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Articles 121 - 150 of 914
Full-Text Articles in Law
New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies
New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Another Hague Judgements Convention? Bucking The Past To Provide For The Future, Louise Ellen Teitz
Another Hague Judgements Convention? Bucking The Past To Provide For The Future, Louise Ellen Teitz
Law Faculty Scholarship
No abstract provided.
Legal Dilemmas Facing White House Counsel Int He Trump Administration: The Costs Of Public Disclosure Of Fisa Requests, Peter Margulies
Legal Dilemmas Facing White House Counsel Int He Trump Administration: The Costs Of Public Disclosure Of Fisa Requests, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Supreme Court Reinforces Mandatory Detention Of Immigrants, Peter Margulies
Supreme Court Reinforces Mandatory Detention Of Immigrants, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Framing Israel: The U.N. Commission Of Inquiry On The Spring 2018 Gaza Border Confrontations, Peter Margulies, Geoffrey S. Corn
Framing Israel: The U.N. Commission Of Inquiry On The Spring 2018 Gaza Border Confrontations, Peter Margulies, Geoffrey S. Corn
Law Faculty Scholarship
No abstract provided.
The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies
The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Learning From Millennials In The Legal Workspace, Nicole P. Dyszlewski, Suzanne Harrington-Steppen
Learning From Millennials In The Legal Workspace, Nicole P. Dyszlewski, Suzanne Harrington-Steppen
Law Faculty Scholarship
No abstract provided.
The Travel Ban Decision, Administrative Law, Peter Margulies
The Travel Ban Decision, Administrative Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Labor Law Illiteracy: Epic Systems Corp. V. Lewis And Janus V. Afscme, Michael Yelnosky
Labor Law Illiteracy: Epic Systems Corp. V. Lewis And Janus V. Afscme, Michael Yelnosky
Law Faculty Scholarship
No abstract provided.
Digital Realty Trust V. Somers: Whistleblowers And Corporate Retaliation, Susan B. Heyman
Digital Realty Trust V. Somers: Whistleblowers And Corporate Retaliation, Susan B. Heyman
Law Faculty Scholarship
No abstract provided.
When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya Monestier
When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
The Hard, Simple Truth About Gun Control, Carl Bogus
The Hard, Simple Truth About Gun Control, Carl Bogus
Law Faculty Scholarship
No abstract provided.
Rebooting Empathy For The Digital Generation Lawyer, Lauren A. Newell
Rebooting Empathy For The Digital Generation Lawyer, Lauren A. Newell
Law Faculty Scholarship
There is a growing preference in today’s technology-saturated society for online interaction via email, text messages, social networks, and instant messaging, rather than real-world interaction through face-to-face or telephonic conversations. For today’s young people—the Digital Generation—this is more than a mere preference; it is a way of life. Research indicates that the movement toward virtual communication comes with negative consequences, such as poor real-world communication skills and underdeveloped social skills. Most significantly, research suggests that the Digital Generation are less empathic than elder generations are. Some researchers speculate that the rising prominence of information and communication technologies (ICTs) in everyday …
Justice Kennedy And The First Amendment, David L. Hudson Jr.
Justice Kennedy And The First Amendment, David L. Hudson Jr.
Law Faculty Scholarship
This essay reviews some of Justice Anthony Kennedy’s most significant contributions to First Amendment jurisprudence. These include his calls for absolute protection for pure political speech, his strong protection for commercial speech, his distaste for campaign finance reform laws that censored speech, his general concern for the silencing of sexual expression, his coercion test in Establishment Clause cases, and his significant failure in the public-employee free-speech decision Garcetti v. Ceballos.
The Content-Discrimination Principle And The Impact Of Reed V. Town Of Gilbert, David L. Hudson Jr.
The Content-Discrimination Principle And The Impact Of Reed V. Town Of Gilbert, David L. Hudson Jr.
Law Faculty Scholarship
The content-discrimination principle remains the chief analytical tool used in First Amendment jurisprudence. Under this doctrine, laws are categorized as content-based or content-neutral. Content-based laws are subject to strict scrutiny and content-neutral ones are subject to intermediate scrutiny.
The U.S. Supreme Court ratcheted up the content-discrimination principle in Reed v. Town of Gilbert. Previously, lower courts were divided on whether a law was content-based if the underlying purpose was not to engage in censorship or content-discrimination. In Reed, however, the Court declared that the law’s purpose is not the central inquiry. It concluded that if a law draws facial distinctions …
Books And Olive Oil: Why Antitrust Must Deal With Consolidated Corporate Power, Carl Bogus
Books And Olive Oil: Why Antitrust Must Deal With Consolidated Corporate Power, Carl Bogus
Law Faculty Scholarship
No abstract provided.
Rhode Island Women's Bar Association & The History Of Women Lawyers In Our State, Nicole P. Dyszlewski, Cassandra L. Feeney, Gina Renzulli Lemay
Rhode Island Women's Bar Association & The History Of Women Lawyers In Our State, Nicole P. Dyszlewski, Cassandra L. Feeney, Gina Renzulli Lemay
Law Faculty Scholarship
No abstract provided.
The Daca Case: Agencies’ “Square Corners” And Reliance Interests In Immigration Law, Peter Margulies
The Daca Case: Agencies’ “Square Corners” And Reliance Interests In Immigration Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
An Analysis Of Mandatory Hookup Law: Cases & Statutes, Jesse Richardson
An Analysis Of Mandatory Hookup Law: Cases & Statutes, Jesse Richardson
Law Faculty Scholarship
No abstract provided.
Barbie In Bondage: What Orly Lobel's Book "You Don't Own Me: How Mattel V. Mga Entertainment Exposed Barbie's Dark Side" Tells Us About The Commoditization Of The Female Body, Ann Bartow
Law Faculty Scholarship
[excerpt] "This review essay reflects upon two of the central claims of [Orly Lobel's book] You Don't Own Me: first, that when companies put their energy and resources into intellectual property litigation rather than innovation, it is a strategy that is likely to fail; and second, that Barbie is a 'lead icon' in the disconnect between women pushing for general equality and those who prefer traditional gender roles for women."
One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr
One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr
Law Faculty Scholarship
"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.
Legal Education Unbundled (And Rebundled), Megan Carpenter
Legal Education Unbundled (And Rebundled), Megan Carpenter
Law Faculty Scholarship
This essay calls for an unbundling of legal education, much like the kind of unbundling we have seen in the cable, music, and print news media. It suggests that the standard legal education "bundle"-the generalized JD-is just one of many forms of legal education that can be packaged appropriately for today's legal education market needs.
Introductions, Tonya M. Evans, Julia Spivak
Introductions, Tonya M. Evans, Julia Spivak
Law Faculty Scholarship
An introduction to the Symposium and an introduction to Blockchain technology in preparation for the topics of the rest of the symposium.
Panel 2: Art Law And Blockchain, Tonya M. Evans, Derek Fincham, Katya Fisher, Jeanne L. Schroeder
Panel 2: Art Law And Blockchain, Tonya M. Evans, Derek Fincham, Katya Fisher, Jeanne L. Schroeder
Law Faculty Scholarship
Panel presentation on Art Law and Blockchain at 2019 AELJ Spring Symposium: Digital Art & Blockchain.
The Role Of International Rules In Blockchain-Based Cross-Border Commercial Disputes, Tonya M. Evans
The Role Of International Rules In Blockchain-Based Cross-Border Commercial Disputes, Tonya M. Evans
Law Faculty Scholarship
[excerpt] The concept of online dispute resolution (ODR) is not new. 1 But, with the advent of Web 3.0, the distributed web that facilitates pseudonymous and cross-border transactions via blockchain's distributed ledger technology, 2 the idea of, and pressing need for, appropriate dispute resolution models for blockchain-based disputes to support this novel system of distributed consensus and trust of which blockchain proponents boast, is a primary concern in rapid development. 3 The common goal of each project is to utilize smart contracts to facilitate "superior, quicker[,] and less expensive proceedings by eliminating so many of the tedious and protracted trappings …
Establishing Appropriate Best Practices In Intellectual Property Management And Technology Transfer In The United Arab Emirates: Building Human Capital, Global Networks And Institutional Infrastructure To Drive Sustainable Knowledge-Based, Innovation-Driven Development, Stanley Kowalski
Law Faculty Scholarship
Best practices (BP) are integral to national and international IP law, practice, and management. For the United Arab Emirates (UAE) to build, foster, and sustain globally-networked knowledge-based, innovation-driven, economic development in the 21st century, a suite of internationally-standardized BP in intellectual property (IP) management, technology transfer and information analysis will be necessary. For the UAE, and the other GCC states, appropriate and applicable BP will be critical to diversify from commodity over-dependence (petroleum) towards nationally, regionally and globally interconnected innovation ecosystems. Therefore, strategically building human capital, institutions, institutional infrastructure and global networks which will be required for UAE to leapfrog …
3d Printing And U.S. Copyright Law, Ryan G. Vacca, Peter S. Menell
3d Printing And U.S. Copyright Law, Ryan G. Vacca, Peter S. Menell
Law Faculty Scholarship
This article explores how 3D printing fits within US copyright law. US copyright law provides a well-developed general framework for the protection of creative designs, whether fixed in CAD files or 3D objects. Enforcement of copyright protection in this industry faces some of the same challenges encountered by other content industries whose works were disrupted by the digital revolution. Nonetheless, 3D printing brings distinctive issues. Although grounded in statute, US copyright law has a rich common law tradition that affords courts significant leeway in adapting doctrines to new and unforeseen technological developments. This capacity is reinforced by the range of …
The Federal Circuit As An Institution, Ryan G. Vacca
The Federal Circuit As An Institution, Ryan G. Vacca
Law Faculty Scholarship
The Court of Appeals for the Federal Circuit is a unique institution. Unlike other circuit courts, the Federal Circuit’s jurisdiction is bound by subject area rather than geography, and it was created to address a unique set of problems specific to patent law. These characteristics have affected its institutional development and made the court one of the most frequently studied appellate courts. This chapter examines this development and describes the evolving qualities that have helped the Federal Circuit distinguish itself, for better or worse, as an institution.
This chapter begins with an overview of the concerns existing before creation of …
Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies
Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies
Law Faculty Scholarship
No abstract provided.