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Articles 121 - 150 of 209
Full-Text Articles in Law
How Copyleft Uses License Rights To Succeed In The Open Source Software Revolution And The Implications For Article 2b, Robert W. Gomulkiewicz
How Copyleft Uses License Rights To Succeed In The Open Source Software Revolution And The Implications For Article 2b, Robert W. Gomulkiewicz
Articles
The computer industry moves from one “next great thing” to the next “next great thing” with amazing speed. Graphical user interface, object-oriented programming, client-server computing, multimedia software, Java applets, the network computer, and the Internet have all been hailed as technological breakthroughs at one time or another. Some of these promising developments fizzle, some evolve and succeed slowly, and some revolutionize the industry overnight.
Led by a group of software developers known as “hackers,” the latest “next great thing” is “open source” software. The word “source” refers to software in source code form. Source code is the collection of instructions …
Legal Writing Scholarship: Point/Counterpoint, Jan M. Levine, Grace C. Tonner
Legal Writing Scholarship: Point/Counterpoint, Jan M. Levine, Grace C. Tonner
Articles
Perhaps because the field of legal writing has now matured enough so that we professors constitute a critical mass of experienced teachers and scholars, we find ourselves frequently embroiled in debates about legal writing scholarship. What is it? Can we do it? Should we do it? Should it be considered part and parcel of our responsibilities as members of the law school world? To help us better present our shared view that legal writing professors not only can but should produce scholarship, we sought first to take on the role of devil’s advocate, presenting all the rationales we have heard …
Economics V. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?, Stephen M. Johnson
Economics V. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?, Stephen M. Johnson
Articles
For almost three decades, the federal government and state governments have addressed environmental problems primarily through "command and control" regulation. Under this traditional approach, the federal government establishes uniform national pollution limits ("command") that the federal or state governments impose on individual polluters through a system of permits or other controls. However, as the command and control approach has eliminated many of the most prolific sources of pollution, the incremental cost of cleaning up the remaining pollution has risen dramatically, and command and control regulation has become politically less attractive. In addition, command and control regulation may be too rigid …
On Generalizations I: A Preliminary Exploration, Terence J. Anderson
On Generalizations I: A Preliminary Exploration, Terence J. Anderson
Articles
No abstract provided.
Whither Brazil: Mercosul And The Devaluation Crisis, Keith S. Rosenn
Whither Brazil: Mercosul And The Devaluation Crisis, Keith S. Rosenn
Articles
No abstract provided.
Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker
Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker
Articles
In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as Peacemaking ignore domestic hierarchies of power and thus facilitate the batterer's ongoing violence against the victim. Those who endorse the use of Navajo Peacemaking and other systems of restorative justice believe that such processes are better equipped to cut through the batterer's denial and victim blaming and are more likely to …
The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin
The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin
Articles
No abstract provided.
Of Governments And Governance, A. Michael Froomkin
Of Governments And Governance, A. Michael Froomkin
Articles
The Magaziner Report focuses on achieving short-term goals without giving sufficient consideration to long-term consequences affecting the structure of Internet governance and democracy in general. This overly pragmatic approach creates a paradoxical climate: overly-friendly to government intervention (in e-commerce regulation) while also overly willing to defer to privatized governance structures (in other areas). As the recent World Intellectual Property Organization ("WIPO") domain name/trademark process demonstrates, certain Internet governance processes raise several questions, not least discerning whether such processes include adequate notice and consultation. More traditional democratic processes, such as legislation and regulation, have routinized means of giving affected parties notice …
Sub-Regional, Regional And International Co-Operation In Responding To And Deterring Transboundary Marine Pollution, Bernard H. Oxman
Sub-Regional, Regional And International Co-Operation In Responding To And Deterring Transboundary Marine Pollution, Bernard H. Oxman
Articles
No abstract provided.
Finding Internet Sites On Elder Issues: Health And Human Services, Robin Schard
Finding Internet Sites On Elder Issues: Health And Human Services, Robin Schard
Articles
No abstract provided.
Legal Research Tools: In Search Of The Best Format, Robin Schard
Legal Research Tools: In Search Of The Best Format, Robin Schard
Articles
No abstract provided.
Comparative Corporate Governance And The Theory Of The Firm: The Case Against Global Cross Reference, William Wilson Bratton, Joseph K. Mccahery
Comparative Corporate Governance And The Theory Of The Firm: The Case Against Global Cross Reference, William Wilson Bratton, Joseph K. Mccahery
Articles
Professors Bratton and McCahery take up the main questions addressed by the literature on comparative corporate governance: whether national governance systems can be expected to converge in the near future, and whether the focal point of that convergence will be a new, hybrid governance system comprised of the best practices drawn from different systems. This Article advances the view that neither global convergence that eliminates systemic differences nor the emergence of a hybrid best practice safely can be projected because each national governance system is a system to a significant extent. Each system, rather than consisting of a loose collection …
Urban Growth: A Global Challenge, Janet Stearns
Search Tools: Skills And Strategies, Robin Schard
A Tribute To James B. Boskey, Lela P. Love
Review: Murphy's Law, Arthur Jacobson
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
Articles
No abstract provided.
Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price
Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price
Articles
No abstract provided.
Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine
Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine
Articles
No abstract provided.
The Tobacco Litigation And Attorney's Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
The Tobacco Litigation And Attorney's Fees, Daniel J. Capra, Lester Brickman, Michael Ciresi, Barbara S. Gillers, Robert Montgomery
Articles
No abstract provided.
The Midas Touch: The Lethal Effect Of Wealth Maximization, Jeanne L. Schroeder
The Midas Touch: The Lethal Effect Of Wealth Maximization, Jeanne L. Schroeder
Articles
No abstract provided.
Getting To Nafta: A Review Of Interpreting Nafta By Frederick W. Mayer, Andrea Kupfer Schneider
Getting To Nafta: A Review Of Interpreting Nafta By Frederick W. Mayer, Andrea Kupfer Schneider
Articles
No abstract provided.
Mine Disaster Threatens Spain's Donana National Park, Jerrold A. Long
Mine Disaster Threatens Spain's Donana National Park, Jerrold A. Long
Articles
No abstract provided.
Professionalism: Restoring The Flame, Donald L. Burnett Jr.
Professionalism: Restoring The Flame, Donald L. Burnett Jr.
Articles
No abstract provided.
Professionalism: Restoring The Flame, Donald L. Burnett Jr.
Professionalism: Restoring The Flame, Donald L. Burnett Jr.
Articles
No abstract provided.
Ninth Circuit Praises Work Of Appellate Clinic Interns, Maureen Laflin
Ninth Circuit Praises Work Of Appellate Clinic Interns, Maureen Laflin
Articles
No abstract provided.
Courthouse Assistance Offices, Patrick D. Costello
Forfeiture Procedure In Federal Court: An Overview, David Pimentel
Forfeiture Procedure In Federal Court: An Overview, David Pimentel
Articles
No abstract provided.
Operatic Hermeneutics: Harmony, Euphantasy, And Law In Rossini’S Semiramis, Peter Goodrich
Operatic Hermeneutics: Harmony, Euphantasy, And Law In Rossini’S Semiramis, Peter Goodrich
Articles
No abstract provided.
Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson
Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson
Articles
In his last dialogue, the Laws, Plato views citizens in the polis as players in a game. Just as contemporary game theory, Plato considers games to be states of strategic interaction. Yet the game of the Laws differs from those of game theory in one important respect. Where game theory assumes that players are rational--that they choose strategies, or rules for taking action at each instant of a game, in order to maximize payoffs--Plato explores the conditions under which rationality, as game theory defines it, is possible.
Plato thus agrees with game theory that rational, maximizing behavior is a necessary …