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Full-Text Articles in Law

The Common Law Inside Social Media, Anita Bernstein May 2023

The Common Law Inside Social Media, Anita Bernstein

Faculty Scholarship

No abstract provided.


What Mcculloch V. Maryland Got Wrong: The Original Meaning Of 'Necessary' Is Not 'Useful', 'Convenient', Or 'Rational', Steven Calabresi, Gary S. Lawson, Elise Kostial Jan 2023

What Mcculloch V. Maryland Got Wrong: The Original Meaning Of 'Necessary' Is Not 'Useful', 'Convenient', Or 'Rational', Steven Calabresi, Gary S. Lawson, Elise Kostial

Faculty Scholarship

McCulloch v. Maryland, echoing Alexander Hamilton nearly thirty years earlier, claimed of the word “necessary” in the Necessary and Proper Clause: “If reference be had to its use, in the common affairs of the world, or in approved authors, we find that it frequently imports that one thing is convenient, or useful . . . to another.” Modern case law has translated that understanding into a rational-basis test that treats the issue of necessity as all but nonjusticiable; The Supreme Court has never found a congressional law unconstitutional on the ground that it was not “necessary . . . …


Golden Shares And Social Enterprise, Naveen Thomas Jul 2022

Golden Shares And Social Enterprise, Naveen Thomas

Faculty Scholarship

No abstract provided.


Timeout For Sports Trademark Overprotection: Comparing The United States, European Union, And United Kingdom, Jodi S. Balsam Apr 2022

Timeout For Sports Trademark Overprotection: Comparing The United States, European Union, And United Kingdom, Jodi S. Balsam

Faculty Scholarship

No abstract provided.


Forum Selection Clauses, Non-Signatories, And Personal Jurisdiction, Robin Effron, John F. Coyle Nov 2021

Forum Selection Clauses, Non-Signatories, And Personal Jurisdiction, Robin Effron, John F. Coyle

Faculty Scholarship

No abstract provided.


Movement Law, Jocelyn Simonson, Amna A. Akbar, Sameer M. Ashar Apr 2021

Movement Law, Jocelyn Simonson, Amna A. Akbar, Sameer M. Ashar

Faculty Scholarship

No abstract provided.


Pernicious Loyalty, Andrew S. Gold Mar 2021

Pernicious Loyalty, Andrew S. Gold

Faculty Scholarship

No abstract provided.


Conscience Leave, Andrew K. Jennings Jan 2021

Conscience Leave, Andrew K. Jennings

Faculty Scholarship

No abstract provided.


From Loyalty To Justice, Andrew S. Gold Dec 2020

From Loyalty To Justice, Andrew S. Gold

Faculty Scholarship

No abstract provided.


Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Aaron D. Twerski, Edward J. Janger Oct 2020

Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Aaron D. Twerski, Edward J. Janger

Faculty Scholarship

No abstract provided.


How To Fix Legal Scholarmush, Adam J. Kolber Oct 2020

How To Fix Legal Scholarmush, Adam J. Kolber

Faculty Scholarship

No abstract provided.


The Internal Limits On Fiduciary Loyalty, Andrew S. Gold Jun 2020

The Internal Limits On Fiduciary Loyalty, Andrew S. Gold

Faculty Scholarship

No abstract provided.


Why We (Probably) Must Deliberately Infect, Adam J. Kolber May 2020

Why We (Probably) Must Deliberately Infect, Adam J. Kolber

Faculty Scholarship

No abstract provided.


Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, K. Sabeel Rahman, Amy Kapczynski, David Singh Grewel, Jedediah Britton-Purdy Apr 2020

Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, K. Sabeel Rahman, Amy Kapczynski, David Singh Grewel, Jedediah Britton-Purdy

Faculty Scholarship

No abstract provided.


Transnational Fiduciary Law, Tamar Frankel Apr 2020

Transnational Fiduciary Law, Tamar Frankel

Faculty Scholarship

Fiduciary law is expanding throughout the world.1 It seems to be a new phenomenon, but in reality, it is not. Fiduciary law is ancient. It existed centuries ago in Mesopotamia, 2 Rome, 3 Egypt,4 Greece,5 as well as in Jewish 6 and Christian laws.7 Fiduciary duties arguably developed later in Great Britain when master landlords left for the holy land on religious crusades and had to rely on others to manage their estates.8 The ancient rules, such as those found in agency law in Mesopotamia, may not have been as sophisticated as the current ones-such …


There’S Feminism In These Judgments, Anita Bernstein Jan 2020

There’S Feminism In These Judgments, Anita Bernstein

Faculty Scholarship

No abstract provided.


(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein Jan 2020

(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein

Faculty Scholarship

No abstract provided.


An Essay On The Quieting Of Products Liability Law, Aaron Twerski Jan 2020

An Essay On The Quieting Of Products Liability Law, Aaron Twerski

Faculty Scholarship

No abstract provided.


Oliver Evans And The Framing Of American Patent Law, Christopher Beauchamp Jan 2020

Oliver Evans And The Framing Of American Patent Law, Christopher Beauchamp

Faculty Scholarship

No abstract provided.


Negative Liberty Meets Positive Social Change, Anita Bernstein Dec 2019

Negative Liberty Meets Positive Social Change, Anita Bernstein

Faculty Scholarship

No abstract provided.


Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod Jul 2019

Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod

Faculty Scholarship

No abstract provided.


Navigating Introvert Hell, Heidi K. Brown Jul 2019

Navigating Introvert Hell, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Angelo Lee Apr 2019

Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Angelo Lee

Faculty Scholarship

No abstract provided.


Repealing Patents, Christopher Beauchamp Mar 2019

Repealing Patents, Christopher Beauchamp

Faculty Scholarship

No abstract provided.


Face Fear - Don't Fake It, Heidi K. Brown Mar 2019

Face Fear - Don't Fake It, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Love's Labors Found, Nicholas Allard Jan 2019

Love's Labors Found, Nicholas Allard

Faculty Scholarship

No abstract provided.


Reporting Certainty, James Macleod Jan 2019

Reporting Certainty, James Macleod

Faculty Scholarship

No abstract provided.


Defusing Bullies, Heidi K. Brown Jan 2019

Defusing Bullies, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Externship Assessment Project: An Empirical Study Of Supervisor Evaluations Of Extern Work Performance, Jodi S. Balsam, Margaret Reuter Oct 2018

Externship Assessment Project: An Empirical Study Of Supervisor Evaluations Of Extern Work Performance, Jodi S. Balsam, Margaret Reuter

Faculty Scholarship

No abstract provided.


Supreme Judicial Bullshit, Adam J. Kolber Apr 2018

Supreme Judicial Bullshit, Adam J. Kolber

Faculty Scholarship

No abstract provided.