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Articles 31 - 41 of 41
Full-Text Articles in Law
Book Review. Gostin On Public Health Law, David P. Fidler
Book Review. Gostin On Public Health Law, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Articles by Maurer Faculty
This article examines the permanence of the U.S. Supreme Court's retreat to the peripheries of patent law after the creation of the Federal Circuit, and explores the roles that the Supreme Court might imagine for itself in contemporary patent law. For discussion purposes, the article describes two hypothetical models for Supreme Court decisionmaking in patent cases: an aggressive interventionist model and an extreme non-interventionist model. After considering the shortcomings of both models, the article proposes an intermediate, managerial model. The managerial model rejects the proposition that the Court should intervene in patent cases to correct perceived substantive errors in Federal …
Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman
Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
The Return Of The Standard Of Civilization, David P. Fidler
The Return Of The Standard Of Civilization, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer
The Uncertain Future Of Fair Use In A Global Information Marketplace, Marshall Leaffer
Articles by Maurer Faculty
The author of this article forecasts an increasingly troubled future, if not the demise of the doctrine of fair use in copyright law. Legal developments, both at home and abroad, driven by technological change, and the push toward the international harmonization of legal norms, threaten the very survival of fair use. Given these realities the doctrine will, of necessity, be reconceptualized Although fair use values will always be inscribed in copyright law, these values will have their practical manifestation in decentralized form, and effectuated, in large part, through industry agreement. They will exist in conjunction with certain bright line exceptions …
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Articles by Maurer Faculty
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
Conflicts Empiricism, Gene R. Shreve
Are There Procedural Deficiencies In Tax Fraud Cases? A Reply To Professor Schoenfeld, Leandra Lederman
Are There Procedural Deficiencies In Tax Fraud Cases? A Reply To Professor Schoenfeld, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Equity And The Article I Court: Is The Tax Court's Exercise Of Equitable Powers Constitutional?, Leandra Lederman
Equity And The Article I Court: Is The Tax Court's Exercise Of Equitable Powers Constitutional?, Leandra Lederman
Articles by Maurer Faculty
Article I courts are the other federal courts, infrequently studied despite their important role in the judiciary. This article focuses on the United States Tax Court, an Article I court that hears approximately 95 percent of litigated federal tax cases. The article argues that the Tax Court's current tendency to apply equitable doctrines when necessary to avoid harsh outcomes dictated by statute lacks constitutional authority. First, the article examines the role of Article I courts in the federal judicial system and under the Constitution. Next, it considers the historical and modern meanings of equity and equitable powers in the context …
Hard Cases For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Hard Cases For Autonomy, Respect, And Professionalism In Medical Genetics, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Law And The "Other": Karl N. Llewellyn, Cultural Anthropology, And The Legacy Of The Cheyenne Way, Ajay K. Mehrotra
Law And The "Other": Karl N. Llewellyn, Cultural Anthropology, And The Legacy Of The Cheyenne Way, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.