Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Writing and Research (167)
- Constitutional Law (140)
- Intellectual Property Law (132)
- Social and Behavioral Sciences (98)
- Immigration Law (89)
-
- Supreme Court of the United States (65)
- President/Executive Department (64)
- National Security Law (58)
- Business (49)
- Legal Education (47)
- Labor and Employment Law (45)
- Military, War, and Peace (44)
- International Law (38)
- Law and Society (38)
- Law and Politics (36)
- Arts and Humanities (35)
- Civil Rights and Discrimination (34)
- First Amendment (34)
- Legal Profession (34)
- Criminal Law (32)
- Medicine and Health Sciences (32)
- Life Sciences (31)
- Administrative Law (28)
- Entertainment, Arts, and Sports Law (27)
- Privacy Law (27)
- Criminal Procedure (25)
- Health Law and Policy (25)
- Internet Law (22)
- Courts (21)
- Institution
- Keyword
-
- Immigration (49)
- Patents (41)
- Copyright (34)
- First Amendment (32)
- Intellectual property (25)
-
- Immigration and Nationality Act (23)
- Constitutional law (19)
- PTO (17)
- Constitutional Law (16)
- Terrorism (16)
- Executive Order (15)
- Labor Law (15)
- Privacy (15)
- Refugees (15)
- Asylum (14)
- Donald Trump (14)
- Discrimination (13)
- Internet (13)
- Judicial review (13)
- Lawyers (13)
- Law (12)
- New Hampshire (12)
- Patent (12)
- Patent and Trademark Office (12)
- Trademark (12)
- Innovation (11)
- Regulation (11)
- Travel Ban (11)
- Copyrights (10)
- Criminal law (10)
- Publication Year
Articles 31 - 60 of 914
Full-Text Articles in Law
Characteristics Of Patent Examiners Who Issue Litigated / Invalidated Patents, S. Sean Tu
Characteristics Of Patent Examiners Who Issue Litigated / Invalidated Patents, S. Sean Tu
Law Faculty Scholarship
No abstract provided.
The Opioid Crisis: Lessons For Health Reform, Valarie K. Blake
The Opioid Crisis: Lessons For Health Reform, Valarie K. Blake
Law Faculty Scholarship
No abstract provided.
Biden’S Border Problem, And How To Fix It, Peter Margulies
Biden’S Border Problem, And How To Fix It, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Supreme Court's Worst Decision In Recent Years--Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.
The Supreme Court's Worst Decision In Recent Years--Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.
Law Faculty Scholarship
The United States Supreme Court decision of Garcetti v. Ceballos deserves its rightful place in the Court’s hall of shame. In Garcetti, the Court issued a decision that serves as a Dred Scott-type ruling for public employees, diminishing their free speech rights to an unacceptable level. The Court created a categorical rule that public employees have no free speech rights when engaged in official, job-related speech.
Under Garcetti, it does not matter how valuable an employee’s speech is, how much corruption that speech exposes, or whether the speech informs the public regarding an important issue. Instead, the five-justice majority focused …
Is This A Christian Nation? An Introduction, Carl T. Bogus
Is This A Christian Nation? An Introduction, Carl T. Bogus
Law Faculty Scholarship
No abstract provided.
The Art Of The Matter: A Linguistic Analysis Of Public Art Policy In Confederate Monument Removal Case Law, Kristi Arth
The Art Of The Matter: A Linguistic Analysis Of Public Art Policy In Confederate Monument Removal Case Law, Kristi Arth
Law Faculty Scholarship
In the wake of such tragedies as the Charleston, South Carolina mass shooting, the deadly Unite the Right Rally, and the death of George Floyd, various communities have engaged in efforts to remove Confederate monuments from public spaces. These removal efforts frequently result in litigation focused on ownership rights, government speech, and other claims. This article asks what responsibility the judiciary and litigants have to acknowledge that Confederate monuments—for better or for worse—are creations of public art.
Whether the monuments stay or go at the end of a given lawsuit, the outcome affects the public art policy of the subject …
Eu Privacy Law And U.S. Surveillance: Solving The Problem Of Transatlantic Data Transfers, Peter Margulies
Eu Privacy Law And U.S. Surveillance: Solving The Problem Of Transatlantic Data Transfers, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Health Care Civil Rights Under Medicare For All, Valarie K. Blake
Health Care Civil Rights Under Medicare For All, Valarie K. Blake
Law Faculty Scholarship
The passage of Medicare for All would go a long way toward curing the inequality that plagues our health care system along racial, sex, age, health status, disability, and socioeconomic lines. Yet, while laudably creating a universal right to access to health care, Medicare for All may inadvertently dampen civil rights protections that are necessary to ensure equality in health care delivery, an outcome its creators and supporters surely would not intend.
Federal money is typically requisite for civil rights enforcement. Title VI, Title IX, and the Age Discrimination Act of 1975 all apply to recipients of federal financial assistance. …
The Constitution And Democracy In Troubled Times, John M. Greabe
The Constitution And Democracy In Troubled Times, John M. Greabe
Law Faculty Scholarship
Does textualism and originalism approach positively impact democracy?
Online Onboarding Corporate Governance Training In The Covid-19, Seth C. Oranburg, Benjamin P. Kahn
Online Onboarding Corporate Governance Training In The Covid-19, Seth C. Oranburg, Benjamin P. Kahn
Law Faculty Scholarship
[Excerpt] "Director onboarding is the process by which an organization facilitates a new director stepping into the role. It is a means by which an incoming director becomes familiar with their new surroundings, the organization, their fellow board members, and other organization leaders. As such, it is an inherently personal experience that has always necessitated face-to-face interaction, whether it takes place in the boardroom and adjacent offices, company retreats, or happy hours. Until 2020, tried-and-true onboarding methods functioned effectively, and there was no reason to reimagine the onboarding process as a potentially virtual procedure. Unfortunately, the novel coronavirus brought about …
Machine Monitoring Of Workers: A Brave New Workplace, Anne M. Lofaso
Machine Monitoring Of Workers: A Brave New Workplace, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Essay: The Fighting Words Doctrine: Alive And Well In The Lower Courts, David L. Hudson Jr.
Essay: The Fighting Words Doctrine: Alive And Well In The Lower Courts, David L. Hudson Jr.
Law Faculty Scholarship
The fighting words doctrine is alive and well in the lower courts. The first part of this article briefly explains how the fighting words doctrine has fared in the U.S. Supreme Court. These results would seem to indicate that it would be rare indeed for a defendant’s words to fall under the fighting words exception. That is not always the case. The next part of this article provides a sampling of decisions in which lower courts have rejected First Amendment-based defenses to disorderly conduct, breach of the peace, or similar charges based on the fighting words doctrine. The final part …
Ninth Circuit Says President Trump Can Ban Immigrants Without "Approved" Health Insurance, Peter Margulies
Ninth Circuit Says President Trump Can Ban Immigrants Without "Approved" Health Insurance, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Rethinking The Role Of Ngos In An Era Of Extreme Wealth Inequality: The Example Of The Bill & Melinda Gates Foundation, John J. Chung
Rethinking The Role Of Ngos In An Era Of Extreme Wealth Inequality: The Example Of The Bill & Melinda Gates Foundation, John J. Chung
Law Faculty Scholarship
No abstract provided.
Hitting The Trip Wire: When Does A Company Become A "Marijuana Business"?, Lauren A. Newell
Hitting The Trip Wire: When Does A Company Become A "Marijuana Business"?, Lauren A. Newell
Law Faculty Scholarship
Like the alcohol industry was during Prohibition, the marijuana industry is a profitable one. And, as bootlegging was then, selling marijuana in the United States is currently illegal. Despite the number of states that have legalized or decriminalized the sale of marijuana for medical or recreational use under state law, marijuana sales remain illegal as a matter of federal law under the federal Controlled Substances Act of 1970 (“CSA”). Individuals and entities that violate the CSA face substantial criminal and civil liability, including prison time and fines, alongside a host of additional negative consequences arising from business, tax, bankruptcy, and …
Sex Discrimination In Healthcare: Section 1557 And Lgbtq Rights After Bostock, Amy Post, Ashley Stephens, Valarie K. Blake
Sex Discrimination In Healthcare: Section 1557 And Lgbtq Rights After Bostock, Amy Post, Ashley Stephens, Valarie K. Blake
Law Faculty Scholarship
Section 1557 of the Affordable Care Act (“ACA”) banned sex discrimination in health care. In June of 2020, however, the Trump administration finalized a rule that explicitly removed sexual orientation and gender identity from Section 1557’s safeguards. That same month, the Supreme Court held that sexual orientation and gender identity discrimination are forms of sex discrimination for purposes of Title VII employment discrimination in Bostock v. Clayton County. Following the Court’s decision in Bostock, this Article argues that sex discrimination under Section 1557 necessarily encompasses gender identity and sexual orientation discrimination.
Post-Pandemic Privacy Law, Tiffany C. Li
Post-Pandemic Privacy Law, Tiffany C. Li
Law Faculty Scholarship
COVD-19, the global pandemic that began in 2019, altered how we live our lives in just about every way imaginable. Some of those changes were obvious-for example, those who were fortunate enough to be able to work from home began working online-while other changes were more subtle. The latter category included unprecedented levels of data collection by governments and organizations purporting to collect information that would help stop the pandemic's spread. Given the deadly nature of COVID-19, few would question any public health efforts, no matter their impact on privacy. However, the lack of attention to privacy issues during the …
Privacy In Pandemic: Law, Technology, And Public Health In The Covid-19 Crisis, Tiffany C. Li
Privacy In Pandemic: Law, Technology, And Public Health In The Covid-19 Crisis, Tiffany C. Li
Law Faculty Scholarship
The COVID-19 pandemic has caused millions of deaths and disastrous consequences around the world, with lasting repercussions for every field of law, including privacy and technology. The unique characteristics of this pandemic have precipitated an increase in use of new technologies, including remote communications platforms, healthcare robots, and medical Al. Public and private actors alike are using new technologies, like heat sensing, and technologically influenced programs, like contact tracing, leading to a rise in government and corporate surveillance in sectors like healthcare, employment, education, and commerce. Advocates have raised the alarm for privacy and civil liberties violations, but the emergency …
The Gig Economy, Smart Contracts, And Disruption Of Traditional Work Arrangements, Seth C. Oranburg, Liya Palagashvili
The Gig Economy, Smart Contracts, And Disruption Of Traditional Work Arrangements, Seth C. Oranburg, Liya Palagashvili
Law Faculty Scholarship
The rapid growth of technology is not only creating innovative goods and services, but it is also fundamentally altering the workplace and the traditional understanding of employee and employer relationships. This can be seen today with the rise of the gig economy and alternative work arrangements. Our paper seeks to explain how technology has reduced the cost of transacting with the market and lowering monitoring costs, and thereby driving the expansion of contracting, as seen in the rise of the gig economy. We then anticipate blockchain technology and smart contracts will further reduce transaction costs and continue to alter the …
The Trial Preparation Procedures—Civil, Will Rhee, L. Richard Walker
The Trial Preparation Procedures—Civil, Will Rhee, L. Richard Walker
Law Faculty Scholarship
In an effort to provide scholarship immediately useful to the litigator, this Article proposes a detailed systems workflow to plan and coordinate preparing for federal civil trials called the Trial Preparation Procedures—Civil or "TrialPrepPro—Civil" for short. Although there is an abundance of anecdotal "learning from doing" trial preparation guidance, empirically testable "learning about doing" trial preparation guidance is rare. We present our TrialPrepPro to learn more about doing.
The TrialPrepPro is modeled after the battle-proven U.S. Army Troop Leading Procedures used, with modifications, by all U.S. military services, our NATO allies, and many other foreign militaries. Although there is ample …
Patent Examination And Examiner Interviews, S. Sean Tu
Patent Examination And Examiner Interviews, S. Sean Tu
Law Faculty Scholarship
Examiner interviews are one of the most powerful tools to help both inventors and examiners understand and overcome specific issues during prosecution. Direct discussions between an applicant and an examiner can help bridge the gap between misunderstandings of prior art, the invention, or statements in the specification. When used correctly, examiner interviews can dramatically decrease the time in prosecution and help applicants quickly reach a final disposition. This paper reviews approximately 1.1 million patent applications corresponding to every patent application with an examiner interview between 2007 and June 2020 to determine the effectiveness of examiner interviews. This study establishes that …
States And Laws, Jews And Palestinians: Yadgar's Traditionalist Alternative. A Reflection On Yadgar, Israel's Jewish Identity Crisis (Cambridge, 2020), James J. Friedberg
States And Laws, Jews And Palestinians: Yadgar's Traditionalist Alternative. A Reflection On Yadgar, Israel's Jewish Identity Crisis (Cambridge, 2020), James J. Friedberg
Law Faculty Scholarship
This essay reflects on issues raised by Yaacov Yadgar concerning a devil’s bargain made decades ago between secular Zionist Israeli governments and the country’s Orthodox religious establishment, in defining who is a Jew and, therefore, entitled to the most comprehensive benefits of citizenship. It seems that that very tensions inherent in this somewhat illogical, somewhat cynical bargain are quite relevant to an us-them mentality that makes peace with the Palestinians more difficult.
Asylum Ruling Halts Restrictions In New Rule, Peter Margulies
Asylum Ruling Halts Restrictions In New Rule, Peter Margulies
Law Faculty Scholarship
No abstract provided.
What Constitution Says About Peaceful Transfer Of Power, John M. Greabe
What Constitution Says About Peaceful Transfer Of Power, John M. Greabe
Law Faculty Scholarship
[excerpt] I recently was asked whether the Constitution requires a peaceful transfer of power following an election. Sadly, the questions is not merely theoretical. President Trump has stated that, if he loses the upcoming election, it will be through fraud. And he has made it clear that he will be unrestrained in his response to any efforts to oust him from office through an election he pronounces fraudulent.
The question of whether the Constitution requires a peaceful transfer of power prompts consideration of how we should conceptualize our Constitution. Is the Constitution merely the document that was written in 1787, …
Federal Court Halts Trump’S Ban On Nonimmigrant Visas, Peter Margulies
Federal Court Halts Trump’S Ban On Nonimmigrant Visas, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.
Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.
Law Faculty Scholarship
An article about Ida B. Wells (1862-1931), a journalist who campaigned tirelessly against the horror of lynching, advocated for suffrage rights for women, exposed injustices, and battled against segregation laws.
Encouraging Entrepreneurship And Innovation Through Regulatory Democratization, Seth C. Oranburg
Encouraging Entrepreneurship And Innovation Through Regulatory Democratization, Seth C. Oranburg
Law Faculty Scholarship
[Excerpt] "Entrepreneurship provides a path to prosperity for many people. In particular, women and minorities prefer entrepreneurship as their path to achieve the American Dream. In their striving, their startups and small businesses benefit our entire society. Entrepreneurial innovation has a positive impact on social welfare. For these reasons, the federal government has implemented numerous policies designed to support small businesses and promote startup innovation."
Securities Regulation And Social Media, Seth C. Oranburg
Securities Regulation And Social Media, Seth C. Oranburg
Law Faculty Scholarship
Federal securities regulation originally divided corporate finance into two neat categories, public and private. In 1933, private financing was limited to “sophisticated” investors but otherwise lightly regulated. Public financing became heavily regulated. In 1982, the SEC introduced Reg D, which introduced the concept of “general solicitation” to clarify the distinction between public and private offerings. Reg D is well understood to prohibit newspaper advertisements and permit direct solicitations to venture capital investors. This enabled great wealth consolidation in regions like Silicon Valley while effectively banning general solicitations in private offerings.
Now, social media communication challenges the definition of “general solicitation.” …
Five Takeaways From High Court's Term, John M. Greabe
Five Takeaways From High Court's Term, John M. Greabe
Law Faculty Scholarship
[Excerpt] Last month, the Supreme Court wrapped up it 2019-2020 term with a flurry of significant rulings.
The court confirmed that Congress and state attorneys general may subpoena third parties for evidence when legitimately investigating a sitting president; held that the executive branch must engage in reasoned decision-making when rescinding administrative protections for a vulnerable population (i.e., beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program); and defined the scope of the president's power to remove officials from high office.
The court also clarified that federal anti-discrimination employment protections extend to LGBTQ workers; held that states may punish members …
The Libertarian Case For Immigration (And Against Trump), Peter Margulies
The Libertarian Case For Immigration (And Against Trump), Peter Margulies
Law Faculty Scholarship
No abstract provided.