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2003

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Institution
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Articles 1 - 30 of 269

Full-Text Articles in Law

Beware Of Lawyers Bearing Ggifts: A Critical Evaluation Of The Report Of Wg Ii To The European Convention On Incorporation Of The Eu Charter Of Fundamental Rights And Accession To The European Convention Of Human Rights., Stephen Carruthers Nov 2003

Beware Of Lawyers Bearing Ggifts: A Critical Evaluation Of The Report Of Wg Ii To The European Convention On Incorporation Of The Eu Charter Of Fundamental Rights And Accession To The European Convention Of Human Rights., Stephen Carruthers

Articles

This article undertakes a critical analysis of the fundamental rights provisions of the draft Treaty establishing a Constitution for Europe as presented to the President of the European Council in Rome on 18 July 2003, and in particular the Articles in Parts I and II of the draft Constitution incorporating proposals made in the final Report of Working Group II on “Incorporation of the Charter/Accession to the ECHR”.


Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes Oct 2003

Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes

Articles

No abstract provided.


Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens Oct 2003

Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens

Articles

No abstract provided.


The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson Oct 2003

The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson

Articles

No abstract provided.


An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles Oct 2003

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles

Articles

No abstract provided.


Who Pays For Progress?: Accident Law In Florida, 1845-1886, James L. Hunt Oct 2003

Who Pays For Progress?: Accident Law In Florida, 1845-1886, James L. Hunt

Articles

No abstract provided.


Border Patrol, Carl E. Schneider Jul 2003

Border Patrol, Carl E. Schneider

Articles

Recently, the Supreme Court has encountered cases that concern perhaps our weightiest bioethical issue-how medical care is to be rationed. But this does not mean that the Court must therefore assess the justice of rationing, as many people incited by many journalists now fondly and firmly believe. In explaining why, we begin with a story about how Learned Hand remembered saying one day to Justice Holmes, "Well, sir, goodbye. Do justice!" Holmes turned quite sharply and said: "That is not my job. My job is to play the game according to the rules." If the Court doesn't do justice, what …


Building A Home For The Laws Of The World: Part 1: Bates, Cook, And Coffey, Margaret A. Leary Jun 2003

Building A Home For The Laws Of The World: Part 1: Bates, Cook, And Coffey, Margaret A. Leary

Articles

The following feature is an edited version of "Building a Foreign Law Collection at the University of Michigan Law Library, 1910-1960."© Margaret A. Leary, 2002, which originally appeared at 94 Law Library Journal 395-425 (2002), and appears here with permission of the author. The first part of the article appears here; the conclusion will appear in the next issue of Law Quadrangle Notes.


Just Do It!: Title Ix As A Threat To University Autonomy, Richard A. Epstein May 2003

Just Do It!: Title Ix As A Threat To University Autonomy, Richard A. Epstein

Articles

No abstract provided.


Enron At The Margin, William H. Widen May 2003

Enron At The Margin, William H. Widen

Articles

No abstract provided.


Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky Apr 2003

Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky

Articles

The failure of the 107th Congress to pass a "Patients' Bill of Rights" (PBR) is widely considered a major disappointment, to be remedied in the 108th Congress by the adoption of such legislation. Indeed, federal PBR proposals have achieved the proverbial motherhood-and-apple-pie status; it is virtually impossible to find anyone actively opposing a federal PBR. Many members of the 108th Congress likely feel pressure to pass PBR legislation before returning to the electorate in 2004.

I advance a contrary perspective: A federal PBR is an idea whose time is past or, to be precise, is an idea whose rationales are …


The Internet And The Persistence Of Law, Justin Hughes Mar 2003

The Internet And The Persistence Of Law, Justin Hughes

Articles

Since legal commentators first confronted cyberspace, three broad stories have emerged to describe the interrelation of law and the Internet: the "no-law Internet," the "Internet as a separate jurisdiction," and Internet law as "translation" of familiar legal concepts. This Article reviews these stories, focusing on how ongoing "translation" is giving way to a growing convergence in Internet law. The Article makes the case for convergence among legal responses to cyberspace and proposes a basic taxonomy for different models of convergence. With this taxonomy, the Article examines the ways in which convergence is occurring, as well as its effects on both …


Fair Use Across Time, Justin Hughes Feb 2003

Fair Use Across Time, Justin Hughes

Articles

This Article proposes that, as a copyright work ages, the scope of fair use, especially as to derivative works and uses, should expand. This is because the "market" for a copyrighted work has a temporal dimension; the copyrighted work has a market of a fixed number of years. In considering the fourth element of § 107 fair use, courts have discussed two kinds of situations in which the market for a plaintiff's work can be adversely affected: (1) situations where a particular defendant's action adversely affected the plaintiffs market, and (2) situations where the defendant's action, if it became "widespread," …


The Least Restrictive Means, Alan O. Sykes Jan 2003

The Least Restrictive Means, Alan O. Sykes

Articles

No abstract provided.


Indirect Liability For Copyright Infringement: An Economic Perspective, William M. Landes, Douglas Gary Lichtman Jan 2003

Indirect Liability For Copyright Infringement: An Economic Perspective, William M. Landes, Douglas Gary Lichtman

Articles

No abstract provided.


Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz Jan 2003

Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz

Articles

No abstract provided.


Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner Jan 2003

Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner

Articles

No abstract provided.


Exclusionary Amenities In Residential Communities, Lior Strahilevitz Jan 2003

Exclusionary Amenities In Residential Communities, Lior Strahilevitz

Articles

No abstract provided.


Naturalized Epistemology And The Law Of Evidence: Reply To Redmayne, Ronald J. Allen, Brian Leiter Jan 2003

Naturalized Epistemology And The Law Of Evidence: Reply To Redmayne, Ronald J. Allen, Brian Leiter

Articles

No abstract provided.


Should Legal Rules Be Used To Redistribute Income?, David A. Weisbach Jan 2003

Should Legal Rules Be Used To Redistribute Income?, David A. Weisbach

Articles

No abstract provided.


Class Actions: Aggregation, Amplification, And Distortion, Richard A. Epstein Jan 2003

Class Actions: Aggregation, Amplification, And Distortion, Richard A. Epstein

Articles

No abstract provided.


Are Plain Hamburgers Now Unconstitutional? - The Equal Protection Component Of Bush V. Gore As A Chapter In The History Of Ideas About Law, Mary Anne Case Jan 2003

Are Plain Hamburgers Now Unconstitutional? - The Equal Protection Component Of Bush V. Gore As A Chapter In The History Of Ideas About Law, Mary Anne Case

Articles

No abstract provided.


Beware Of Legal Transitions: A Presumptive Vote For The Reliance Interest, Richard A. Epstein Jan 2003

Beware Of Legal Transitions: A Presumptive Vote For The Reliance Interest, Richard A. Epstein

Articles

No abstract provided.


Two Cheers For Judicial Restraint: Justice White And The Role Of The Supreme Court Justice White And The Exercise Of Judicial Power, Dennis J. Hutchinson Jan 2003

Two Cheers For Judicial Restraint: Justice White And The Role Of The Supreme Court Justice White And The Exercise Of Judicial Power, Dennis J. Hutchinson

Articles

No abstract provided.


Property's Uneasy Path And Expanding Future, Saul Levmore Jan 2003

Property's Uneasy Path And Expanding Future, Saul Levmore

Articles

No abstract provided.


Economic Analysis Of Contract Law After Three Decades: Success Or Failure?, Eric A. Posner Jan 2003

Economic Analysis Of Contract Law After Three Decades: Success Or Failure?, Eric A. Posner

Articles

No abstract provided.


Transitional Justice As Ordinary Justice, Eric A. Posner, Adrian Vermeule Jan 2003

Transitional Justice As Ordinary Justice, Eric A. Posner, Adrian Vermeule

Articles

No abstract provided.


Reparations For Slavery And Other Historical Injustices, Eric A. Posner, Adrian Vermeule Jan 2003

Reparations For Slavery And Other Historical Injustices, Eric A. Posner, Adrian Vermeule

Articles

Victims of historical injustices who have no positive law claim against wrongdoers often seek reparations from governments, and occasionally they obtain them. The best known reparations programs are those for Japanese Americans who were interned by the United States government during World War II, and for victims of the Nazi Holocaust. But there are several other less well known programs both in the United States and abroad, and there are countless proposals for new reparations programs, including a proposal for slave reparations in the United States. The moral and political arguments for and against reparations in diverse contexts have received …


International Agreements: A Rational Choice Approach, Eric A. Posner, Jack L. Goldsmith Jan 2003

International Agreements: A Rational Choice Approach, Eric A. Posner, Jack L. Goldsmith

Articles

No abstract provided.


Judge Learned Hand And The Espionage Act Of 1917: A Mystery Unraveled, Geoffrey R. Stone Jan 2003

Judge Learned Hand And The Espionage Act Of 1917: A Mystery Unraveled, Geoffrey R. Stone

Articles

No abstract provided.