Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Arts and Humanities (3)
- Civil Rights and Discrimination (2)
- Feminist, Gender, and Sexuality Studies (2)
- First Amendment (2)
- Law and Gender (2)
-
- Social and Behavioral Sciences (2)
- Sociology (2)
- Supreme Court of the United States (2)
- Business (1)
- Constitutional Law (1)
- E-Commerce (1)
- Family Law (1)
- Family, Life Course, and Society (1)
- Inequality and Stratification (1)
- Intellectual Property Law (1)
- Law and Race (1)
- Lesbian, Gay, Bisexual, and Transgender Studies (1)
- Other Religion (1)
- Religion (1)
- Religion Law (1)
- Sexuality and the Law (1)
- Keyword
-
- Boy Scouts (1)
- Caretaker-dependent relationship (1)
- Classism (1)
- Cult (1)
- Deference standard (1)
-
- Discrimination (1)
- Doctrine of analogous art (1)
- Doctrine of equivalents (1)
- E-commerce (1)
- Essentialism (1)
- Expressive activity (1)
- Expressive association (1)
- Fighting words (1)
- First Amendment (1)
- Gendered roles (1)
- Heterosexism (1)
- Homophobia (1)
- Immutability (1)
- Intellectual property (1)
- Internet business model (1)
- Intersectionality (1)
- LGBT (1)
- Marriage (1)
- Multidimensional nature of oppression (1)
- Novelty (1)
- Patent (1)
- Political power (1)
- Public forum (1)
- Public institution (1)
- Racism (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Faculty Articles
Part I of this Article provides a look at Internet business model patents in light of key patentability requirements mandated by the Patent Act. Part II traces the evolution of the analogous art component of the non-obviousness determination and illustrates how the malleability of the doctrine, as exemplified in several Court of Appeals for the Federal Circuit decisions, has particular relevance to prior art definitions for Internet business model patents. Part III of this Article then examines the doctrine of equivalents and explores how the likelihood of improper application of this doctrine in the Internet business model context is increased. …
"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson
"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson
Faculty Articles
This Article argues that the Supreme Courts decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly dermes "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay, lesbian, bisexual, and transgender individuals.
Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price
Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price
Faculty Articles
This article will consider various aspects of the U.S. legal system that affect proselytism. Although the United States has had a longstanding constitutional guarantee of the “free exercise” of religion, there are nonetheless significant constraints upon free exercise directly relating to proselytism. Some legal commentators, including Douglas Laycock, have argued that our decentralized system of government leads to insufficient protection of religious liberty, especially for religious minorities.Most case law on the subject in the United States, as well as most attempts to regulate behavior by ordinance or statute, have developed in response to groups or individuals that are outside the …
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson
Faculty Articles
This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed HRC's endorsement of D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by the most recent school of thought in …
Why Marriage?, Martha Albertson Fineman
Why Marriage?, Martha Albertson Fineman
Faculty Articles
Reflection on the prospect of varied, individualized possibilities for the meaning of marriage suggests, that in order to answer the question "why marriage?" we must first consider "what marriage?" or more succinctly, "what is marriage?" Questioning what marriage actually is calls attention to the institution's individualized and malleable nature. By contrast, a focus on "why marriage" highlights the societal function and rationale for the institution. I will discuss each question-the "what" as well as the "why" of marriage.