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Articles 1 - 13 of 13
Full-Text Articles in Law
Nonobvious Design, Mark Bartholomew
Nonobvious Design, Mark Bartholomew
Journal Articles
To earn patent protection, a claimed product design must be “nonobvious.” Yet while nonobviousness has been described as “the heart” and “cornerstone” of the utility patent system, in the design patent context, the term has become next to useless. Instead of actually policing nonobviousness in design, modern courts grant patent rights to any work that is not an exact replica of another. The problem, judges maintain, is that comparing one visual design against another demands the use of aesthetic judgment and aesthetic judgment is an instinctual, subjective process incapable of legal definition. Recent neuroscientific studies of aesthetic judgment dispel some …
Title Ix In Historical Context: 50 Years Of Progress And Political Gamesmanship, Helen A. Drew, Marissa Egloff, Josie Middione
Title Ix In Historical Context: 50 Years Of Progress And Political Gamesmanship, Helen A. Drew, Marissa Egloff, Josie Middione
Journal Articles
On the fiftieth anniversary of Title IX, it is important to recognize both its historic nature and how it has evolved in political and social context. This Article will begin by examining the history of women’s athletics pre–Title IX, focusing on what activities women participated in, why, and how societal norms shaped their ability to do so. Next, the Article will examine the status of women’s athletic opportunities as Title IX was first proposed, with an emphasis upon its nexus to the women’s rights movement and the Equal Rights Amendment initiative. The Article will then provide historical background for key …
Moonlight: A Photo Essay, David A. Westbrook
The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew J. Steilen
The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew J. Steilen
Journal Articles
This Article is a historical study of the Case of Josiah Philips. Philips led a gang of militant loyalists and escaped slaves in the Great Dismal Swamp of southeastern Virginia during the American Revolution. He was attainted of treason in 1778 by an act of the Virginia General Assembly, tried for robbery before a jury, convicted and executed. For many years, the Philips case was thought to be an early example of judicial review, based on a claim by St. George Tucker that judges had refused to enforce the act of attainder. Modern research has cast serious doubt on Tucker’s …
What Is Buddhist Law?, Rebecca Redwood French
Lords And Order: Credible Rulers And State Failure, Matthew Dimick
Lords And Order: Credible Rulers And State Failure, Matthew Dimick
Journal Articles
Why do states fail? Why do failed states persist without collapsing into complete anarchy? This paper argues that given insurgency or weakened state capacity, rulers may find it best, paradoxically, to reduce the amount of political good it provides as a means of sustaining some amount of their rule. Moreover, although the consequence is political fragmentation and increasing levels of violence, this is not inconsistent with the continuation of attenuated central governance. To evaluate this argument, I select the case of King Stephen’s reign in medieval England. Although far removed historically from contemporary cases of state failure, the reign of …
Punishing Without Free Will, Luis E. Chiesa
Punishing Without Free Will, Luis E. Chiesa
Journal Articles
Most observers agree that free will is central to our practices of blaming and punishment. Yet the conventional conception of free will is under sustained attack by the so-called determinists. Determinists claim that all of the events that take place in the universe – including human acts – are the product of causally determined forces over which we have no control. If human conduct is really determined by factors that we cannot control, how can our acts be the product of our own unfettered free will and what would that mean for the criminal law? The overwhelming majority of legal …
Dorothy Kenyon And The Making Of Modern Legal Feminism, Samantha Barbas
Dorothy Kenyon And The Making Of Modern Legal Feminism, Samantha Barbas
Journal Articles
No abstract provided.
The Case Of The Missing Discipline: Finding Buddhist Legal Studies, Rebecca Redwood French
The Case Of The Missing Discipline: Finding Buddhist Legal Studies, Rebecca Redwood French
Journal Articles
No abstract provided.
Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew
Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew
Journal Articles
Using Yale Law School as an example, this Article describes the interaction between university-affiliated law schools and the larger university during a crucial period in the development of legal education: the last third of the nineteenth century. At the same time, the Article contrasts Yale with other law schools of the day to show what made Yale unique and how Yale’s nineteenth-century idiosyncrasies would come to shape legal education at other schools in the twentieth century. Part I examines the university administration’s attitude toward the law school and how it typified law school-university relations in the late nineteenth century. Part …
Framed: Utilitarianism And Punishment Of The Innocent, Guyora Binder, Nicholas J. Smith
Framed: Utilitarianism And Punishment Of The Innocent, Guyora Binder, Nicholas J. Smith
Journal Articles
This paper is a defense of utilitarian penology, against the familiar retributivist charge that it promotes framing the innocent, and other charges similarly depending on the notion that utilitarianism encourages officials to deceive the public. Our defense proceeds from the striking fact that utilitarianism's critics do not cite textual evidence that the originators of utilitarian penology in fact endorsed punishing the innocent or deceiving the public. Instead, critics claim that these unsavory policies follow logically from the premises of utilitarianism. Our argument, in brief, is that the charge of framing the innocent rests on a misunderstanding of utilitarian penology. We …
No Lever And No Place To Stand (A Response To Christopher Shannon), John Henry Schlegel
No Lever And No Place To Stand (A Response To Christopher Shannon), John Henry Schlegel
Journal Articles
No abstract provided.
Dynastic Realms And Secular States: Introduction, David M. Engel
Dynastic Realms And Secular States: Introduction, David M. Engel
Journal Articles
No abstract provided.