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Full-Text Articles in Law
A Historical Overview Of The Fair Labor Standards Act, Pamela Newell
A Historical Overview Of The Fair Labor Standards Act, Pamela Newell
Journal Articles
No abstract provided.
Response To Nicholas Boyle, O. Carter Snead
Response To Nicholas Boyle, O. Carter Snead
Journal Articles
Response to Nicholas Boyle’s talk “God, Sex, and America: From Decline of the Common Morality to the Emergence of a Global Ethical Life” at The Catholic University of America Center for Law, Philosophy and Culture’s Symposium “A Common Morality for the Global Age: In Gratitude for What We Are Given.”
H.L.A. Hart: A Twentieth-Century Oxford Political Philosopher, John M. Finnis
H.L.A. Hart: A Twentieth-Century Oxford Political Philosopher, John M. Finnis
Journal Articles
This essay offers first a sketch (by a student and colleague) of H.L.A. Hart's life; second an account of the political philosophy which he explicitly articulated in The Concept of Law (1961), and of its relation to the main currents of Oxford political philosophy in the 1950s; and thirdly an exposition and critical assessment of the normative political theory deployed, to widespread acclaim, in his Law, Liberty & Morality (1963).
Trademark Use And The Problem Of Source, Mark P. Mckenna
Trademark Use And The Problem Of Source, Mark P. Mckenna
Journal Articles
This Article mediates a scholarly debate regarding the existence and desirability of a "trademark use" doctrine. It argues that trademark use is a predicate of liability under the Lanham Act, but those who advocate treating trademark use as a threshold question put much more weight on that concept than it can bear. Courts cannot consistently apply trademark use as a distinct element of the plaintiff's prima facie case because trademark use can be determined only from the perspective of consumers. Specifically, courts can determine whether a defendant has made trademark use of a plaintiff's mark only by asking whether consumers …
The Nobel Effect, Roger P. Alford
The Nobel Effect, Roger P. Alford
Journal Articles
For the first time in scholarly literature, this article traces the history of modern international law from the perspective of the constructivist theory of international relations. Constructivism is one of the leadings schools of thought in international relations today. This theory posits that state preferences emerge from social construction and that state interests are evolving rather than fixed. Constructivism further argues that international norms have a life cycle composed of three stages: norm emergence, norm acceptance (or "norm cascades"), and norm internalization. As such, constructivism treats international law as a dynamic process in which "norm entrepreneurs" interact with state actors …