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Articles 1 - 9 of 9
Full-Text Articles in Law
Age Discrimination In Employment (Book Review), Lisa Goodman
Age Discrimination In Employment (Book Review), Lisa Goodman
Journal Articles
No abstract provided.
The Myth Of Copyright's Fair Use Doctrine As A Protector Of Free Speech, Lee Ann Lockridge
The Myth Of Copyright's Fair Use Doctrine As A Protector Of Free Speech, Lee Ann Lockridge
Journal Articles
This article debunks the myth that the fair use doctrine exists to protect the freedom of speech within copyright. Using the history of fair use in the courts and in Congress, as well as recent case law, the Article demonstrates that.fair use is not, and never has been, intended or designed to restrain copyright in the face of the First Amendment. The conflict between copyright and free speech could be lessened by reforming the balance of interests within fair use to eliminate the focus on commercial use and to expand the understanding of the broader public-benefit purpose underlying the Supreme …
The Superior Position Of The Creditor In The Community Property Regime: Has The Community Become A Mere Creditor Collection Device?, Andrea B. Carroll
The Superior Position Of The Creditor In The Community Property Regime: Has The Community Become A Mere Creditor Collection Device?, Andrea B. Carroll
Journal Articles
This article is a first step in an effort to critically examine the continued vitality of the community regime for regulating spousal property. Specifically, the article examines the American community property regimes in light of how they measure up against non-community property states in terms of creditor protection. The results are often surprising. The community regime grants creditors access to a variety of property for all manner of debts. For instance, the entirety of the community property, including the non-debtor spouse's wages, may be seized in some community property states for the other's premarital debts. That the non-debtor spouse has …
Gonzales V. Oregon And Physician-Assisted Suicide: Ethical And Policy Issues, Ken Levy
Gonzales V. Oregon And Physician-Assisted Suicide: Ethical And Policy Issues, Ken Levy
Journal Articles
No abstract provided.
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
Journal Articles
No abstract provided.
Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson
Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson
Journal Articles
Important species are increasingly threatened on private lands and remain largely unregulated by federal and state laws. The gopher tortoise, present within six south-eastern states, is one such species. The tortoise is a keystone species, meaning that upon its existence numerous other species depend. Despite its ecological importance, tortoise populations have declined by 80%, partly due to development pressures, but primarily due to forest management practices which reduced the longleaf pine ecosystem upon which it depends by 96%. This article focuses on legal and policy issues associated with both urban development and forest management of lands containing the gopher tortoise. …
At The Intersection Of Race And History: The Unique Relationship Between The Davis Intent Requirement And The Crack Laws, Christopher J. Tyson
At The Intersection Of Race And History: The Unique Relationship Between The Davis Intent Requirement And The Crack Laws, Christopher J. Tyson
Journal Articles
No abstract provided.
Ghosts Of The Past And Hopes For The Future: Article 466 And Societal Expectations, Elizabeth Carter
Ghosts Of The Past And Hopes For The Future: Article 466 And Societal Expectations, Elizabeth Carter
Journal Articles
This paper traces the history of the law governing component parts Louisiana Civil Code article 466 and its predecessor articles. It notes that civilian methods of interpretation do little to solve the ambiguity inherent in component parts and that stare decisis and jurisprudence constante only confuse the situation. The societal expectations test has been designed to account for these problems and has successfully resolved the ambiguities when it is correctly applied.
The Solution To The Real Blackmail Paradox: The Common Link Between Blackmail And Other Criminal Threats, Ken Levy
Journal Articles
Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Most scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. But this is not quite right. The real paradox raised by the different legal statuses of blackmail threats to disclose and disclosure itself involves a contradiction between our strong intuition that blackmail threats should be criminal …