Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (279)
- Constitutional Law (242)
- International Law (240)
- Criminal Law (232)
- Legal Education (193)
-
- Law and Society (141)
- Civil Rights and Discrimination (136)
- Business Organizations Law (135)
- Criminal Procedure (135)
- Property Law and Real Estate (131)
- Health Law and Policy (130)
- Environmental Law (124)
- Law and Economics (124)
- Public Affairs, Public Policy and Public Administration (120)
- Intellectual Property Law (116)
- Legislation (112)
- Courts (108)
- State and Local Government Law (104)
- Administrative Law (103)
- Jurisprudence (103)
- Natural Resources Law (97)
- Legal History (90)
- Family Law (88)
- Human Rights Law (88)
- Labor and Employment Law (82)
- Antitrust and Trade Regulation (78)
- Arts and Humanities (77)
- Judges (75)
- Tax Law (74)
- Institution
-
- Brigham Young University Law School (765)
- University of Chicago Law School (163)
- Georgetown University Law Center (121)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (121)
- University of Minnesota Law School (118)
-
- Columbia Law School (110)
- Duke Law (103)
- University of Colorado Law School (95)
- University of Michigan Law School (95)
- University of Pennsylvania Carey Law School (93)
- Maurer School of Law: Indiana University (87)
- BLR (85)
- William & Mary Law School (85)
- George Washington University Law School (77)
- Boston University School of Law (75)
- Cornell University Law School (71)
- Case Western Reserve University School of Law (68)
- Golden Gate University School of Law (68)
- University of Maryland Francis King Carey School of Law (67)
- American University Washington College of Law (53)
- Texas A&M University School of Law (51)
- University of Georgia School of Law (51)
- Notre Dame Law School (48)
- University of Nebraska - Lincoln (48)
- Vanderbilt University Law School (46)
- University of New Mexico (42)
- Pace University (41)
- University of Richmond (41)
- University of Wollongong (41)
- Chicago-Kent College of Law (39)
- Keyword
-
- Law (65)
- Law and Economics (43)
- Constitutional Law (41)
- International law (41)
- Supreme Court (37)
-
- Criminal Law and Procedure (35)
- Copyright (34)
- Human rights (33)
- Discrimination (32)
- Communal forests (30)
- Community forests (30)
- Community-owned forests (30)
- Federalism (29)
- LSU Student Government (29)
- United States Supreme Court (29)
- Corporations (28)
- Ethics (28)
- Economics (27)
- Jurisprudence (27)
- Antitrust (26)
- Constitutional law (26)
- Race (26)
- Intellectual property (25)
- International Law (25)
- Legislation (24)
- Regulation (24)
- Contracts (23)
- Courts (23)
- Terrorism (23)
- United States (23)
- Publication
-
- Utah Court of Appeals Briefs (1996–2006) (710)
- Faculty Scholarship (548)
- Articles (258)
- Faculty Publications (193)
- All Faculty Scholarship (179)
-
- Scholarly Works (117)
- Georgetown Law Faculty Publications and Other Works (82)
- GW Law Faculty Publications & Other Works (77)
- Nevada Supreme Court Summaries (76)
- Publications (75)
- Journal Articles (70)
- Cornell Law Faculty Publications (62)
- Faculty Articles (57)
- Law Faculty Publications (54)
- Vanderbilt Law School Faculty Publications (46)
- Articles by Maurer Faculty (45)
- Scholarly Articles (44)
- Utah Supreme Court Briefs (2000– ) (44)
- Minnesota Law Review (43)
- Articles in Law Reviews & Other Academic Journals (42)
- Elisabeth Haub School of Law Faculty Publications (41)
- Faculty Publications & Other Works (36)
- Coase-Sandor Working Paper Series in Law and Economics (35)
- UF Law Faculty Publications (34)
- Court Review: The Journal of the American Judges Association (32)
- Public Law and Legal Theory Working Papers (31)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (30)
- Indiana Law Annotated (30)
- Research Collection Yong Pung How School Of Law (30)
- Student Senate Enrolled Legislation (30)
- File Type
Articles 4321 - 4341 of 4341
Full-Text Articles in Law
Non-Violation Complaints: Wto Issues And Recent Free Trade Agreements, Locknie Hsu
Non-Violation Complaints: Wto Issues And Recent Free Trade Agreements, Locknie Hsu
Research Collection Yong Pung How School Of Law
The proliferation of free trade agreements (FTAs) in the last decade has resulted in an accompanying increase in dispute settlement regimes pertaining to those agreements. One obvious consequence is that increasingly, states are exposing themselves to such complaints, and not necessarily with the limitations that have been imposed on the at General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO). The inherent ambiguity surrounding non-violation complaints at the WTO, and other risks relating to such complaints, are being multiplied manifold by these FTAs. The non-violation concept appears to have originated even before the GATT came into being. Developing-country FTA …
A Criminal Procedure Regime Based On Instrumental Values: A Review Of 'About Guilt And Innocence: The Origins, Development, And Future Of Constitutional Criminal Procedure,' By Donald A. Dripps (Prager Publishers, 2003), Tracey Maclin
Faculty Scholarship
Like many legal academics, Professor Donald Dripps believes that the Supreme Court's criminal procedure doctrine is a mess. Dripps believes that the Court's doctrine "is in large measure responsible for the failure of the criminal-procedure revolution" and contends that "current doctrine does not reflect prevailing (and justified) values about criminal process." To prove his claim, Dripps has written a book that expertly identifies the flaws, inconsistencies and missteps of the Court's constitutional criminal procedure cases dating back to the adoption of the Fourteenth Amendment. "About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure" is a comprehensive …
The 527 Problem ... And The Buckley Problem, Richard Briffault
The 527 Problem ... And The Buckley Problem, Richard Briffault
Faculty Scholarship
In the world of campaign finance, 2004 was without a doubt the year of the 527 organization. No other aspect of campaign financing received as much press coverage or public attention as the rise of the 527s. Expenditures by 527s – named after the section of the Internal Revenue Code under which they are organized – active in federal elections amounted to at least $405 million, accounting for more than one-tenth of total federal election spending and perhaps twenty to twenty-five percent of spending in the presidential campaign. Federal Election Commission ("FEC") Chairman Scott E. Thomas recently observed that "[there …
Community Legal Workers In Ontario: A Paralegal Case Study, Frederick H. Zemans
Community Legal Workers In Ontario: A Paralegal Case Study, Frederick H. Zemans
Articles & Book Chapters
This article examines the history of community legal workers in Ontario, within the context of the community legal clinic movement that began in Toronto, in the early seventies. Tracing the emergence and development of community legal clinics and how their role has changed, the author directly connects the changes in the legislation, as well as the administrative changes in clinic governance, to the shifting ro le of the CLW's within Ontario's community legal clinics. The article identifies the shift in the CLW's role from one largely of community outreach and education addressing systemic problems in access to justice, to one …
Allan Farnsworth, Ali Reporter, Lance Liebman
Allan Farnsworth, Ali Reporter, Lance Liebman
Faculty Scholarship
For my five years as Dean of Columbia Law School, I only occasion-ally worked with Professor Farnsworth. He was not a faculty member who needed the Dean's help or wanted the Dean's attention. But once he came to my office, a mischievous twinkle in his eye, to share the news that on that day, the recorded number of citations to Farnsworth on Contracts had moved into first place among all legal publications, displacing Williston.
Lost In Translation: From U.S. Corporate Charter Competition To Issuer Choice In International Securities Regulation, Frederick Tung
Lost In Translation: From U.S. Corporate Charter Competition To Issuer Choice In International Securities Regulation, Frederick Tung
Faculty Scholarship
Corporate charter competition among U.S. states has been held out as a model of welfare-enhancing regulatory competition. Proponents of this story also rely on it as a basis for promoting regulatory competition in international securities regulation. Issuer choice proponents argue that an issuer of securities should be permitted to choose the securities regulation of any nation to govern its securities offerings and trading worldwide. This Article challenges the notion that the claimed success of corporate charter competition among U.S. states argues in favor of issuer choice for international securities regulation.
Even granting the assumptions of race-to-the-top advocates and accepting the …
Laugh Track, Jay D. Wexler
Laugh Track, Jay D. Wexler
Faculty Scholarship
The Supreme Court may have its own police force, its own museum curator, and even its own basketball court, but unlike the courts of yore it has no Jester. As a result, the responsibility of delivering humor within the hallowed halls of One First Street falls squarely on the backs of the nine Justices themselves. But which Justice provides the best comic entertainment for the court watchers, lawyers, and staff that make up the Court’s audience on any given argument day? Surely many believe that Justice Scalia, with his acerbic wit and quick tongue, has provided the most laughs from …
Family Privacy And Death: Antigone, War, And Medical Research, George J. Annas
Family Privacy And Death: Antigone, War, And Medical Research, George J. Annas
Faculty Scholarship
Death ends the doctor–patient relationship, and legally the patient's right of privacy dies with the patient. Other privacy interests survive, the most central of which are those of the patient's family to bury the body and to prevent the disclosure of some personal information, such as medical information, about the deceased relative. Just what privacy interests encompass and when they can be overridden by other interests — such as freedom of speech or the claims of public policy or medical research — are evolving.1 Family privacy concerning a family member who has died is at the forefront of a …
Unspeakably Cruel: Torture, Medical Ethics, And The Law, George J. Annas
Unspeakably Cruel: Torture, Medical Ethics, And The Law, George J. Annas
Faculty Scholarship
Torture is a particularly horrible crime, and any participation of physicians in torture has always been difficult to comprehend. As General Telford Taylor explained to the American judges at the trial of the Nazi doctors in Nuremberg, Germany (called the “Doctors' Trial”), “To kill, to maim, and to torture is criminal under all modern systems of law . . . yet these [physician] defendants, all of whom were fully able to comprehend the nature of their acts . . . are responsible for wholesale murder and unspeakably cruel tortures.” Taylor told the judges that it was the obligation of the …
“Culture Of Life” Politics At The Bedside: The Case Of Terri Schiavo, George J. Annas
“Culture Of Life” Politics At The Bedside: The Case Of Terri Schiavo, George J. Annas
Faculty Scholarship
For the first time in the history of the United States, Congress met in a special emergency session on Sunday, March 20, to pass legislation aimed at the medical care of one patient — Terri Schiavo. President George W. Bush encouraged the legislation and flew back to Washington, D.C., from his vacation in Crawford, Texas, so that he could be on hand to sign it immediately. In a statement issued three days earlier, he said: “The case of Terri Schiavo raises complex issues. . . . Those who live at the mercy of others deserve our special care and concern. …
Cry Me A River: The Limits Of 'A Systemic Analysis Of Affirmative Action In American Law Schools', Angela Onwuachi-Willig, Kevin Johnson
Cry Me A River: The Limits Of 'A Systemic Analysis Of Affirmative Action In American Law Schools', Angela Onwuachi-Willig, Kevin Johnson
Faculty Scholarship
This article is a response to Richard H. Sander's article, A Systemic Analysis of Affirmative Action in American Law Schools, which recently appeared in the Stanford Law Review. In his article, Professor Sander argues that affirmative action in law schools harms, rather than helps, African American law students by setting up African American students, who are out-matched by their white peers in terms of undergraduate grade point average and LSAT scores, for failure. Specifically, Professor Sander contends that because affirmative action enables African Americans to attend law schools for which they are unqualified, they are more likely to perform poorly …
The Practice Of Marriage, Katharine B. Silbaugh
The Practice Of Marriage, Katharine B. Silbaugh
Faculty Scholarship
Over the past 40 years, robust law has developed addressing the treatment of non-marital cohabitants. Consequently, the government's gatekeeping role operates somewhat differently than before. States are now more clearly policing the social benefits and the symbolism accompanying marriage, having agreed to provide many of its legal benefits to non-marital couples. This article investigates the state's current role in articulating and managing, as well as responding to, the social meaning of marriage in the context of three recent high profile cases: the prosecution of polygamist Tom Green, the Goodridge same sex marriage case in Massachusetts, and the challenge to Michael …
Invention, Refinement And Patent Claim Scope: A New Perspective On The Doctrine Of Equivalents, Michael J. Meurer
Invention, Refinement And Patent Claim Scope: A New Perspective On The Doctrine Of Equivalents, Michael J. Meurer
Faculty Scholarship
The doctrine of equivalents (DOE) allows courts to expand the scope of patent rights granted by the Patent Office. The doctrine has been justified on fairness grounds, but it lacks a convincing economic justification. The standard economic justification holds that certain frictions block patent applicants from literally claiming appropriately broad rights, and thus, the DOE is available at trial to expand patent scope and overcome these frictions. The friction theory suffers from three main weaknesses. First, the theory is implausible on empirical grounds. Frictions such as limits of language, mistake, and unforeseeability are missing from the leading cases. Second, there …
The Nature Of Arbitral Authority: A Comment On Lesotho Highlands, William W. Park
The Nature Of Arbitral Authority: A Comment On Lesotho Highlands, William W. Park
Faculty Scholarship
Arbitration unfolds within an enclosure created by the contract terms and the applicable arbitration law. Some measure of judicial scrutiny must be imposed to ensure that an award does not fall beyond an arbitrator’s authority. But how should one identify excess of authority? The House of Lords decision in Lesotho Highlands v. Impreglio serves as a prism through which to separate several themes that inhere in the nature of arbitral authority. In rejecting arguments that an error about the currency of an award represented an excess of jurisdiction, their Lordships confirmed a healthy appreciation that arbitrators do not exceed their …
Constitutionalism, Judicial Review, And Progressive Change, Linda C. Mcclain, James E. Fleming
Constitutionalism, Judicial Review, And Progressive Change, Linda C. Mcclain, James E. Fleming
Faculty Scholarship
This paper evaluates arguments made in Ran Hirschl's powerful and sobering book, Towards Juristocracy: The Origins and Consequences of the New Constitutionalism (Harvard, 2004). Studying Canada, Israel, South Africa, and New Zealand, Hirschl aims to dispel what he views as the hollow hopes that constitutionalism and judicial review will bring about progressive change around the world. If Gerald Rosenberg, in his book, The Hollow Hope: Can Courts Bring About Social Change, focused on the hollow hopes of liberals for social change securing, e.g., racial equality (Brown) and women's reproductive freedom (Roe), Hirschl focuses on hollow hopes for progressive economic change …
Arbitration: Governance Benefits And Enforcement Costs, Keith N. Hylton
Arbitration: Governance Benefits And Enforcement Costs, Keith N. Hylton
Faculty Scholarship
These remarks, presented at the 2004 AALS Annual Meeting panel on civil procedure, review the economic theory of arbitration and related empirical evidence. For parties who can choose between alternative legal regimes, the key determinants of that choice are the governance benefits and enforcement costs connected to the rules under each regime. The choice between arbitration and litigation should be made on the same basis. The empirical literature, though sparse, suggests that superior governance benefits provide a significant reason for arbitration agreements.
Common Law Disclosure Duties And The Sin Of Omission: Testing The Meta-Theories, Kimberly Krawiec, Kathryn Zeiler
Common Law Disclosure Duties And The Sin Of Omission: Testing The Meta-Theories, Kimberly Krawiec, Kathryn Zeiler
Faculty Scholarship
Since ancient times, legal scholars have explored the vexing question of when and what a contracting party must disclose to her counterparty, even in the absence of explicit misleading statements. This fascination has culminated in a set of claims regarding which factors drive courts to impose disclosure duties on informed parties. Most of these claims are based on analysis of a small number of non-randomly selected cases and have not been tested systematically. This article represents the first attempt to systematically test a number of these claims using data coded from 466 case decisions spanning over a wide array of …
The Scope And Jurisprudence Of The Investment Management Regulation, Tamar Frankel
The Scope And Jurisprudence Of The Investment Management Regulation, Tamar Frankel
Faculty Scholarship
This Essay reviews three periods of investment company regulation by the Securities and Exchange Commission. It focuses on the period of 1975 to 2000 in which the Commission granted exemptions on conditions, thus deregulating and reregulating, case by case and finally codifying the exemptions in an exemptive rule. The Essay analyses this form of rule-making and compares it to prosecution, settlements, and initial rule-making that typifies the recent years. The Essay concludes that the common law method of legislation, especially when it involves a "bargain" between the regulators and law-abiding regulated institutions who wish to innovate, is likely to lead …
Copyright Norms And The Problem Of Private Censorship, Wendy J. Gordon
Copyright Norms And The Problem Of Private Censorship, Wendy J. Gordon
Faculty Scholarship
Copyright policy must resolve intelligently the tension between upstream and downstream creators, between incentives to create and incentives to use. Downstream at1thors who copy and transform others' images or words as an input to new creativity have. obvious free speech concerns. So do simple copiers in those many instances where even non-creative copying is essential for expressing one's ideas or allegiances.
Part of the tension is economic. Because virtually every author :needs access to predecessor texts, a legislature that increases copyright protection for ·today's creators simultaneously increases tomorrow's costs of creation 1 or use. But the issue goes far beyond …
Same Sex Marriage And Its Implications For Employee Benefits: Proceedings Of The 2005 Meeting Of The Association Of American Law Schools Sections On Employee Benefits, And Sexual Orientation And Gender Identity Issues, Maria O'Brien, Constance Hiatt, Shannon Minter, Teresa S. Collett
Same Sex Marriage And Its Implications For Employee Benefits: Proceedings Of The 2005 Meeting Of The Association Of American Law Schools Sections On Employee Benefits, And Sexual Orientation And Gender Identity Issues, Maria O'Brien, Constance Hiatt, Shannon Minter, Teresa S. Collett
Faculty Scholarship
Professor Maria O'Brien Hylton*: Welcome to this session on "Same Sex Marriage and its Implications for Employee Benefits." I'm Maria Hylton and I will introduce our speakers and moderate the program.
Our first speaker is Constance Hiatt, who is a partner with the Hanson Bridgett law firm here in San Francisco. She represents mostly large employers and large employee benefit plans, including the State of California's 401(k) and 457 plans as well as the University of California's benefits office. So, she has extensive experience in the employee benefits area and she came to us, to me really, through several …
Introduction, David J. Seipp
Introduction, David J. Seipp
Faculty Scholarship
Have we come to bury Lochner, or to praise it? Lochner v. New York,' decided 100 years ago, gave its name to an era in which judges struck down popular statutes that regulated hours, wages, and conditions of work, on grounds that such labor regulations violated a constitutional liberty of contract. After 1937, Lochnerism and Lochnerizing were more or less uniformly condemned by judges and law professors alike. Recently, some scholars have tried to resurrect the Lochner approach, presumably as a way to render much of the twentieth-century regulatory state unconstitutional.