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Articles 1 - 14 of 14
Full-Text Articles in Law
Winners And Losers In The Globalization Of Legal Services: Situating The Market For Foreign Lawyers, Carole Silver
Winners And Losers In The Globalization Of Legal Services: Situating The Market For Foreign Lawyers, Carole Silver
Carole Silver
No abstract provided.
Sony, Tort Doctrines, And The Puzzle Of Peer-To-Peer, Alfred C. Yen
Sony, Tort Doctrines, And The Puzzle Of Peer-To-Peer, Alfred C. Yen
Alfred C. Yen
This Article analyzes and reconstructs the law of third party copyright liability as it applies to providers of peer-to-peer technology. By doing so, the Article accomplishes three things. First, it identifies doctrinal tension between broad third party copyright liability endorsed by lower courts and the Supreme Court's skepticism of such liability as expressed in Sony Corporation of America v. Universal City Studios. Second, it describes how existing interpretations of the law fail to direct judicial attention to important considerations that ought to influence the third party copyright liability of peer-to-peer providers. Third, it uses concepts borrowed from common law torts …
Reflections On Diversity, William M. Tabb
Dissecting Problems Areas With Answering Multiple-Choice Questions, Suzanne Darrow Kleinhaus
Dissecting Problems Areas With Answering Multiple-Choice Questions, Suzanne Darrow Kleinhaus
Suzanne Darrow Kleinhaus
No abstract provided.
How I Compete With “The Donald” And Teach Them To Write: The Forensic Irac, Suzanne Darrow Kleinhaus
How I Compete With “The Donald” And Teach Them To Write: The Forensic Irac, Suzanne Darrow Kleinhaus
Suzanne Darrow Kleinhaus
No abstract provided.
Criterion Rubric For Class Participation, Alex Steel
Criterion Rubric For Class Participation, Alex Steel
Alex Steel
A criterion based rubric for assessing class participation in law.
The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan
The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan
Erin Ryan
All lawyers negotiate, and all negotiators deliberate. This article addresses the pervasive but unrefined use of emotional insight by deliberating and negotiating lawyers, and suggests that legal education could improve lawyering by adopting a fuller model of legal thinking that takes account of this “epistemological emotionality.” In forming the beliefs that underlie choices made during deliberation and negotiation, people rely on insights informed by past and present emotional experience. Such epistemological emotional input fuels a pre-linguistic, quasi-inductive reasoning process that enables us to draw on stored information about emotional phenomena to hypothesize about motives, behavior, and potential consequences. As deliberation …
Recognizing That They Watch, Mary Kate Kearney
Recognizing That They Watch, Mary Kate Kearney
Mary Kate Kearney
No abstract provided.
The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein
The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein
Adam Epstein
The article explores and the litigation history involving former Ohio State University running back Maurice Clarett and his challenge the the NFL draft-eligibility rule. Though Clarett was successful at the U.S. District Court level, the Second Circuit Court of Appeals ruled differently, thereby preventing Clarett from being eligible for the 2004 NFL draft. Though he was drafted the next year (2005), an exploration of the differences between the trial court (Hon. Schendlin) and the appellate court (J. Sotomayor) opinions is quite interesting and relevant in the context of both antitrust and labor law, particularly the mandatory subjects of a collective …
Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha
Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents …
Book Review: Sports Law And Regulation: Cases, Materials, And Problems, Adam Epstein
Book Review: Sports Law And Regulation: Cases, Materials, And Problems, Adam Epstein
Adam Epstein
Review of the 2005 textbook authored by Matthew J. Mitten, Timothy Davis, Rodney K. Smith & Robert C. Berry. The four authors of this text all have credible status in the field of sports law as professors at the law school level, and the reader is reminded of their expertise throughout the book in numerous footnotes, notes and in other references. They present 12 chapters of a sport law smorgasbord in an interesting arrangement. The authors note that the book should be given multidisciplinary consideration among law students and upper-division undergraduate and graduate students. However, the authors provide that the …
Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein
Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein
Adam Epstein
A study of the history and importance of the 2005 Supreme Court decision that expanded Title IX to include a private right of action for individuals who reveal Title IX violations even though they themselves were not subject to sex discrimination. The case involved Roderick Jackson a high school coach from the Birmingham, Alabama area.
California Amusement Rides And Liability, Adam Epstein
California Amusement Rides And Liability, Adam Epstein
Adam Epstein
Discussion of the majority and minority California Supreme Court decision involving the unfortunate 2000 incident at Disneyland which resulted in the death of a woman on her honeymoon.
Title Ix Whistle-Blowing Is Protected, Adam Epstein
Title Ix Whistle-Blowing Is Protected, Adam Epstein
Adam Epstein
Discussion of the valiant efforts of high school basketball coach Roderick Jackson (Birmingham, Alabama) and his complaint over inferior facilities for his girls basketball team. His claim went all the way to the United States Supreme Court.