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Full-Text Articles in Law

Politics By Number: Indicators As Social Pressure In International Relations, Judith Kelley, Beth A. Simmons Jan 2015

Politics By Number: Indicators As Social Pressure In International Relations, Judith Kelley, Beth A. Simmons

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The ability to monitor state behavior has become a critical tool of international governance. Systematic monitoring allows for the creation of numerical indicators that can be used to rank, compare and essentially censure states. This article argues that the ability to disseminate such numerical indicators widely and instantly constitutes an exercise of social power, with the potential to change important policy outputs. It explores this argument in the context of the United States’ efforts to combat trafficking in persons and find evidence that monitoring has important effects: countries are more likely to criminalize human trafficking when they are included in …


Making Judge-Speak Clear Amidst The Babel Of Lawspeakers, Michael A. Wolff Jan 2014

Making Judge-Speak Clear Amidst The Babel Of Lawspeakers, Michael A. Wolff

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This article was prepared as a lecture for the Missouri Law Review 2014 Symposium entitled "The Art, Craft, and Future of Legal Journalism: A Tribute to Anthony Lewis."


The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh Jun 2012

The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh

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This is a follow-up piece to Professor Balganesh's 'Hot News': The Enduring Myth of Property in News, 111 COLUM. L. REV. 419 (2011), based on the Second Circuit's decision in Barclays Capital Inc. v. Theflyonthewall.com, 650 F.3d 876 (2d Cir. 2011).


"Hot News": The Enduring Myth Of Property In News, Shyamkrishna Balganesh Jan 2011

"Hot News": The Enduring Myth Of Property In News, Shyamkrishna Balganesh

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No abstract provided.


The Social Costs Of Property Rights In Broadcast (And Cable) Signals, Shyamkrishna Balganesh Jan 2008

The Social Costs Of Property Rights In Broadcast (And Cable) Signals, Shyamkrishna Balganesh

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No abstract provided.


The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker Jan 2007

The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker

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The paper argues that only the assumption that the Press Clause has a meaning independent of the Speech Clause could explain either different First Amendment treatment of individuals and the press or different First Amendment treatment of the press and other businesses. Suggesting an interpretation of the Press Clause as protecting the institutional integrity of the Fourth Estate, it then examines fifteen areas of law and finds that in each area the press receives different treatment – precisely the different treatment that the Fourth Estate theory predicts. Moreover, no area of law is found to be inconsistent with this independent …


Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh Jan 2004

Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh

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Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …


Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider Jan 2003

Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider

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No abstract provided.


The Power Of Private Facts, Anita L. Allen Jan 1991

The Power Of Private Facts, Anita L. Allen

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No abstract provided.