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Articles 1 - 30 of 229
Full-Text Articles in Law
Wi-Fi Everywhere: Universal Broadband Access As Antitrust And Telecommunications Policy, Hannibal Travis
Wi-Fi Everywhere: Universal Broadband Access As Antitrust And Telecommunications Policy, Hannibal Travis
American University Law Review
No abstract provided.
Addressing Perceptions Of Procedural Unfairness In Compulsory Unitization By Appointing Neutral Experts, Gideon Wiginton
Addressing Perceptions Of Procedural Unfairness In Compulsory Unitization By Appointing Neutral Experts, Gideon Wiginton
American University Law Review
No abstract provided.
No Relief: Understanding The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Through The Rights/Remedies Framework, Tritia L. Yuen
No Relief: Understanding The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Through The Rights/Remedies Framework, Tritia L. Yuen
American University Law Review
No abstract provided.
The Bapcpa's Chilling Effect On Debtor's Councel, Alan Eisher
The Bapcpa's Chilling Effect On Debtor's Councel, Alan Eisher
American University Law Review
No abstract provided.
The Implications Of The Third Circuit's Armstrong Decision On Creative Corporate Restructuring: Will Strict Construction Of The Absolute Priority Rule Make Chapter 11 Consensus Less Likely?, Harvey R. Miller, Ronit J. Berkovich
The Implications Of The Third Circuit's Armstrong Decision On Creative Corporate Restructuring: Will Strict Construction Of The Absolute Priority Rule Make Chapter 11 Consensus Less Likely?, Harvey R. Miller, Ronit J. Berkovich
American University Law Review
No abstract provided.
The New Journalism? Why Traditional Defamation Laws Should Apply To Internet Blogs, Melissa A. Troiano
The New Journalism? Why Traditional Defamation Laws Should Apply To Internet Blogs, Melissa A. Troiano
American University Law Review
No abstract provided.
Testing The Limits Of Statutory Construction Doctrines: Deconstructing The 2005 Bankruptcy Act, John Rao
Testing The Limits Of Statutory Construction Doctrines: Deconstructing The 2005 Bankruptcy Act, John Rao
American University Law Review
No abstract provided.
The California Missions Preservation Act: Safeguarding Our History Or Subsidizing Religion?, Stacey L. Mahaney
The California Missions Preservation Act: Safeguarding Our History Or Subsidizing Religion?, Stacey L. Mahaney
American University Law Review
No abstract provided.
Pharmacy Conscience Clause Statutes: Constitutional Religious "Accommodations" Or Unconstitutional "Substaintial Burdens" On Women?, Melissa Duvall
Pharmacy Conscience Clause Statutes: Constitutional Religious "Accommodations" Or Unconstitutional "Substaintial Burdens" On Women?, Melissa Duvall
American University Law Review
No abstract provided.
A Few Lines, David G. Epstein
The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell
The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell
American University Law Review
No abstract provided.
Patent Law Decisions Of The Federal Circuit, Sasha Mayergoyz, Michael F. Harte, David Mckone, Amanda J. Hollis, Peter Moore, Jennifer L. Travers
Patent Law Decisions Of The Federal Circuit, Sasha Mayergoyz, Michael F. Harte, David Mckone, Amanda J. Hollis, Peter Moore, Jennifer L. Travers
American University Law Review
No abstract provided.
2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird
2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird
American University Law Review
No abstract provided.
Recrafting The Jurisdictional Framework For Private Rights Of Action Under The Federal Securities Laws, Jeffrey T. Cook
Recrafting The Jurisdictional Framework For Private Rights Of Action Under The Federal Securities Laws, Jeffrey T. Cook
American University Law Review
No abstract provided.
Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets
Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets
American University Law Review
No abstract provided.
Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets
Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets
American University Law Review
No abstract provided.
Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum
Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum
American University Law Review
No abstract provided.
Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum
Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum
American University Law Review
No abstract provided.
Recrafting The Jurisdictional Framework For Private Rights Of Action Under The Federal Securities Laws, Jeffrey T. Cook
Recrafting The Jurisdictional Framework For Private Rights Of Action Under The Federal Securities Laws, Jeffrey T. Cook
American University Law Review
No abstract provided.
Standard Of Care For Residents And Other Medical School Graduates In Training, Joseph H. King
Standard Of Care For Residents And Other Medical School Graduates In Training, Joseph H. King
American University Law Review
No abstract provided.
“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll
“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll
American University Law Review
Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. In the modern context, it is clear that innovators' needs for intellectual property protection vary substantially across industries and among types of innovation. Applying a socially costly, uniform solution to problems of differing magnitudes means that the law necessarily imposes uniformity cost by underprotecting those who invest in certain costly innovations and overprotecting those with low innovation costs or access to alternative appropriability mechanisms. This Article argues that reducing uniformity cost is the central problem for intellectual …
The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding
The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding
American University Law Review
Brain-damaged defendants are seen everyday in American courtrooms, and in many cases, their criminal behavior appears to be the product of extremely poor judgment and self-control. Some have a disorder in the frontal lobes, the area of the brain responsible for judgment and impulse control. Yet because defendants suffering from frontal lobe dysfunction usually understand the difference between right and wrong, they are unable to avail themselves of the only insanity defense available in many states, a defense based on the narrow McNaghten test. "Irresistible impulse" (or "control") tests, on the other hand, provide an insanity defense to those who …
Case For A.U. (Accountable Universities): Enforcing University Administrator Fiduciary Duties Through Student Derivative Suits, Sarah R. Kusiak
Case For A.U. (Accountable Universities): Enforcing University Administrator Fiduciary Duties Through Student Derivative Suits, Sarah R. Kusiak
American University Law Review
This Comment examines issues of charitable fiduciary enforcement in the context of private universities. Part I reviews the law of charitable entities, the rationale behind attorney general charitable enforcement, and the failures of that enforcement regime. It also examines generally the private charitable enforcement options of special interest standing and nonprofit member derivative suits. Part II examines these issues in the context of the private university, and details why student attempts to enforce the fiduciary duties of university administrators under the special interest doctrine have failed. Part III argues for the judicial recognition of a university student derivative cause of …
Minority Investor Protections As Default Norms: Using Price To Illuminate The Deal In Close Corporations, Robert C. Illig
Minority Investor Protections As Default Norms: Using Price To Illuminate The Deal In Close Corporations, Robert C. Illig
American University Law Review
This Article argues that legal protections for minority investors in close corporations should be interpreted as default rules. Currently, such protections are mandatory and thus impose on investors a uniform norm of conduct that restricts their freedom to bargain. Courts and scholars advocating such protections have so far been unwilling to permit their waiver primarily because of the difficulty of distinguishing between a knowledgeable waiver and an ignorant omission.
A price-based approach solves that puzzle, however, by using the consideration paid by investors to illuminate their intentions. By permitting waiver only where there is clear evidence that the minority received …
Separate But Taxed: A Rejection Of The Steamlined Sales Tax Project Through A Commerce Clause And Federalist Analysis, Gregory R. Evans
Separate But Taxed: A Rejection Of The Steamlined Sales Tax Project Through A Commerce Clause And Federalist Analysis, Gregory R. Evans
American University Law Review
Sales and use taxes, which are levied by forty-five states, have long been an important source of revenue for state and local governments. The rigid structure of these long-standing taxes, however, has been strained by the rapid evolution of the online economy. As a result, the Multistate Tax Commission (“MTC”) devised a plan, the Streamlined State Sales Tax Project (“STP”), to recapture some of the revenue that state and local governments might otherwise lose as consumer purchases migrate from local retailers to online sellers. This plan, approved reciprocally by the states, but not by Congress, was designed by state legislators …
Supreme Court Watch: Upcoming Criminalcases On The 2006-2007 Docket, Criminal Law Brief
Supreme Court Watch: Upcoming Criminalcases On The 2006-2007 Docket, Criminal Law Brief
American University Criminal Law Brief
No abstract provided.
Letter From The Editor, Laurita M. Denny
Letter From The Editor, Laurita M. Denny
American University Criminal Law Brief
No abstract provided.
Bluffing? The Legislative Response To Internet Gambling, Jon Feldon
Bluffing? The Legislative Response To Internet Gambling, Jon Feldon
American University Criminal Law Brief
No abstract provided.
The Prosecutor’S Role: A Response To Professor Davis, Randall D. Eliason
The Prosecutor’S Role: A Response To Professor Davis, Randall D. Eliason
American University Criminal Law Brief
No abstract provided.
Courts, Cops, Citizens, And Criminals: How Courts Misapply Seibertto Question-First Interrogations And How They Can Fix It, Justin D. Heminger
Courts, Cops, Citizens, And Criminals: How Courts Misapply Seibertto Question-First Interrogations And How They Can Fix It, Justin D. Heminger
American University Criminal Law Brief
No abstract provided.