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Articles 1 - 30 of 173
Full-Text Articles in Law
Tax Benefits Of Government-Owned Marijuana Stores, Benjamin Leff
Tax Benefits Of Government-Owned Marijuana Stores, Benjamin Leff
Articles in Law Reviews & Other Academic Journals
This Article is the first to address whether independent governmental affiliates that sell marijuana are exempt from federal income tax under section 115 of the Internal Revenue Code. It argues that such entities should easily pass the IRS's current interpretation of the three requirements for tax-exemption under section 115: (i) that exempt income be derived from "the exercise of any essential governmental function"; (ii) that such income "accru[e] to a State or any political subdivision thereof"; and (iii) that the income "not serve private interests[.]" In addition, this Article argues that though selling marijuana is illegal under federal law, that …
Nontechnical Disclosure, Jonas Anderson
Nontechnical Disclosure, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
One of the primary goals of the patent system is the broad dissemination of technical knowledge. But, as this Article argues, there is also an underappreciated amount of nontechnical knowledge contained in a patent, information that may in certain cases be more valuable to readers than the technical disclosure contained in a patent. This Article looks at various types of nontechnical disclosure to argue that appreciating the nontechnical aspects of patent disclosure can increase our understanding of what information patents are disseminating to the general public.
Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner Lee V. Tam, No. 15-1293 (Filed Nov. 16, 2016), Christine Farley, Rebecca Tushnet
Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner Lee V. Tam, No. 15-1293 (Filed Nov. 16, 2016), Christine Farley, Rebecca Tushnet
Articles in Law Reviews & Other Academic Journals
The Federal Circuit’s ruling that the § 2(a) disparagement provision is unconstitutional, if upheld, could allow for numerous provisions of the Trademark Act to be overturned, dismantling the modern trademark system. The trademark system is premised on evaluating speech and making content-based determinations. Granting a trademark registration requires content-based determinations, though not viewpoint-based, as words are evaluated independent of applicants’ individual viewpoints.In no way does the refusal to register a trademark prevent its use or diminish public debate. Rather than facilitating public debate, a trademark registration is a government-issued document that makes it easier for its owner to suppress the …
A Complex Case Tests New York State’S Expanded Definition Of Parenthood, Nancy Polikoff
A Complex Case Tests New York State’S Expanded Definition Of Parenthood, Nancy Polikoff
Popular Media
Prof. Nancy Polikoff discusses NY’s expanded definition of parenthood in this NY Times article.
Asia & Oceania Coverage, Human Rights Brief
Asia & Oceania Coverage, Human Rights Brief
Human Rights Brief Fall 2016 Regional Coverage
No abstract provided.
Europe & Central Asia Coverage, Human Rights Brief
Europe & Central Asia Coverage, Human Rights Brief
Human Rights Brief Fall 2016 Regional Coverage
No abstract provided.
Americas Coverage, Human Rights Brief
Americas Coverage, Human Rights Brief
Human Rights Brief Fall 2016 Regional Coverage
No abstract provided.
The Productivity Puzzle: How Can We Speed Up The Growth Of The Economy?, Jonathan Baker, Louise Sheiner, Martin Neil Baily, David Wessel, Robert Barro, J. Bradford Delong, Bronwyn Hall
The Productivity Puzzle: How Can We Speed Up The Growth Of The Economy?, Jonathan Baker, Louise Sheiner, Martin Neil Baily, David Wessel, Robert Barro, J. Bradford Delong, Bronwyn Hall
Presentations
Video link: https://youtu.be/dojtWYrjnbcAfter nearly a decade of strong productivity growth starting in the mid-1990s, productivity growth has slowed down over the most recent decade. Output per hour worked in the U.S. business sector has grown at only 1.3 percent per year from 2004 to 2015, and growth was even slower from 2010 to 2015 at just 0.5 percent a year. These rates are only half or less of the pace of growth achieved in the past. The United States is not alone in facing this problem, as all of the major advanced economies have also seen slow productivity growth. This …
Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar
Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar
Labor & Employment Law Forum
No abstract provided.
The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria
The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria
Labor & Employment Law Forum
No abstract provided.
Balancing Employer And Employee Interests In Social Media Disputes, Tara R. Flomenhoft
Balancing Employer And Employee Interests In Social Media Disputes, Tara R. Flomenhoft
Labor & Employment Law Forum
No abstract provided.
Employment Discrimination: Have The Federal Courts Reached A Consensus On How To Interpret Title Vii Claims Alleged By Plaintiffs Who Identify As Lesbian, Gay, Bisexual, Or Transgender?, Larkin Nicholas
Labor & Employment Law Forum
No abstract provided.
Book Review J. Shoshanna Ehrilich, Regulating Desire: From The Virtuous Maiden To The Purity Princess, Maya Manian
Book Review J. Shoshanna Ehrilich, Regulating Desire: From The Virtuous Maiden To The Purity Princess, Maya Manian
Articles in Law Reviews & Other Academic Journals
In this effective and engaging book, J. Shoshanna Ehrlich uncovers the hidden agendas underlying the long history of the law's regulation of female adolescent sexuality. Ehrlich persuasively demonstrates that a multitude of laws purporting to protect public health in one form or another in fact "encode the value of female virtue into law based upon a set of assumptions about their sexuality" (3). The book spans a wide time period, moving chronologically through a series of legal reform movements targeting young women's sexuality, from the 1838 effort to criminalize seduction to the modem-day movement promoting abstinence-only sex education. Although the …
Americas Coverage, Human Rights Brief
Americas Coverage, Human Rights Brief
Human Rights Brief Spring 2016 Regional Coverage
No abstract provided.
Europe & Central Asia Coverage, Human Rights Brief
Europe & Central Asia Coverage, Human Rights Brief
Human Rights Brief Spring 2016 Regional Coverage
No abstract provided.
Middle East & North Africa Coverage, Human Rights Brief
Middle East & North Africa Coverage, Human Rights Brief
Human Rights Brief Spring 2016 Regional Coverage
No abstract provided.
Asia & Oceania Coverage, Human Rights Brief
Asia & Oceania Coverage, Human Rights Brief
Human Rights Brief Spring 2016 Regional Coverage
No abstract provided.
Sub-Saharan Africa Coverage, Human Rights Brief
Sub-Saharan Africa Coverage, Human Rights Brief
Human Rights Brief Spring 2016 Regional Coverage
No abstract provided.
International Coverage, Human Rights Brief
International Coverage, Human Rights Brief
Human Rights Brief Spring 2016 Regional Coverage
No abstract provided.
Intellectual Property And Related Rights In Climate Data, Michael Carroll
Intellectual Property And Related Rights In Climate Data, Michael Carroll
Articles in Law Reviews & Other Academic Journals
This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …
Thinking Outside The Jury Box: Deploying The Grand Jury In The Guilty Plea Process, Roger Fairfax
Thinking Outside The Jury Box: Deploying The Grand Jury In The Guilty Plea Process, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
There is near-universal agreement that the engine of the modern American criminal justice system is plea bargaining.'Given the ubiquity of plea bargaining, the Supreme Court and the rest of the legal community have begun setting their sights on how the practice might be better regulated. At the same time, many hold the view that the grand jury has outlived its usefulness in the administration of criminal justice and is a relic of a time gone by. Even before recent calls for the abolition of the grand jury in the wake of high-profile cases that seemed to cast the institution in …
Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith
Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith
Reports
Housing youth who are prosecuted and convicted as adults in adult facilities is challenging and creates significant dilemmas for correctional agencies. In particular, should such “youthful inmates” be treated as part of the regular adult population or should these youth be housed in facilities still under the purview of the adult corrections agency but in facilities designated for youth? More narrowly, should youthful inmates who remain in an adult facility be held in separate housing blocks? Or, should youthful inmates in adult correctional facilities be housed in protective custody or solitary confinement for their protection? How should agencies provide required …
Ribbon-Cutting Ceremony: Keynote Address, Ruth Bader Ginsburg
Ribbon-Cutting Ceremony: Keynote Address, Ruth Bader Ginsburg
American University Law Review
No abstract provided.
Ribbon-Cutting Ceremony, Claudio Grossman
Ribbon-Cutting Ceremony, Claudio Grossman
American University Law Review
No abstract provided.
Impermissive Counterclaims: Why Nonresident Plaintiffs Can Contest Personal Jurisdiction In Unrelated Countersuits, Jon D. Bressler
Impermissive Counterclaims: Why Nonresident Plaintiffs Can Contest Personal Jurisdiction In Unrelated Countersuits, Jon D. Bressler
American University Law Review
No abstract provided.
The Court And The Cannonball: An Inside Look, Lee Levine, Stephen Wermiel
The Court And The Cannonball: An Inside Look, Lee Levine, Stephen Wermiel
American University Law Review
No abstract provided.
2015 Survey Of Government Contract Cases Before The Federal Circuit, Kathleen Hsu
2015 Survey Of Government Contract Cases Before The Federal Circuit, Kathleen Hsu
American University Law Review
No abstract provided.
2015 International Trade Decisions Of The Federal Circuit, Kevin J. Fandl
2015 International Trade Decisions Of The Federal Circuit, Kevin J. Fandl
American University Law Review
No abstract provided.
2015 Patent Decisions Of The Federal Circuit, Craig E. Countryman
2015 Patent Decisions Of The Federal Circuit, Craig E. Countryman
American University Law Review
No abstract provided.
2015 Trademark Law Decisions Of The Federal Circuit, Linda K. Mcleod, Lindsay B. Allen
2015 Trademark Law Decisions Of The Federal Circuit, Linda K. Mcleod, Lindsay B. Allen
American University Law Review
No abstract provided.