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Full-Text Articles in Law
The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause, And The First Amendment, Malla Pollack
Malla Pollack
The people of the United States have a constitutional right to know; the government has a duty not to block access to information. The First Amendment and the Intellectual Property Clause cabin the Commerce Clause. Congress cannot create a quasi-property right to exclude others from information without clearly demonstrating market failure. Sui generis protection of data bases does not meet this threashold requirement.
Scared To Death: Capital Punishment As Authoritarian Terror Management, Donald P. Judges
Scared To Death: Capital Punishment As Authoritarian Terror Management, Donald P. Judges
Donald P. Judges
American capital punishment poorly serves its stated goal of deterrence, retribution, and incapacitation. It is outrageously expensive, morally troubling, and widely repudiated. Why and how, then, does it flourish here? Drawing on a social psychological theory known as “terror management,” I argue there that it is best understood as a largely non-conscious, symbolic defense against the incipient terror provoked by awareness of death. According to terror management theory, when reminded of their own mortality, people deploy a mostly non-conscious defensive process that reduces anxiety by enhancing self-esteem through identification with and protection of cultural worldview. This defense manifests in hyperpunitiveness, …