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Articles 1 - 6 of 6
Full-Text Articles in Law
Copyright's Empire: Why The Law Matters, Alina Ng
Copyright's Empire: Why The Law Matters, Alina Ng
Journal Articles
Previous intellectual property literature demands a balance between incentives to produce for the creator of a work and access to information, knowledge, and content by the users. However, law and economics jurisprudence does not provide compelling arguments to support the notion that the copyright monopoly is the most efficient way to maximize public welfare by promoting the works of authors. The social cost from expansion of private rights is nonexistent because market structures change as technologies develop, providing society with increased accessibility to creative works. Accordingly, copyright laws need to expand as technology develops in order to realize a fair …
Rescue The Americans With Disabilities Act From Restrictive Interpretations: Alcoholism As An Illustration, Judith J. Johnson
Rescue The Americans With Disabilities Act From Restrictive Interpretations: Alcoholism As An Illustration, Judith J. Johnson
Journal Articles
The Supreme Court has narrowed the doorway into the protected class for the Americans with Disabilities Act of 1990 (ADA) in virtually every employment case. Taking their cue from the Supreme Court, the lower courts have been concerned principally with who is "disabled" and thus protected by the ADA. The answer today is not many people. The courts generally have been so hostile to ADA plaintiffs that it is difficult now to find a case in which the plaintiff was able to prove that he was disabled. Congress contemplated that some impairments would always be disabling. The Supreme Court, however, …
Distinguishing Certification From Abstention In Diversity Cases: Postponement Versus Abdication Of The Duty To Exercise Jurisdiction, Deborah Challener
Distinguishing Certification From Abstention In Diversity Cases: Postponement Versus Abdication Of The Duty To Exercise Jurisdiction, Deborah Challener
Journal Articles
This Article argues that a federal court does not abdicate its duty to exercise its jurisdiction when it certifies a question in a diversity case; instead, the court merely postpones the exercise of its jurisdiction. Thus, federal courts need not limit certification in diversity cases to exceptional circumstances.
Secularization, Legal Indeterminacy, And Habermas's Discourse Theory Of Law, Mark C. Modak-Truran
Secularization, Legal Indeterminacy, And Habermas's Discourse Theory Of Law, Mark C. Modak-Truran
Journal Articles
This Article focuses on Habermas’s sophisticated awareness of the tension between secularization of law and legal indeterminacy and treats his discourse theory of law as a significant test of the feasibility of reconciling these claims. In an earlier article, I criticized Habermas’s discourse of justification and his claim that it legitimated the law independently of a religious or metaphysical worldview. Even assuming I was misguided in that critique, this Article argues that Habermas’s discourse of application is incoherent and fails to maintain the secularization of the law in the face of legal indeterminacy. Given Habermas’s failure, contemporary legal theory needs …
Beyond Theocracy And Secularism (Part I): Toward A New Paradigm For Law And Religion, Mark C. Modak-Truran
Beyond Theocracy And Secularism (Part I): Toward A New Paradigm For Law And Religion, Mark C. Modak-Truran
Journal Articles
As part of a larger project challenging and moving beyond the premodern and modern paradigms, this article focuses on the modern paradigm and its notion of secularization. Section II will discuss the origin of the modern paradigm as a reaction to the religious pluralism and the religious wars in the sixteenth and seventeenth century such as the Thirty Years War in Europe (1618-48) and the English Civil War (1642-51) resulting from the Protestant Reformation. The Reformation divided the Western part of the Christian tradition into separate confessional institutions based on different theological interpretations of Christianity such as Lutheran, Calvinist, and …
Symposium Introduction, Mark C. Modak-Truran
Symposium Introduction, Mark C. Modak-Truran
Journal Articles
The articles and essays in this Symposium should greatly aid disclosing key presuppositions of religionists and secularists by thinking about the law (rather than through the law) and by employing other disciplinary perspectives and methods to provide a more sophisticated understanding of law and religion. I will provide a brief summary of each article and essay and indicate the methods or disciplinary perspectives employed by them in their analysis.