organs of UN principal organs and thus part of the United Nations itself. Heretofore, the government stated that such organs are entitled …
(Si15-121) Analyzing Seitr Tuberculosis Transmission Model Using Caputo–Fabrizio Fractional Derivative With Diverse Contact Rates, S. S. Sumaiya Banu, T. Gunasekar, S. Manikandan, Kamalendra Kumar, M. Suba
(Si15-121) Analyzing Seitr Tuberculosis Transmission Model Using Caputo–Fabrizio Fractional Derivative With Diverse Contact Rates, S. S. Sumaiya Banu, T. Gunasekar, S. Manikandan, Kamalendra Kumar, M. Suba
Applications and Applied Mathematics: An International Journal (AAM)
In the modern age, tuberculosis remains a pressing global health concern. Our study introduces and evaluates the SEITR pandemic TB transmission model, dividing the population into five compartments to explore distinct characteristics relevant to our investigation. Additionally, we delve into the application of fractional calculus. Through the Laplace transform method, we derive series solutions for all compartments, ensuring their existence and uniqueness. We also investigate the reproduction number of the tuberculosis epidemic model, examining how varying contact rates impact disease spread. We apply the predictor-corrector method for the Caputo-Fabrizio fractional derivative to verify the accuracy of our approach. This accurately …
(Si15-064) Permutation Pentanomials Over Finite Fields With Even Characteristic, Shalini Gupta, Sushil Kumar, Ashima .
(Si15-064) Permutation Pentanomials Over Finite Fields With Even Characteristic, Shalini Gupta, Sushil Kumar, Ashima .
Applications and Applied Mathematics: An International Journal (AAM)
Permutation polynomials over finite fields constitute an active area of research and play an important role in diverse domains, including finite geometry, combinatorial design, coding theory, and cryptography. The study of these polynomials has a long history, and many results have been obtained in recent years. This paper presents new classes of permutation pentanomials based on permutation over the unit circle of finite fields with even characteristic that contribute to the theoretical development of permutation polynomials.
Characterization Of The Fatigue Threshold Behavior Of Uhmwpe, Bethany B. Smith, Anurag Roy, Robert O. Ritchie, Lisa A. Pruitt
Characterization Of The Fatigue Threshold Behavior Of Uhmwpe, Bethany B. Smith, Anurag Roy, Robert O. Ritchie, Lisa A. Pruitt
Faculty Journal Articles
Ultra-high-molecular-weight-polyethylene (UHMWPE) has been the material of choice for bearings in total joint replacements (TJRs) for decades as a result of its excellent wear resistance, chemical inertness, energetic toughness, low friction, and biocompatibility. Utilization of this polymer in orthopedic devices requires oxidation, wear, and fatigue resistance. Balancing these important properties by tailoring processing techniques and modulating microstructural features has been an ongoing endeavor in the field. Research into the clinical applications of UHMWPE has primarily focused on the challenges of wear and oxidation while studies into the realm of fatigue have been more limited. Literature gaps exist in fully understanding …
Gender And Party Polarization In The Us Congress: Hypervisibility And Invisibility, Rosalyn Cooperman
Gender And Party Polarization In The Us Congress: Hypervisibility And Invisibility, Rosalyn Cooperman
Political Science & International Affairs Articles
The history and practice of party polarization in Congress is a gendered concept. Men have comprised the overwhelming majority of legislators from both parties, served as their party’s leaders, and dominated the party caucuses. As women and women of color have increased their presence in the institution, particularly among Democrats, gender and race have emerged as important themes in understanding party polarization in contemporary congresses. In an analysis of legislative activity of members in the 104th to the 117th Congresses, I find the two most distinct groups of partisans, Democratic women and Republican men, are prominently featured in the opposing …
Religious Conflicts In Disguise: The Limits Of The Law In Tackling Conflicts With Religious Dimensions, Yael Efron
Religious Conflicts In Disguise: The Limits Of The Law In Tackling Conflicts With Religious Dimensions, Yael Efron
Cardozo Journal of Conflict Resolution
In previous publications, we have established the crucial differences between conflicts with religious dimensions (CRDs) and other types of conflicts. We claim that a legal solution to CRDs is rarely sufficient to terminate the conflict and often might lead to further damage to communities and persons, sometimes even harsher than the original dispute. Since not all CRDs are similar, a theorized model of their distinguishing elements—time, intensity, and proximity to core values—assists us in differentiating them. By analyzing the elements of CRDs in accordance with the TIV model, we can more easily determine which conflicts are suitable for legal process …
Full Issue, Volume 6, Issue 2
The Efficacy Of Emdr Therapy Compared To Tf-Cbt In Adopted Children To Manage Post-Traumatic Stress: An Integrative Review, Grace Ann Steiner
The Efficacy Of Emdr Therapy Compared To Tf-Cbt In Adopted Children To Manage Post-Traumatic Stress: An Integrative Review, Grace Ann Steiner
Senior Honors Theses
This integrative review examines the efficacy of eye movement desensitization and reprocessing (EMDR) therapy compared to trauma-focused cognitive behavioral therapy (TF-CBT) in managing post-traumatic stress disorder (PTSD) in adopted children. Children adopted from foster care tend to experience more adverse childhood experiences (ACEs) and maladjustment issues when compared to the general population, which necessitates effective therapeutic interventions to reduce PTSD symptoms and emotional dysregulation. Through analysis and comparison of the data, it was determined that both EMDR and TF-CBT effectively alleviated trauma-related symptoms, although one technique is not necessarily always more effective or efficient than the other. Along with reviewing …
In Support Of Free Speech On Food Production, Nicole Ligon
In Support Of Free Speech On Food Production, Nicole Ligon
Penn State Law Review (2003 - Present)
No abstract provided.
Decolonizing Community Re-Entry: Effective Case Studies Of Community-Led Programs And Services To Support Formerly Incarcerated Individuals In Canada, Ardavan Eizadirad, Rai Reece
Decolonizing Community Re-Entry: Effective Case Studies Of Community-Led Programs And Services To Support Formerly Incarcerated Individuals In Canada, Ardavan Eizadirad, Rai Reece
Education Faculty Publications
Decolonizing re-entry programs require rethinking traditional approaches in supporting formerly incarcerated individuals and challenging colonial and deficit frameworks embedded in the criminal legal system, which often has an exclusive focus on punishment. This article names the risk factors and systemic barriers faced by equity-denied individuals during reintegration with a focus on the Canadian context. Two community-led programs in Ontario are highlighted as innovative case studies for effectively supporting reintegration of individuals exiting carceral institutions. Key characteristics of these programs which are offered by the Youth Association for Academics, Athletics, and Character Education (YAAACE) and Walls to Bridges (W2B) are outlined. …
Remorse For Discrimination: The Role Of Group Dominance In Judging Hate Crimes Against Subordinate Group Members, Andrés Gvirtz, Patrick F. Kotzur, Andrew Stewart, Felicia Pratto
Remorse For Discrimination: The Role Of Group Dominance In Judging Hate Crimes Against Subordinate Group Members, Andrés Gvirtz, Patrick F. Kotzur, Andrew Stewart, Felicia Pratto
Psychology
Power, especially in the court system, is a potent determinant of intergroup relationships. Blind justice being only an ideal, public opinion can influence whether harm to low power groups is considered criminal and should be prosecuted. Our experiments investigated the impact of social dominance orientation (SDO) on the perceived appropriateness of punishment for harm to subordinate group members by dominant group members. Further, we examined the moderating role of a remorseful apology. We argue that perpetrators who do not show remorse towards their less powerful victim might be judged less harshly by those scoring high in SDO. Apologizing for the …
Citizen Led Initiatives - Constitutional Amendments & Statutes, Priya Baskaran
Citizen Led Initiatives - Constitutional Amendments & Statutes, Priya Baskaran
Research Reports & White Papers
50-state survey of provisions for amending state constitutions.
2025-10-01 Caudill Connection, Morehead State University. Caudill College Of Arts, Humanities And Social Sciences.
2025-10-01 Caudill Connection, Morehead State University. Caudill College Of Arts, Humanities And Social Sciences.
Caudill Connection
Caudill Connection newsletter for October of 2025.
Full Issue, Volume 13, Number 2, James S. Bates, Donna J. Peterson Dr., Scott Cummings, Erin L. Martinez
Full Issue, Volume 13, Number 2, James S. Bates, Donna J. Peterson Dr., Scott Cummings, Erin L. Martinez
Journal of Human Sciences and Extension
No abstract provided.
The Future Of Virtual Proceedings In The Federal Courts, Jeremy Fogel, Mary S. Hoopes
The Future Of Virtual Proceedings In The Federal Courts, Jeremy Fogel, Mary S. Hoopes
Indiana Law Journal
The federal courts are notoriously hesitant to modify their procedures and policies. Much of this “small c” conservatism is driven by a concern that their rules be “trans-substantive” and suited to a wide range of circumstances. For years, they stubbornly resisted allowing remote proceedings and similar uses of technology in the courtroom because of concerns that permitting them could affect the quality of lawyering and decision-making, compromise the safety of jurors and witnesses, and diminish the public’s perception of the courts. The COVID-19 pandemic abruptly changed this, forcing judges to alter radically the way they conducted proceedings.
Nearly five years …
The Siren Song Of Territoriality, Robin J. Effron, Alan M. Trammell
The Siren Song Of Territoriality, Robin J. Effron, Alan M. Trammell
Indiana Law Journal
Territoriality—the theory that a state’s physical borders determine its power and sovereignty—boasts a long, venerable history. For centuries, it served as the dominant political theory for myriad ideas. It defined a wide range of doctrines, including personal jurisdiction, choice of law, and prescriptive jurisdiction. By the middle of the twentieth century, though, this rigid territoriality no longer described or responded to the challenges of a society that had grown increasingly mobile and interconnected. Courts replaced inflexible territorial theories with more functional theories rooted in fairness and state regulatory interests.
In recent years, territoriality has seen a curious resurgence. The Supreme …
A Municipal Finance Theory Of Local Government, Michael A. Francus
A Municipal Finance Theory Of Local Government, Michael A. Francus
Indiana Law Journal
The United States is awash in local governments. Not only does every state create local governments, but every state relies on those local governments to carry out the day-to-day functions of government. These local governments, though, are not the state. They are distinct legal entities vested with their own legal personhood. That is, they sue and are sued, they own property, and they enter into contracts—all in their own names.
Many rich accounts detail the historical reasons why local governments arose. But a different, theoretical question remains: What can a state achieve with local governments that it cannot achieve without …
The Role Of "Light Plagiarism" In Legal Writing , From A Recent Practitioner's Perspective, Donna L. Eng
The Role Of "Light Plagiarism" In Legal Writing , From A Recent Practitioner's Perspective, Donna L. Eng
UF Law Faculty Publications
Because practitioners are pressured to complete their tasks as quickly and efficiently as possible, lawyers regularly use documents previously drafted by other lawyers as a starting point for their drafting. Law students may be surprised to learn that in the modern practice of law, plagiarism is so widely accepted and encouraged. This article proposes several reasons why Legal Writing Professors should consider addressing that fact by discussing the process by which many lawyers draft documents in the real-world practice of law today.
First, the rules against plagiarism do not relate to the real-world practice of law. Unlike law students, who …
A Theory Of Calibrated Fiduciary Duties In Firms, Robert J. Rhee
A Theory Of Calibrated Fiduciary Duties In Firms, Robert J. Rhee
UF Law Faculty Publications
Although the laws of firms state the same traditional duty of loyalty, they diverge in expressing the duty of care and the concept of good faith. The differences are not subtle shades of refinement, but quantum contrasts of discrete legal states. The law shuffles, reclassifies, and relocates core elements of the duty of care and the concept of good faith uniquely in each form of firm. Why? Despite apparent legal divergence, a single fiduciary rule governs all forms of firms. This Article presents a theory of calibrated fiduciary duties that explains important variations in the formulation of fiduciary duty and …