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Articles 1 - 28 of 28
Full-Text Articles in Law
A State Law Approach To Preserving Fair Use In Academic Libraries, David Hansen
A State Law Approach To Preserving Fair Use In Academic Libraries, David Hansen
Faculty Publications
Every year academic libraries spend millions of dollars to provide their users access to copyrighted works. Much of that money goes not toward purchasing physical copies of books or journals, but toward licensing electronic content from publishers. In those electronic license agreements, the default rules for how users interact with copyrighted content is often altered, and academic library users are deprived of basic rights—especially rights such as fair use—which are granted under federal copyright law. The literature is flush with discussion of the misuse of private contracts to alter the rights granted by Congress in copyright’s statutory scheme. As a …
Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David Hansen
Protection Of Traditional Knowledge: Trade Barriers And The Public Domain, David Hansen
Faculty Publications
In recent years, developing nations have pushed for international copyright and other intellectual property regimes to expand protection over the cultural heritage and collective knowledge of particular indigenous groups. These “traditional knowledge” protections have been justified by factors like economic protection, equity in intellectual property ownership, cultural protection, and economic development. These motivating factors are a far cry from the underpinnings of traditional Western intellectual property law—and in particular, U.S. copyright law—which focuses on incentivizing the creation of new content for the promotion of “the Progress of Science and useful Arts.” Because of these differing justifications, traditional knowledge protections at …
Gene Probes As Unpatentable Printed Matter, Andrew Chin
Gene Probes As Unpatentable Printed Matter, Andrew Chin
Faculty Publications
In this Article, I argue that the most problematic kind of gene patents — those claiming short DNA molecules used to probe for longer gene sequences — should be held invalid as directed to unpatentable printed matter. This argument, which emerges from recent developments in biotechnology and information technology, is grounded in the printed matter doctrine’s structural role of obviating patentability inquiries directed to inapposite information-management considerations. Where the inventive contribution in a claimed gene probe subsists solely in stored sequence information, these inapposite considerations lead the novelty and nonobviousness analyses to anomalous results that the printed matter doctrine was …
In Or Out Of Mortgage Trouble? A Study Of Bankrupt Homeowners, Melissa B. Jacoby, Daniel T. Mccue, Eric M. Belsky
In Or Out Of Mortgage Trouble? A Study Of Bankrupt Homeowners, Melissa B. Jacoby, Daniel T. Mccue, Eric M. Belsky
Faculty Publications
No abstract provided.
Wait! That's Not What We Meant By Civil Society!: Questioning The Ngo Orthodoxy In West Africa, Thomas A. Kelley Iii
Wait! That's Not What We Meant By Civil Society!: Questioning The Ngo Orthodoxy In West Africa, Thomas A. Kelley Iii
Faculty Publications
No abstract provided.
The Effects Of Legally Recognizing Same-Sex Unions On Health And Well-Being, Holning S. Lau, Charles Q. Strohm
The Effects Of Legally Recognizing Same-Sex Unions On Health And Well-Being, Holning S. Lau, Charles Q. Strohm
Faculty Publications
No abstract provided.
Grounding Conversations On Sexuality And Asian Law, Holning S. Lau
Grounding Conversations On Sexuality And Asian Law, Holning S. Lau
Faculty Publications
No abstract provided.
Progressive Constitutionalism, Originalism, And The Significance Of Landmark Decisions In Evaluating Constitutional Theory, William P. Marshall
Progressive Constitutionalism, Originalism, And The Significance Of Landmark Decisions In Evaluating Constitutional Theory, William P. Marshall
Faculty Publications
No abstract provided.
Towards An Understanding Of Litigation As Expression: Lessons From Guantánamo, Kathryn A. Sabbeth
Towards An Understanding Of Litigation As Expression: Lessons From Guantánamo, Kathryn A. Sabbeth
Faculty Publications
No abstract provided.
Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia James
Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia James
Faculty Publications
No abstract provided.
When To Research Is To Reveal: The Growing Threat To Attorney And Client Confidentiality From Online Tracking, Anne Klinefelter
When To Research Is To Reveal: The Growing Threat To Attorney And Client Confidentiality From Online Tracking, Anne Klinefelter
Faculty Publications
No abstract provided.
Law Library Budgets In Hard Times, Taylor Fitchett, James Hambleton, Penny Hazelton, Anne Klinefelter, Judith Wright
Law Library Budgets In Hard Times, Taylor Fitchett, James Hambleton, Penny Hazelton, Anne Klinefelter, Judith Wright
Faculty Publications
No abstract provided.
Supergeneric Collateral Descriptions In Financing Statements And Notice Filing, Lissa Lamkin Broome
Supergeneric Collateral Descriptions In Financing Statements And Notice Filing, Lissa Lamkin Broome
Faculty Publications
No abstract provided.
Leveling Localism And Racial Inequality Through The No Child Left Behind Public Choice Provision, Erika K. Wilson
Leveling Localism And Racial Inequality Through The No Child Left Behind Public Choice Provision, Erika K. Wilson
Faculty Publications
While much attention is paid to issues of segregation and inequality in education, little attention is paid to the role that school district boundary lines play in creating segregation and inequality in education. Living on one side of a school district boundary line rather than another can mean the difference between being able to attend a high achieving resource enriched school or having to attend a low achieving, resource deprived school. Nevertheless, the federal judiciary--the institution looked upon to remedy issues of school segregation and inequality--is unable to adequately remedy segregation and inequality between school districts because it evidences a …
Health Care Reform's Wild Card: The Uncertain Effectiveness Of Comparative Effectiveness Research, Richard S. Saver
Health Care Reform's Wild Card: The Uncertain Effectiveness Of Comparative Effectiveness Research, Richard S. Saver
Faculty Publications
No abstract provided.
The Legal Infrastructure Of Ex Post Consumer Debtor Protections, Melissa B. Jacoby
The Legal Infrastructure Of Ex Post Consumer Debtor Protections, Melissa B. Jacoby
Faculty Publications
No abstract provided.
Wages, Work, Privilege, And Legal Education, Gene R. Nichol
Wages, Work, Privilege, And Legal Education, Gene R. Nichol
Faculty Publications
No abstract provided.
Does Critical Mass Matter? Views From The Boardroom, Lissa Lamkin Broome, John M. Conley, Kimberly D. Krawiec
Does Critical Mass Matter? Views From The Boardroom, Lissa Lamkin Broome, John M. Conley, Kimberly D. Krawiec
Faculty Publications
No abstract provided.
Elections Matter, Michael J. Gerhardt
Copyright Publication: An Empirical Study, Deborah R. Gerhardt
Copyright Publication: An Empirical Study, Deborah R. Gerhardt
Faculty Publications
No abstract provided.
Board Diversity And Proxy Disclosure, Thomas Lee Hazen, Lissa Lamkin Broome
Board Diversity And Proxy Disclosure, Thomas Lee Hazen, Lissa Lamkin Broome
Faculty Publications
No abstract provided.
Communication Breakdown: Reviving The Role Of Discourse In The Regulation Of Employee Collective Action, Jeffrey M. Hirsch
Communication Breakdown: Reviving The Role Of Discourse In The Regulation Of Employee Collective Action, Jeffrey M. Hirsch
Faculty Publications
No abstract provided.
The Case Against A Strict Liability Economic Substance Penalty, Kathleen Delaney Thomas
The Case Against A Strict Liability Economic Substance Penalty, Kathleen Delaney Thomas
Faculty Publications
No abstract provided.
Trumping Politics: The Roberts Court And "Judicial Review", Gene Nichol
Trumping Politics: The Roberts Court And "Judicial Review", Gene Nichol
Faculty Publications
No abstract provided.
Plain Meaning In The Law Of Property: A Socratic Dialogue, John V. Orth
Plain Meaning In The Law Of Property: A Socratic Dialogue, John V. Orth
Faculty Publications
No abstract provided.
The Rights And Liberties Of The Palau Constitution, Kevin Bennardo
The Rights And Liberties Of The Palau Constitution, Kevin Bennardo
Faculty Publications
No abstract provided.
Smith, Christian Legal Society, And Speech-Based Claims For Religious Exemptions From Neutral Laws Of General Applicability, William P. Marshall
Smith, Christian Legal Society, And Speech-Based Claims For Religious Exemptions From Neutral Laws Of General Applicability, William P. Marshall
Faculty Publications
No abstract provided.
Judicial Takings, Judicial Speech, And Doctrinal Acceptance Of The Model Of The Judge As Political Actor, William P. Marshall
Judicial Takings, Judicial Speech, And Doctrinal Acceptance Of The Model Of The Judge As Political Actor, William P. Marshall
Faculty Publications
No abstract provided.