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Articles 1 - 5 of 5
Full-Text Articles in Law
Age Diversity, Alexander Boni-Saenz
Age Diversity, Alexander Boni-Saenz
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This Article is the first to examine age diversity in the legal literature, mapping out its descriptive, normative, and legal dimensions. Age diversity is a plural concept, as heterogeneity of age can take many forms in various human institutions. Likewise, the normative rationales for these assorted age diversities are rooted in distinct theoretical foundations, making the case for or against age diversity contextual rather than universal. A host of legal rules play a significant role in regulating age diversity, influencing the presence of different generations in the workplace, judiciary, and Congress. Better understanding the nature and consequences of age diversity …
Does Fair Use Matter? An Empirical Study Of Music Cases (Forthcoming), Edward Lee
Does Fair Use Matter? An Empirical Study Of Music Cases (Forthcoming), Edward Lee
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Copyright law recognizes fair use as a general limitation. It is assumed that fair use provides breathing room above and beyond the determination of infringement to facilitate the creation of new works of expression. This conventional account presupposes that fair use matters—that is, fair use provides greater leeway to a defendant than the test of infringement. Despite its commonsense appeal, this assumption has not been empirically tested. Except for fair uses involving exact copies (for which infringement would otherwise exist), it has not been proven that fair use makes much, if any, difference in results. Indeed, in one sector, the …
Reason And Conviction: Natural Rights, Natural Religion, And The Origins Of The Free Exercise Clause (Forthcoming), Steven Heyman
Reason And Conviction: Natural Rights, Natural Religion, And The Origins Of The Free Exercise Clause (Forthcoming), Steven Heyman
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No abstract provided.
The Undead Past: How Collective Memory Configures Trade Wars (Forthcoming), Sungjoon Cho
The Undead Past: How Collective Memory Configures Trade Wars (Forthcoming), Sungjoon Cho
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Conventional narratives explicate the recent trade war between the United States and China in realist terms, such as a hegemonic struggle symbolized by the “Thucydides’ trap.” Yet this universalist heuristic fatally omits ideational factors, such as beliefs, which are capable of contextualizing a particular foreign affair. The U.S.-China economic conflicts of today are characterized as much by past convictions as by simple power politics. This Article aims to remedy this analytical blind spot by employing the concept of “collective memory.” The central claim is that the particular ways and forms in which the U.S. elites and the public remember, and …
Male Same-Sex "Horseplay": The Epicenter Of All Sexual Harassment?, Kimberly Bailey
Male Same-Sex "Horseplay": The Epicenter Of All Sexual Harassment?, Kimberly Bailey
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In Oncale v. Sundowner Offshore Services, Inc., the U.S. SupremeCourt recognized same-sex sexual harassment as a cognizable claim of sex discrimination under Title VII of the Civil Rights Act of 1964. At the time, many scholars found this recognition to be significant andimportant, but some also argued that the Court provided an incomplete analysis regarding the meaning of discrimination “because of sex.” Specifically, some scholars argue that the Court’s opinion reinforces the sexual desire paradigm in the analysis of sexual harassment cases. Building upon this critique, this Article focuses specifically on the harassment of men who generally are perceived as …