Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (6)
- Intellectual Property Law (5)
- Constitutional Law (3)
- Legal History (3)
- Antitrust and Trade Regulation (2)
-
- Civil Law (2)
- Civil Rights and Discrimination (2)
- Criminal Law (2)
- Criminal Procedure (2)
- First Amendment (2)
- Human Rights Law (2)
- Labor and Employment Law (2)
- Law and Gender (2)
- Legal Writing and Research (2)
- Other Law (2)
- Science and Technology Law (2)
- Banking and Finance Law (1)
- Communications Law (1)
- Comparative and Foreign Law (1)
- Dispute Resolution and Arbitration (1)
- Education Law (1)
- Elder Law (1)
- Insurance Law (1)
- Judges (1)
- Law Enforcement and Corrections (1)
- Law and Economics (1)
- Law and Philosophy (1)
- Law and Society (1)
- Legal Education (1)
- Keyword
-
- Law (4)
- Memorial (4)
- Health (3)
- Rights (3)
- Tribute (3)
-
- Abortion (2)
- Antitrust (2)
- Arbitration (2)
- Copyright (2)
- Court (2)
- Equality (2)
- Feminism (2)
- Information (2)
- National Labor Relations Act (2)
- Reproduction (2)
- Same-sex marriage (2)
- AIDS prevention (1)
- Aba (1)
- Activism (1)
- Alienate (1)
- Amendment (1)
- Antebellum (1)
- Arguing (1)
- Art (1)
- Article V (1)
- Authorship (1)
- Autopoietic theory (1)
- Balancing (1)
- Banking (1)
- Betsy (1)
Articles 31 - 44 of 44
Full-Text Articles in Law
The Aba's Proposed Moratorium On The Death Penalty: The American Bar Association And Federal Habeas Corpus, Larry Yackle
The Aba's Proposed Moratorium On The Death Penalty: The American Bar Association And Federal Habeas Corpus, Larry Yackle
Faculty Scholarship
The ABA explains its proposed moratorium on capital punishment in part on the ground that recent decisions rendered by the Supreme Court and legislation enacted by Congress limit the ability of prisoners under sentence of death to challenge their sentences in the federal courts.' According to the ABA, the Supreme Court has placed numerous hurdles in the path of prisoners who apply to the federal courts for a writ of habeas corpus, claiming that their convictions were obtained or their sentences were imposed in violation of federal law. Congress, for its part, has added even more barriers in Title I …
Archibald Cox: Teacher, David J. Seipp
Archibald Cox: Teacher, David J. Seipp
Faculty Scholarship
Archie Cox is a teacher. He taught generations of law students at Harvard Law School and, more recently, at Boston University School of Law. He left the classroom on three occasions, reluctantly, when first President Truman, then President Kennedy, then President Nixon's Attorney General called Professor Cox to Washington to play a part on the national stage. In his first weeks as Watergate Special Prosecutor, Cox carried with him a stack of blue books, Labor Law examinations he still had to grade (p. 263). In the public eye, his straight-backed demeanor, his familiar crew cut, half-glasses, bow tie, and tweeds …
Marriage Contracts And The Family Economy, Katharine B. Silbaugh
Marriage Contracts And The Family Economy, Katharine B. Silbaugh
Faculty Scholarship
One simplified view of contract law is that the state enforces private bargains without looking into the substance of those bargains. From this contractual perspective marriage might look like a contract to exchange services and goods: love, money, the ability to have and raise children, housework, sex, emotional support, physical care in times of sickness, entertainment and so forth. But when the parties to a marriage put these terms in writing, courts only enforce the provisions governing money. This contract/family law rule of selective enforcement disproportionately benefits those who bring more money to a marriage, who are more likely to …
Defining The Limits Of Free-Riding In Cyberspace: Trademark Liability For Metatagging, Maureen A. O'Rourke
Defining The Limits Of Free-Riding In Cyberspace: Trademark Liability For Metatagging, Maureen A. O'Rourke
Faculty Scholarship
The Internet has the potential to revolutionize global communication, offering a relatively low-cost means for information exchange. Since its inception as a research network, the Internet has developed into a "a vast library including millions of readily available and indexed publications and a sprawling mall offering goods and services."' The World Wide Web ("Web"), a tool which helps to organize the enormous amount of information available on the Internet, has been a catalyst in the Internet's emergence as a viable commercial marketplace.
Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon
Intellectual Property As Price Discrimination: Implications For Contract, Wendy J. Gordon
Faculty Scholarship
As people become enamored with the possible benefits of allowing price discrimination in contracts for intellectual goods, they should realize that traditional intellectual property law works by fostering price discrimination among customers. This simple fact has implications for federal pre-emption, and is a reminder of the complexity of the economic issues involved. Increasing a seller's ability to price discriminate will often involve increasing his monopoly power, with dubious welfare effects.
Productivity Adjustments And Learning-By-Doing As Human Capital, James Bessen
Productivity Adjustments And Learning-By-Doing As Human Capital, James Bessen
Faculty Scholarship
This paper measures plant-level productivity gains associated with learning curves across the entire manufacturing sector. We measure these gains at plant startups and also after major employment changes. We find: 1) The gains are strongly associated with a variety of human capital measures implying that learning-by-doing is largely a firm-specific human capital investment. 2) This implicit investment is large; many plants invest as much in learning-by-doing as they invest in physical capital and much more than they invest in formal job training. 3) This investment differs persistently over industries and is higher with greater R&D. 4) Consistent with a learning-by-doing …
On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief
On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief
Faculty Scholarship
It was made clear long ago that property and value are different things. Value exists. It is a fact. It can arise from law, and much of law aims at creating more value in the world. But value can also arise in spite of law (consider, for example, the fortunes that bootleggers made during the Roaring Twenties), or in law's interstices. When a particular value arises despite a lack of explicit legal protection, its possessors often ask courts or legislatures to give them a legal entitlement to preserve and further exploit that value. Typically the holders demand (1) a liberty …
Partial-Birth Abortion, Congress, And The Constitution, George J. Annas
Partial-Birth Abortion, Congress, And The Constitution, George J. Annas
Faculty Scholarship
The political debate over abortion during the past 25 years has shifted among various dichotomous views of the world: life versus choice, fetus versus woman, fetus versus baby, constitutional right versus states' rights, government versus physician, physician and patient versus state legislature. Hundreds of statutes and almost two dozen Supreme Court decisions on abortion later, the core aspects of Roe v. Wade, 1 the most controversial health-related decision by the Court ever, remain substantially the same as they were in 1973. Attempts to overturn Roe in both the courtroom and the legislature have failed. Pregnant women still have a constitutional …
Human Rights And Health - The Universal Declaration Of Human Rights At 50, George J. Annas
Human Rights And Health - The Universal Declaration Of Human Rights At 50, George J. Annas
Faculty Scholarship
War, famine, pestilence, and poverty have had obvious and devastating effects on health throughout human history. In recent times, human rights have come to be viewed as essential to freedom and individual development. But it is only since the end of World War II that the link between human rights and these causes of disease and death has been recognized.1-3 The 50th anniversary of the Universal Declaration of Human Rights — signed on December 10, 1948 — provides an opportunity to review its genesis, to explore the contemporary link between health and human rights, and to develop effective human-rights …
Autopoiesis And The 'Relative Autonomy' Of Law, Hugh Baxter
Autopoiesis And The 'Relative Autonomy' Of Law, Hugh Baxter
Faculty Scholarship
Recent accounts of the relation between law and other social spheres have emphasized law's "relative autonomy." The intuition behind the "relative autonomy" formula is that law is neither wholly independent of, nor entirely reducible to, political, economic and other social processes. Sensible as this intuition is, however, the idea of "relative autonomy" by itself remains purely negative. It excludes two unpalatable extremes – pure formalism and pure instrumentalism – but it does not by itself characterize, in positive theoretical terms, the relation between law and other social discourses or practices.
This Article examines an attempt in recent German social thought …
The Shadowlands: Secrets, Lies, And Assisted Reproduction, George J. Annas
The Shadowlands: Secrets, Lies, And Assisted Reproduction, George J. Annas
Faculty Scholarship
Americans love babies and technology, and most Americans applaud the ability of the new assisted-reproduction techniques to help infertile couples have children. But these techniques have also given birth to a wide variety of new legal issues, including questions about the identity of the mother and father of the child, the enforcement of preconception contracts, the elements of informed consent, and the disposition of frozen embryos. After almost 20 years of experience and the growth of infertility clinics into a multibillion-dollar industry, it is time to consider establishing national standards and a federal regulatory scheme. Two recent court cases, one …
Defending The Middle Way: Intermediate Scrutiny As Judicial Minimalism, Jay D. Wexler
Defending The Middle Way: Intermediate Scrutiny As Judicial Minimalism, Jay D. Wexler
Faculty Scholarship
In the last few years, Court-watchers have been particularly busy critiquing the constitutional decisions of the splintered Rehnquist Court. Two of the recurring critiques have posited that the Justices are overly activist and that their opinions are needlessly confusing. American Lawyer's Stuart Taylor, for example, has decried both the "jurisprudential mess" of the Court's recent redistricting decisions' as well as the disturbing activism that Taylor believes marks each of the Equal Protection decisions of the 1995-96 Terman activism that has led him to wonder "whether there is any life at all left in the idea of judicial restraint."' Eva Rodriguez …
Managing Legal Change: The Transformation Of Establishment Clause Law, Hugh Baxter
Managing Legal Change: The Transformation Of Establishment Clause Law, Hugh Baxter
Faculty Scholarship
One perspective on the Supreme Court is to see it as a manager of legal change. At a particular time, and with respect to a particular issue of federal law, a majority of Justices may coalesce around a law-transforming project. Because the Court enjoys nearly complete control over its docket, such a coalition of Justices may select carefully the cases most advantageous to the law -transforming project. And because the Court's pronouncements on matters of federal law are binding on all other interpreters, the Court may enforce its legal transformation by exercising its disciplinary powers of review. The Court's implementation …
Toleration, Autonomy, And Governmental Promotion Of Good Lives: Beyond 'Empty' Toleration To Toleration As Respect, Linda C. Mcclain
Toleration, Autonomy, And Governmental Promotion Of Good Lives: Beyond 'Empty' Toleration To Toleration As Respect, Linda C. Mcclain
Faculty Scholarship
This Article considers discontent with liberal toleration as being both too empty, because it fails to secure respect and appreciation among citizens who tolerate each other, and too robust, because it precludes government from engaging in a formative project of helping citizens to live good, self-governing lives. To meet these criticisms, the Article advances a model of toleration as respect, as distinguished from a model of empty toleration, drawing on three rationales for toleration: the anti-compulsion rationale, the jurisdictional rationale, and the diversity rationale. It defends toleration as respect against some common criticisms-emanating from feminist, civic republican, and liberal perfectionist …