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Articles 1 - 23 of 23
Full-Text Articles in Law
The Right Of Publicity: Commercial Exploitation Of The Associative Value Of Personality, Sheldon W. Halpern
The Right Of Publicity: Commercial Exploitation Of The Associative Value Of Personality, Sheldon W. Halpern
Vanderbilt Law Review
For more than thirty years, dispute and confusion have marked the emergence and development of the so-called "right of publicity,"' a right that is concerned with the use of attributes of a generally identifiable person to enhance the commercial value of an enterprise. A dense, complex array of cases, accompanied by and analyzed in an even denser array of commentary, has been the vehicle for adumbrating the emergent right. Battle lines are drawn over whether the creature emerging from the fermenting ooze of modern mass communications is a species of "property" or a purely personal "privacy" interest."Everywhere one finds the …
Ombudsmen For American Government? Edited By Stanley V. Anderson, Robert H. Haggerty
Ombudsmen For American Government? Edited By Stanley V. Anderson, Robert H. Haggerty
Washington and Lee Law Review
No abstract provided.
The American Commonwealth. By Louis Heren, Donald M. Borrock
The American Commonwealth. By Louis Heren, Donald M. Borrock
Washington and Lee Law Review
No abstract provided.
Egoism, Altruism, And Market Illusions: The Limits Of Law And Economics, Jeffrey L. Harrison
Egoism, Altruism, And Market Illusions: The Limits Of Law And Economics, Jeffrey L. Harrison
UF Law Faculty Publications
The primary objective of this Article is to question assumptions in order to show that the conventional economic approach to law and public policy has limited value. The arguments are founded on empirical evidence drawn from many fields of study. An underlying theme is that the current application of economic analysis to law should be regarded as an interim step toward the integration of law with the behavioral, natural, and social sciences.
Part I describes the two forms of the self-interest assumption more completely. This examination reveals that economics and the separate study of law and economics are caught in …
The Moral Dilemma Of Positivism, Anthony D'Amato
The Moral Dilemma Of Positivism, Anthony D'Amato
Faculty Working Papers
I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective fact about legal systems). But the justification that is required cannot consist in labelling "sovereignty of conscience" as a moral principle, nor in compounding the confusion by claiming that positivism minimally and hence necessarily promotes sovereignty of conscience. We need, from the positivists, a more logical and coherent argument than that. Until one comes along, I continue to believe that positivists inherently have …
Persons Without History: Liberal Theory And Human Experience, Thomas Morawetz
Persons Without History: Liberal Theory And Human Experience, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Virginia Should Open Its Courthouse Doors To Review Administrative Decisions Involving Public Assistance, Christopher Allen Stump, Jill A. Hanken
Virginia Should Open Its Courthouse Doors To Review Administrative Decisions Involving Public Assistance, Christopher Allen Stump, Jill A. Hanken
University of Richmond Law Review
Virginia's courts interpret the Virginia Administrative Process Act (VAPA) to prohibit judicial review of administrative decisions that grant or deny public assistance funds. Virginia is therefore one of only three states which fail to provide judicial review of such decisions. This article advocates judicial review of public assistance hearing decisions on the basis of principles of statutory construction and constitutional law. The article concludes that Virginia's minority status indicates a failure to meet traditional notions of fairness.
Substantive Policies And Choice Of Law, Willis L. M. Reese
Substantive Policies And Choice Of Law, Willis L. M. Reese
Touro Law Review
No abstract provided.
Pigeonholes In The Public Forum, Gary C. Leedes
Pigeonholes In The Public Forum, Gary C. Leedes
University of Richmond Law Review
Streets, parks, and similar places traditionally used for purposes of discussion and assembly are public forums where people have liberty to communicate their thoughts. Persons lacking the status, money or charisma necessary to command coverage by the mass media often desperately seek access to the public forum. Once access is obtained, ideas can be communicated in a cost-effective manner. However, like other first amendment cases, public forum cases are not fungible. The varying weights of competing interests and the instability of ad hoc balancing tests have created a need for doctrinal structure. The Supreme Court's evolving public forum doctrine is …
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
UIC Law Review
No abstract provided.
Polygraph And Internal Police Investigations: When Will Illinois Lawmakes Side With The Citizen To Identify Instances Of Police Misconduct, 19 J. Marshall L. Rev. 431 (1986), Milo W. Miller
UIC Law Review
No abstract provided.
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
Touro Law Review
No abstract provided.
Duties Of Preservation, Donald H. Regan
Duties Of Preservation, Donald H. Regan
Book Chapters
The central philosophical problem concerning our duties with regard to nature is this: We are strongly inclined to think we have certain duties which are not fully accounted for by instrumental arguments. We are also strongly inclined to hold a view about value that seems to make it impossible to account for these duties by any noninstrumental arguments. Hence our perplexity. It seems that we have duties to respect living creatures; to avoid causing the extinction of species; even to preserve complex parts of the environment s uch as a tropical rain forest or the Grand Canyon. If we ask …
Four Senses Of The Public Law-Private Law Distinction, Randy E. Barnett
Four Senses Of The Public Law-Private Law Distinction, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Perhaps the most useful function for a foreword to a symposium on the "Limits of Public Law" would be to explain what is meant by "public law." If there is more than one sense of a distinction between "public law" and "private law," identifying which sense is being used in a particular instance should reduce confusion. As it turns out, there are four different ways to distinguish between public law and private law that are relevant to this Symposium.
Rising Above Principle, Geoffrey C. Hazard Jr.
Rising Above Principle, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
The Political Consequences Of Labor Law Regimes: The Contractualist And Corporatist Models Compared, Tamara Lothian
The Political Consequences Of Labor Law Regimes: The Contractualist And Corporatist Models Compared, Tamara Lothian
Tamara Lothian
No abstract provided.