Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (1733)
- Criminal Law (1138)
- International Law (1018)
- Intellectual Property Law (1014)
- Business Organizations Law (943)
-
- Health Law and Policy (940)
- Civil Rights and Discrimination (933)
- Law and Economics (836)
- Environmental Law (717)
- Banking and Finance Law (714)
- Social and Behavioral Sciences (676)
- Law and Society (664)
- Courts (628)
- Criminal Procedure (623)
- Legal Education (615)
- Law and Gender (599)
- Law and Race (580)
- Other Law (580)
- Securities Law (536)
- Contracts (494)
- Administrative Law (492)
- Family Law (490)
- Comparative and Foreign Law (481)
- Law and Politics (481)
- Legal History (469)
- Tax Law (438)
- Legal Profession (431)
- Labor and Employment Law (423)
- Torts (420)
- Institution
-
- Columbia Law School (3751)
- Duke Law (3419)
- Boston University School of Law (2710)
- Brooklyn Law School (1469)
- Texas A&M University School of Law (1389)
-
- University of Maryland Francis King Carey School of Law (1263)
- Fordham Law School (1223)
- UC Law SF (944)
- University of New Mexico (885)
- Mitchell Hamline School of Law (494)
- California Western School of Law (370)
- Western New England University School of Law (313)
- Nova Southeastern University (289)
- University of Arkansas at Little Rock William H. Bowen School of Law (281)
- Barry University School of Law (243)
- Brigham Young University Law School (182)
- University of Louisville (44)
- University of San Diego (22)
- Lindenwood University (2)
- Colby College (1)
- Keyword
-
- Constitutional law (424)
- SSRN (400)
- Columbia Law Review (260)
- Law (247)
- International law (235)
-
- Intellectual property (210)
- Criminal law (196)
- Supreme Court (194)
- Copyright (191)
- Corporate governance (190)
- Civil rights (187)
- Race (182)
- Privacy (174)
- United States (170)
- Legal education (164)
- Courts (162)
- Human rights (159)
- Discrimination (158)
- Constitution (144)
- Climate change (135)
- Regulation (127)
- Administrative law (125)
- Contracts (125)
- Judicial review (120)
- First Amendment (114)
- Jurisprudence (114)
- Empirical (113)
- Federalism (111)
- Federal government (110)
- Copyright law (108)
- Publication Year
- File Type
Articles 2821 - 2850 of 19294
Full-Text Articles in Law
Techno-Policing, I. Bennett Capers
Participatory Defense: Humanizing The Accused And Ceding Control To The Client, Cynthia Godsoe
Participatory Defense: Humanizing The Accused And Ceding Control To The Client, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
If It's Tuesday, This Must Be Procreation: Methodology And Subject-Matter In Fourteenth Amendment Pedagogy, William Araiza
If It's Tuesday, This Must Be Procreation: Methodology And Subject-Matter In Fourteenth Amendment Pedagogy, William Araiza
Faculty Scholarship
No abstract provided.
Not-So-Smart Blockchain Contracts And Artificial Responsibility, Adam J. Kolber
Not-So-Smart Blockchain Contracts And Artificial Responsibility, Adam J. Kolber
Faculty Scholarship
No abstract provided.
Combating Discrimination Against The Formerly Incarcerated In The Labor Market, Angela Onwuachi-Willig, Ifeoma Ajunwa
Combating Discrimination Against The Formerly Incarcerated In The Labor Market, Angela Onwuachi-Willig, Ifeoma Ajunwa
Faculty Scholarship
Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements — which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior …
A Half-Century Of Scholarship On The Chinese Intellectual Property System, Peter K. Yu
A Half-Century Of Scholarship On The Chinese Intellectual Property System, Peter K. Yu
Faculty Scholarship
The first modern Chinese intellectual property law was established in August 1982, offering protection to trademarks. Since then, China adopted the Patent Law in 1984, the Copyright Law in 1990 and the Anti-Unfair Competition Law in 1993. In December 2001, China became a member of the World Trade Organization, assuming obligations under the TRIPS Agreement. In the past decade, the country has also actively participated in the negotiation of bilateral, regional and plurilateral trade agreements, including most notably the Regional Comprehensive Economic Partnership.
Today, the Chinese intellectual property system has garnered considerable global policy and scholarly attention. To help develop …
Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett
Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett
Faculty Scholarship
What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.
In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on …
Brief For Professors, Lamar, Archer & Cofrin, Llp V. R. Scott Appling As Amicus Curiae, Laura Spitz
Brief For Professors, Lamar, Archer & Cofrin, Llp V. R. Scott Appling As Amicus Curiae, Laura Spitz
Faculty Scholarship
This brief is concerned with the Petitioner’s misinterpretation of §523(a)(2) of the United States Bankruptcy Code, 11 U.S.C. §101, et seq., which wrongly maintains that a false oral statement describing a single asset gives rise to a non-dischargeable debt. This brief shows Congress understood that §523(a)(2) simply re-enacted statutory language already having a completely settled understanding that a statement about a single asset was a “statement respecting financial condition” which must be in writing in order to give rise to a nondischargeable debt. This brief also submits that even if, arguendo, Petitioner were correct that a statement respecting financial condition …
Brief For Southwest Indian Law Clinic As Amici Curiae, United States V. Smith, Verónica C. Gonzales-Zamora, Barbara L. Creel
Brief For Southwest Indian Law Clinic As Amici Curiae, United States V. Smith, Verónica C. Gonzales-Zamora, Barbara L. Creel
Faculty Scholarship
Prior cases, have assumed, without analysis that the ACA applies to Indian Country. This review of the ACA failed to consider and incorporate clearly established Indian law principles and foundational tenets of criminal law in the analysis of its applicability to Indians and Indian Country. Most importantly, the precedent and the Court below failed to understand the racial component involved in the analysis. These failures to understand the principles of Indian law and criminal law, have rendered haphazard and incoherent decisions.
Amici seek to bring clarity to the complex jurisdictional interplay and provide a practical framework for the proper analysis …
Using Empirical Studies As A Basis For Updating Intestacy Laws, Sergio Pareja
Using Empirical Studies As A Basis For Updating Intestacy Laws, Sergio Pareja
Faculty Scholarship
The principal goal of any intestacy statute is to determine the probable intent of individuals who die without a will. Professor Wright and Ms. Sterner analyze 493 wills that were probated in Escambia and Alachua Counties, Florida, in 2013. This blog post reviews their study as well as Wright and Sterner's final analysis. Pareja adds, new statutes, if properly considered, should pay attention to gender, race, and class differences that surfaced in the authors’ study
Zappers, Phantomware And Other Sales Suppression Software In The State Of Washington, Richard Thompson Ainsworth, Robert Chicoine
Zappers, Phantomware And Other Sales Suppression Software In The State Of Washington, Richard Thompson Ainsworth, Robert Chicoine
Faculty Scholarship
Electronic sales suppression (ESS) is a fraud that has been a (prominent) feature of the North American retail business since at least 1996. The first EES case in the US dates from 1981. ESS is a global problem. Depending on the jurisdiction, and the research study consulted, ESS is estimated to be present in 34% (of Canadian), 50% (of German – two studies), and 70% (of Swedish and Slovenian) businesses. It may be the case today, that “you cannot leave home without” encountering (or participating in) ESS.
The most common types of sales suppression technology are Zappers and Phantomware programming. …
Searchlight New Mexico Interviews Maryam Ahranjani On The Prisonization Of America's Public Schools, Maryam Ahranjani, Sara Solovitch
Searchlight New Mexico Interviews Maryam Ahranjani On The Prisonization Of America's Public Schools, Maryam Ahranjani, Sara Solovitch
Faculty Scholarship
Maryam Ahranjani writes about personal experiences with mass school shootings in "The Prisonization of America's Public Schools," published in October 2017 in Hofstra Law Review. The article takes a critical stance against what Ahranjani terms the growing "criminal infrastructure" metal detectors, surveillance cameras and police officers within our nation's schools. Searchlight New Mexico asked Ahranjani what kind of national response makes sense in the wake of the Parkland mass shooting.
Basic (Non-Technical) Requirements – Electronic Monitoring Agreement For Zappers, Phantomware, And Other Sales Suppression Devices Appendix A, Richard Thompson Ainsworth, Robert Chicoine
Basic (Non-Technical) Requirements – Electronic Monitoring Agreement For Zappers, Phantomware, And Other Sales Suppression Devices Appendix A, Richard Thompson Ainsworth, Robert Chicoine
Faculty Scholarship
The State of Washington v. Wong, Wash. Super. Ct., No. 16-1-00179-0 is the State of Washington’s first judicially resolved case involving an automated sales suppression device. Months of negotiations led to a plea agreement and the State’s first electronic sales monitoring agreement (August 30, 2017). The taxpayer violated RCW 82.32.290 (4)(a) by knowingly possessing, and knowingly using a Zapper to suppress sales.
The penalties in this case were severe. Not only were all taxes, penalties, and interest lawfully due required to be paid, but as a Class C felony incarceration of up to 5 years, a $10,000 fine, or both …
Criminal Procedure And The Good Citizen, I. Bennett Capers
Criminal Procedure And The Good Citizen, I. Bennett Capers
Faculty Scholarship
No abstract provided.
Privacy, Press, And The Right To Be Forgotten In The United States, Amy Gajda
Privacy, Press, And The Right To Be Forgotten In The United States, Amy Gajda
Faculty Scholarship
No abstract provided.
Tracing Equity: Realizing And Allocating Value In Chapter 11, Edward J. Janger, Melissa B. Jacoby
Tracing Equity: Realizing And Allocating Value In Chapter 11, Edward J. Janger, Melissa B. Jacoby
Faculty Scholarship
No abstract provided.
Exposing Secret Searches: A First Amendment Right Of Access To Electronic Surveillance Orders, Hannah Bloch-Wehba
Exposing Secret Searches: A First Amendment Right Of Access To Electronic Surveillance Orders, Hannah Bloch-Wehba
Faculty Scholarship
Although, as a rule, court proceedings and judicial records are presumptively open to the public, electronic surveillance documents are exceptions. Like ordinary search warrants, surveillance applications are considered ex parte. But court orders frequently remain sealed indefinitely, even when there is no basis for continued secrecy. Indeed, secrecy — in the form of gag orders, local judicial rules, and even clerical filing and docketing practices — is built into the laws that regulate electronic surveillance.
This Article argues that this widespread secrecy violates the First Amendment right of access to court proceedings and documents. The history of search and seizure …
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Faculty Scholarship
Non-precedent decisions are the norm in federal appellate courts, and are seen by judges as a practical necessity given the size of their dockets. Yet the system has always been plagued by doubts. If only some decisions are designated to be precedents, questions arise about whether courts might be acting arbitrarily in other cases. Such doubts have been overcome in part because nominally unpublished decisions are available through standard legal research databases. This creates the appearance of transparency, mitigating concerns that courts may be acting arbitrarily. But what if this appearance is an illusion? This Article reports empirical data drawn …
Financial Regulation In The Bitcoin Era, William Magnuson
Financial Regulation In The Bitcoin Era, William Magnuson
Faculty Scholarship
The recent decade has witnessed an extraordinary degree of innovation in the financial sector. Developments in financial technology, computing power, and networking theory have allowed decentralized online platforms such as Bitcoin to fundamentally change the way that financial services are provided. While these innovations have been applauded by many as bringing a welcome degree of competition to a sector long dominated by powerful incumbents, they also create a set of challenges for current financial regulation. How do fiduciary standards apply to algorithms? How does online finance affect the behavior of investors? And more generally, how can regulators monitor and constrain …
Response To Bruce Frohnen’S Review Of Fidelity To Our Imperfect Constitution: For Moral Readings And Against Originalisms, James E. Fleming, Bruce P. Frohnen
Response To Bruce Frohnen’S Review Of Fidelity To Our Imperfect Constitution: For Moral Readings And Against Originalisms, James E. Fleming, Bruce P. Frohnen
Faculty Scholarship
It is a privilege to participate in this exchange with Bruce Frohnen concerning our books. In my Fidelity to Our Imperfect Constitution, I observe that in recent years, many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. I reject all forms of originalism and defend a moral reading of the United States Constitution. Such a conception views the Constitution as embodying abstract moral and political principles, not codifying concrete historical rules or practices. It sees interpretation of those principles as requiring normative judgments about how they are best understood, not merely historical research to …
"Fake News," No News, And The Needs Of Local Communities, Carol Pauli
"Fake News," No News, And The Needs Of Local Communities, Carol Pauli
Faculty Scholarship
The Quaker authors had in mind an ancient truth - that "love endures and overcomes" - and they were convinced that this truth is accessible to all. This article addresses truth at a more immediate and mundane level. It is concerned with the accurate information that local communities need in order to thrive.
The article proceeds in three steps. Part I reviews one way community needs were addressed when the first large-scale electronic communication technology entered individual homes in the form of radio and television. In those days, broadcasters had an affirmative duty to ascertain the problems of the communities …
Quick Decisions In Patent Cases, Paul Gugliuzza
Quick Decisions In Patent Cases, Paul Gugliuzza
Faculty Scholarship
Patent litigation is notoriously expensive and time consuming. In the past decade, however, patent law has changed in many ways that expedite resolution of infringement disputes. This article identifies and evaluates this trend toward quick decisions in patent cases. Balancing the savings in litigation costs against the potential for error, the article defends many recent and controversial developments, including the Supreme Court’s invigoration of the patent eligible subject matter requirement, the new administrative proceedings created by the America Invents Act, and changes in the requirements for pleading patent infringement. These developments permit defendants to obtain rulings of invalidity or noninfringement …
Risk And Anxiety: A Theory Of Data Breach Harms, Danielle K. Citron, Daniel Solove
Risk And Anxiety: A Theory Of Data Breach Harms, Danielle K. Citron, Daniel Solove
Faculty Scholarship
In lawsuits about data breaches, the issue of harm has confounded courts. Harm is central to whether plaintiffs have standing to sue in federal court and whether their claims are viable. Plaintiffs have argued that data breaches create a risk of future injury from identity theft or fraud and that breaches cause them to experience anxiety about this risk. Courts have been reaching wildly inconsistent conclusions on the issue of harm, with most courts dismissing data breach lawsuits for failure to allege harm. A sound and principled approach to harm has yet to emerge, resulting in a lack of consensus …
The New Health Care Federalism On The Ground, Nicole Huberfeld, Abbe Gluck
The New Health Care Federalism On The Ground, Nicole Huberfeld, Abbe Gluck
Faculty Scholarship
This essay, part of a symposium investigating methods of empirically evaluating health policy, focuses on American health care federalism, the relationship between the federal and state governments in the realm of health care policy and regulation. We describe the results of a five year study of the implementation of the Patient Protection and Affordable Care Act (ACA) from 2012-2017. Our study focused on two key pillars of the ACA, which happen to be its most state-centered — expansion of Medicaid and the implementation of health insurance exchanges — and sheds light on federalism in the modern era of nationally-enacted health …
Critical Dialogue, James E. Fleming, Bruce P. Frohnen
Critical Dialogue, James E. Fleming, Bruce P. Frohnen
Faculty Scholarship
It is a privilege to participate in this exchange with Bruce Frohnen concerning our books. In my Fidelity to Our Imperfect Constitution, I observe that in recent years, many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. I reject all forms of originalism and defend a moral reading of the United States Constitution. Such a conception views the Constitution as embodying abstract moral and political principles, not codifying concrete historical rules or practices. It sees interpretation of those principles as requiring normative judgments about how they are best understood, not merely historical research to …
All Your Works Are Belong To Us: New Frontiers For The Derivative Work Right In Video Games, J. Remy Green
All Your Works Are Belong To Us: New Frontiers For The Derivative Work Right In Video Games, J. Remy Green
Faculty Scholarship
In copyright law, the author of an original work has the exclusive right to prepare further works derivative of that original. Video game developers’ works are protected by the Copyright Act. As video games take advantage of more advanced technology, however, players are doing more creative, interesting, and original things when they play games. Certain things players do create independent economic value and are the kinds of acts of original authorship our copyright system is designed to encourage. However, since the author of the video game is entitled to the full panoply of rights under the laws of the American …
Design Center Leasing - A Hybrid Approach, Richard J. Sobelsohn
Design Center Leasing - A Hybrid Approach, Richard J. Sobelsohn
Faculty Scholarship
No abstract provided.
Allocating Patent Litigation Risk Across The Supply Chain, Michael J. Meurer
Allocating Patent Litigation Risk Across The Supply Chain, Michael J. Meurer
Faculty Scholarship
The paradigmatic defendant in a patent lawsuit is a vertically integrated manufacturer. But much economic activity is conducted collaboratively by a supply chain of vertically disintegrated firms, and sometimes multiple firms are implicated in infringing activities, by making, selling, or using patented technology, or by contributing to or inducing another firm’s infringement. Often patent owners have the option of suing some or all of the members of a supply chain who contribute to the design, creation and marketing of a new technology.
Businesses increasingly contemplate the risk of patent infringement when they negotiate contractual relations to form a supply chain. …
Adr And Access To Justice: Current Perspectives, Ellen E. Deason, Michael Z. Green, Donna Shestowsky, Rory Van Loo, Ellen Waldman
Adr And Access To Justice: Current Perspectives, Ellen E. Deason, Michael Z. Green, Donna Shestowsky, Rory Van Loo, Ellen Waldman
Faculty Scholarship
Extract:
I want to give you a roadmap for our program. We will not be delivering individual papers but, rather, hope to have a discussion. We are planning to spend thirty minutes on introductions for the purpose of allowing you to identify the source of each panelist's perspectives. We will then use an hour, more or less, for a discussion among the panel. That will leave fifteen minutes for audience questions and participation. Because we will be publishing an edited transcript, we ask that you hold your questions until the end.
Access to justice is a broad topic, and we …
The Drug Debate: Data Exclusivity Is The New Way To Delay Generics, Srividhya Ragavan
The Drug Debate: Data Exclusivity Is The New Way To Delay Generics, Srividhya Ragavan
Faculty Scholarship
The article discusses the protection regime for clinical trial data internationally and outlines the applicable protection regime. In doing so, this article outlines how the data exclusivity regime can operate in parallel with the patent regime to add a layer of protection for the data. Such protection operates at a regulatory level to delay the entry of generic medications. Internationally, the data exclusivity regime, which has become an important contemporary tool in trade negotiations with poorer nations, works to detrimentally affect access to medication