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Articles 61 - 74 of 74
Full-Text Articles in Law
The Social Meaning Of Shareholder Suits, James D. Cox
The Social Meaning Of Shareholder Suits, James D. Cox
Faculty Scholarship
No abstract provided.
Markets, Democracy, And Ethnic Conflict, Amy L. Chua
Markets, Democracy, And Ethnic Conflict, Amy L. Chua
Faculty Scholarship
No abstract provided.
Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.
Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Reflective Choice In Health Care: Using Information Techonology To Present Allocation Options, Arti K. Rai
Reflective Choice In Health Care: Using Information Techonology To Present Allocation Options, Arti K. Rai
Faculty Scholarship
No abstract provided.
Database Protection At The Crossroads: Recent Development And Their Impact On Science And Technology, Jerome H. Reichman, Paul F. Uhlir
Database Protection At The Crossroads: Recent Development And Their Impact On Science And Technology, Jerome H. Reichman, Paul F. Uhlir
Faculty Scholarship
This article explores the potentially adverse impact that the emerging legal infrastructure could have on scientific, technical, and educational users of factual data and information-as well as on other sectors of the information economy-unless suitable adjustments are made. It begins by explaining how efforts to accommodate the networked environment to the publishers' fears of market failure will impose a daunting array of legal and contractual restraints on the ability of scientists and engineers to access factual data and information in the near future. It then goes on to examine the most recent efforts to devise a sui generis intellectual property …
Who’S Afraid Of Thomas Cromwell?, H. Jefferson Powell
Who’S Afraid Of Thomas Cromwell?, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
‘Pinochet’ And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
‘Pinochet’ And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.
The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young
The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young
Faculty Scholarship
No abstract provided.
Forum Shopping For Human Rights, Laurence R. Helfer
Forum Shopping For Human Rights, Laurence R. Helfer
Faculty Scholarship
The article analyzes a growing trend in international human rights law: the submission of petitions by aggrieved individuals to multiple human rights courts, tribunals, or treaty bodies, each of which is authorized to review the petition and to determine whether the individuals? rights have been violated. Most commentators have viewed this practice of "forum shopping for human rights" as a danger to be avoided. This article questions that conventional wisdom and offers in its place a re-envisioning of the human rights petition system. Although efficiency, finality and other concerns weigh against some varieties of duplicative review, this article argues that …
Stepping Into The Same River Twice: Rapidly Changing Facts And The Appellate Process, Stuart M. Benjamin
Stepping Into The Same River Twice: Rapidly Changing Facts And The Appellate Process, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
Intellectual Property Rights In Biotechnology: Addressing New Technology, Arti K. Rai
Intellectual Property Rights In Biotechnology: Addressing New Technology, Arti K. Rai
Faculty Scholarship
This Article argues that the Court of Appeals for the Federal Circuit ("CAFC") has applied patent doctrine to biotechnology in a manner that makes patent protection far too strong in some respects and too weak in other respects. One major reason for the CAFC's mistakes has been limited comprehension of the new technologies that are central to the biotechnology industry. Moreover, a comparative analysis of the various institutions that could address the new genetic technologies reveals that the Patent and Trademark Offices ("PTO") is best equipped for the task. Thus, the CAFC should show greater deference to the PTO's factual …
Radical Tax Reform, The Constitution, And The Conscientious Legislator, Lawrence A. Zelenak
Radical Tax Reform, The Constitution, And The Conscientious Legislator, Lawrence A. Zelenak
Faculty Scholarship
In an earlier article in these pages, Prof. Erik M Jensen examined the history of the Direct-Tax Clauses of the Constitution and concluded that two proposals for fundamental tax reform--the flat tax and the Unlimited Savings Allowance (USA) tax--would be unconstitutional as unapportioned direct taxes. In this essay Prof. Zelenak disagrees with that conclusion. Zelenak accepts, for the sake of argument, Jensen's reading of the historical records, but differs with Jensen on how to apply the Direct-Tax Clauses to forms of taxation not imagined in the eighteenth century. He suggests that a conscientious legislator could decide that neither proposal would …
The Mechanisms Of Control, Deborah A. Demott
The Mechanisms Of Control, Deborah A. Demott
Faculty Scholarship
No abstract provided.
The Selling Of The Flat Tax: The Dubious Link Between Rate And Base, Lawrence A. Zelenak
The Selling Of The Flat Tax: The Dubious Link Between Rate And Base, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.