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Articles 241 - 270 of 12849
Full-Text Articles in Law
Privacy And Funeral Protests, Christina E. Wells
Privacy And Funeral Protests, Christina E. Wells
North Carolina Law Review
No abstract provided.
Out Of Step: Why Pulliam V. Smith Should Be Overruled To Hold All North Carolina Parents - Gay And Straight - To The Same Custody Standard, M. Blake Huffman
Out Of Step: Why Pulliam V. Smith Should Be Overruled To Hold All North Carolina Parents - Gay And Straight - To The Same Custody Standard, M. Blake Huffman
North Carolina Law Review
No abstract provided.
Reevaluating Privacy And Disability Laws In The Wake Of The Virginia Tech Tragedy: Considerations For Administrators And Lawmakers, Mary Fletcher Pena
Reevaluating Privacy And Disability Laws In The Wake Of The Virginia Tech Tragedy: Considerations For Administrators And Lawmakers, Mary Fletcher Pena
North Carolina Law Review
No abstract provided.
"Fleeting Expletives" Are The Tip Of The Iceberg: Fallout From Exposing The Arbitrary And Capricious Nature Of Indecency Regulation, Dave E. Hutchinson
"Fleeting Expletives" Are The Tip Of The Iceberg: Fallout From Exposing The Arbitrary And Capricious Nature Of Indecency Regulation, Dave E. Hutchinson
Federal Communications Law Journal
On November 4, 2008, the Supreme Court heard arguments in FCC v. Fox Television Stations, which centers on whether or the FCC's policy allowing fleeting expletives to be found actionably indecent is arbitrary and capricious. The Second Circuit found that the fleeting expletives policy is arbitrary and capricious as a matter of administrative law. The Supreme Court decision will provide much needed guidance for what constitutes a reasoned basis in the indecency regime's contextual approach. This Note argues that--despite the FCC's recognition that time and context changes the meaning of language-the FCC's indecency regime is at loggerheads with broadcasters because …
Class Conflicts Of Law I: Unilateral Worker Lawmaking Versus Unilateral Employer Lawmaking In The U.S. Workplace, James Gray Pope
Class Conflicts Of Law I: Unilateral Worker Lawmaking Versus Unilateral Employer Lawmaking In The U.S. Workplace, James Gray Pope
Buffalo Law Review
No abstract provided.
Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer
Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer
Buffalo Law Review
No abstract provided.
The Colorline As Capital Accumulation, Anthony Paul Farley
The Colorline As Capital Accumulation, Anthony Paul Farley
Buffalo Law Review
No abstract provided.
Getting Class, Laura T. Kessler
Race And Class: More Than A Liberal Paradox, Maria Grahn-Farley
Race And Class: More Than A Liberal Paradox, Maria Grahn-Farley
Buffalo Law Review
No abstract provided.
On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel
On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel
Buffalo Law Review
Most legal scholars treat capitalism as a genus with one species. The appearance of several books that argue to the contrary suggests that it is sensible to revisit this assumption. Discussion begins by considering the constructed nature of markets, the importance of market systems, and the role of financings as the factor distinguishing capitalism from other forms of a market economy. Thereafter, four articulations of the varieties of capitalism are reviewed: the classic Marxist one, one by a political economist, another by a pair of comparative political scientists, and third by a trio of economists. This review leads to a …
Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey
Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey
Buffalo Law Review
This essay takes a step toward building a story of economic class in U.S. constitutional law, as part of a special essay issue of the Buffalo Law Review developed from a series of workshops titled ClassCrits: Toward a Critical Analysis of Economic Inequality, sponsored by the Baldy Center for Law and Social Policy at the University at Buffalo. The essay focuses on the 2003 U.S. Supreme Court decision in State Farm Mutual Insurance Co. v. Campbell, one of a series of recent cases using the due process clause of the 14th Amendment to limit punitive damage awards against corporate defendants …
Incurable Or Remediable - Clues To Undoing The Gordian Knot Tied By Intellectual Property Rights Enforcement In China , Wei Shi
University of Pennsylvania Journal of International Law
No abstract provided.
Table Of Contents
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Warren Spahn's Legal Legacy: The Right To Be Free From False Praise, Ray Yasser
Warren Spahn's Legal Legacy: The Right To Be Free From False Praise, Ray Yasser
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Reconciling Soccer Authorities And European Union Institutions: Who Is Best Placed To Administer Governance Within The European Soccer Market?, Duncan Mchardy
Reconciling Soccer Authorities And European Union Institutions: Who Is Best Placed To Administer Governance Within The European Soccer Market?, Duncan Mchardy
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
A Family Affair: Extending The Right Of Publicity To Protect Celebrity Children, Sara Kimball
A Family Affair: Extending The Right Of Publicity To Protect Celebrity Children, Sara Kimball
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Understanding The Free Speech Rights Of Public School Coaches, Alison E. Price
Understanding The Free Speech Rights Of Public School Coaches, Alison E. Price
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Editorial Board - Vol. 18, No. 1 2008
Editorial Board - Vol. 18, No. 1 2008
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum
Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum
Fordham Intellectual Property, Media and Entertainment Law Journal
Renewed efforts to bring science and technology to the center of economic revival in developing nations recognize the centrality of the university in the creation and promotion of science and innovation. Many developed nations, following the paradigmatic U.S. technology transfer system, transfer their academic innovations to industry—through licensing intellectual property—for eventual commercialization. While conventional wisdom places the Carter era Bayh-Dole legislation at the center of that successful American system, this Article argues that the U.S. biotechnology and high tech booms are more likely attributable to the confluence of unique and propitious conditions, and that Bayh-Dole played a marginal role in …
The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng
The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman
Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman
When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Inequitable Conduct: A Standard In Motion., Benjamin Brown
Inequitable Conduct: A Standard In Motion., Benjamin Brown
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Owns Your Body? A Study In Literature And Law, Lori Andrews
Who Owns Your Body? A Study In Literature And Law, Lori Andrews
Chicago-Kent Law Review
No abstract provided.
Expressive Minimalism And Fuzzy Signals: The Judiciary And The Role Of Law, Michele Goodwin
Expressive Minimalism And Fuzzy Signals: The Judiciary And The Role Of Law, Michele Goodwin
Chicago-Kent Law Review
The proper role of courts engenders significant debate. Yet, what seems better settled is the principle that courts are the place at which the common law is developed. Its genesis and modifications evolve out of the juridical process and when that process becomes encumbered or deferred to the legislature the role of the judiciary is called into question. This essay makes the case that expressive minimalism too often governs the common law judicial approach to biotechnology. The cases visited in this domain test our capacity to understand whether life is appropriately described as being beyond the definition of property, as …
What Is Owed Participants In Biotechnology Research?, Julie A. Burger
What Is Owed Participants In Biotechnology Research?, Julie A. Burger
Chicago-Kent Law Review
The legal and ethical protections afforded human subjects of research afford individuals who participate in research certain rights. Potential participants must give voluntary and informed consent to participate, they have the right to withdraw from research, they cannot be asked to waive certain rights, and they have the right to choose which studies they will participate in. But researchers, institutions, patient advocacy groups, and ethicists continue to debate how these rules should be applied in the context of genetics research—projects that involve using the individual's tissue or the individual's genetic information, such as gene sequences, and associated medical information. Evidence …
Upstream Without A Paddle: Gene Patenting And The Protection Of The "Infostructure", Seth Shulman
Upstream Without A Paddle: Gene Patenting And The Protection Of The "Infostructure", Seth Shulman
Chicago-Kent Law Review
The U.S. patent system, designed to protect rights to specific, marketable gadgets, has increasingly over the past few decades granted patents on comparatively abstract and amorphous ideas that stretch the system beyond recognition. Overly broad patents, and patents too far "upstream" from the marketplace, I argue, undermine the patent regime, hamper innovation, and prove exceedingly difficult to adjudicate. Using a series of conceptual and historical analogies, I attempt to assess the patenting of genes and other broad, "upstream" patents from a public policy context, emphasizing, as many are coming to realize, that things work best in the knowledge-based economy when …
Gene Patents And The Product Of Nature Doctrine, John M. Conley
Gene Patents And The Product Of Nature Doctrine, John M. Conley
Chicago-Kent Law Review
Gene patents have proven to be enormously controversial, evoking a strong response from many categories of skeptics. Objections have focused on the foreclosure of research, the potential denial of healthcare, or the proper application of the patent laws. Gene patents also tend to trigger an elemental response that lies at the core of almost every objection: You shouldn't be able to patent a gene! This article focuses on the latter point, restating it as a question of legal doctrine: Why is it that the law has routinely treated genes as patentable inventions rather than unpatentable natural phenomena? Part II reviews …
Human Gene Patents: Proof Of Problems?, Timothy Caulfield
Human Gene Patents: Proof Of Problems?, Timothy Caulfield
Chicago-Kent Law Review
The patenting of human genes has been the focus of intense policy debate. The concerns associated with gene patenting are diverse, ranging from dignity based critiques to suggestions that patents will drive up the cost of health care. But the two concerns that have generated the most policy attention are that they hurt basic research (also known as the "anti-commons" problem) and access to useful technologies. The goal of this short comment is to question the degree to which existing evidence supports the speculation about these two justifications for patent reform. While the issues associated with gene patents are complex …
Intellectual Property And The Politics Of Emerging Technology: Inventors, Citizens, And Powers To Shape The Future, Stephen Hilgartner
Intellectual Property And The Politics Of Emerging Technology: Inventors, Citizens, And Powers To Shape The Future, Stephen Hilgartner
Chicago-Kent Law Review
This article argues that there is a mismatch between traditional intellectual property doctrine and the politics of intellectual property today. To examine the nature of the mismatch, I contrast two frameworks that both appear in contemporary debate about intellectual property: the traditional discourse, which focuses on innovation policy, and a newer, less clearly codified discourse that views intellectual property issues from the perspective of the politics of technology. This latter discourse focuses on the challenge of democratic governance in a world where emerging technologies have assumed a central role in constituting the future, raising far-reaching questions about how they should …