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Articles 1 - 30 of 225
Full-Text Articles in Law
Natural Law, Slavery, And The Right To Privacy Tort, Anita L. Allen
Natural Law, Slavery, And The Right To Privacy Tort, Anita L. Allen
All Faculty Scholarship
In 1905 the Supreme Court of Georgia became the first state high court to recognize a freestanding “right to privacy” tort in the common law. The landmark case was Pavesich v. New England Life Insurance Co. Must it be a cause for deep jurisprudential concern that the common law right to privacy in wide currency today originated in Pavesich’s explicit judicial interpretation of the requirements of natural law? Must it be an additional worry that the court which originated the common law privacy right asserted that a free white man whose photograph is published without his consent in …
The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh
The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh
All Faculty Scholarship
Not all copying constitutes copyright infringement. Quite independent of fair use, copyright law requires that an act of copying be qualitatively and quantitatively significant enough or “substantially similar” for it to be actionable. Originating in the nineteenth century, and entirely the creation of courts, copyright’s requirement of “substantial similarity” has thus far received little attention as an independently meaningful normative dimension of the copyright entitlement. This Article offers a novel theory for copyright’s substantial-similarity requirement by placing it firmly at the center of the institution and its various goals and purposes. As a common-law-style device that mirrors the functioning of …
Reconstruction And Resistance, Kermit Roosevelt Iii
Reconstruction And Resistance, Kermit Roosevelt Iii
All Faculty Scholarship
This review essay considers Jack Balkin’s two recent books, Living Originalism and Constitutional Redemption. It argues that Balkin’s theoretical contribution is substantial. His reconciliation of originalism and living constitutionalism is correct and should mark a real advance in constitutional theory and scholarship. Political considerations may, however, complicate its reception. Something like political considerations seem also to have complicated Balkin’s theory. He suggests that we may think of American constitutional history as an attempt to redeem the promises of the Declaration of Independence. I argue that the Reconstruction Amendments are a much more appropriate focus for redemption and speculate that Balkin …
Interpretation And Construction In Altering Rules, Gregory Klass
Interpretation And Construction In Altering Rules, Gregory Klass
Georgetown Law Faculty Publications and Other Works
This essay is a response to Ian Ayres's, "Regulating Opt-Out: An Economic Theory of Altering Rules," 121 Yale L.J. 2032 (2012). Ayres identifies an important question: How does the law decide when parties have opted-out of a contractual default? Unfortunately, his article tells only half of the story about such altering rules. Ayres cares about rules designed to instruct parties on how to get the terms that they want. By focusing on such rules he ignores altering rules designed instead to interpret the nonlegal meaning of the parties' acts or agreement. This limited vision is characteristic of economic approaches to …
What’S Right About The Medical Model In Human Subjects Research Regulation, Heidi Li Feldman
What’S Right About The Medical Model In Human Subjects Research Regulation, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
Critics of Institutional Review Board (IRB) practices often base their charges on the claim that IRB review began with and is premised upon a "medical model" of research, and hence a "medical model" of risk. Based on this claim, they charge that IRB review, especially in the social and behavioral sciences, has experienced "mission creep". This paper argues that this line of critique is fundamentally misguided. While it remains unclear what critics mean by "medical model", the point of contemporary human research subjects regulation remains the same across all domains of research. That point is to protect the autonomy of …
Prelude To A Master Plan: Ware, Massachusetts, Belen Alfaro, Bruno Carneiro, Margaret Engesser, Kathryn E. Fox, Evadne R. Friedman, Timothy Inacio, Anita Lockesmith, Christina Mills, Stephanie Molden, Meagen Mulherin, Russell Pandres, Vinicius Pereira, Brian Reid, Pedro Soto, Jennifer Stromsten
Prelude To A Master Plan: Ware, Massachusetts, Belen Alfaro, Bruno Carneiro, Margaret Engesser, Kathryn E. Fox, Evadne R. Friedman, Timothy Inacio, Anita Lockesmith, Christina Mills, Stephanie Molden, Meagen Mulherin, Russell Pandres, Vinicius Pereira, Brian Reid, Pedro Soto, Jennifer Stromsten
Landscape Architecture & Regional Planning Studio and Student Research and Creative Activity
Prelude to a Master Plan offers ideas, recommendations, and a toolkit to help the town chart its own path towards that future. While the teams and individual students worked to ‘drill down’ into specific topic areas, the Studio defined three basic areas in order to think about how the various assets, challenges and ideas undermine or reinforce one another. The report is loosely organized in those terms: addressing the outlying rural areas and issues specific to these places, considering one of the key growth areas that has extended from town and the conflicts that arise from the many uses occurring …
Multiculturalist Liberalism And Harms To Women: Lookin Through The Issue Of "The Veil", Anissa Helie, Marie Ashe
Multiculturalist Liberalism And Harms To Women: Lookin Through The Issue Of "The Veil", Anissa Helie, Marie Ashe
Publications and Research
Hélie & Ashe law review writing raises and responds to a reformulated and broadened version of Susan Okin’s 1999 inquiry, Is Multiculturalism Bad for Women? It identifies social and political developments, as well as legal and theoretical developments, that have occurred in the 21st century and that demand that reformulation.
Not limiting itself (as did Okin’s question) to interrogating the relationship between women’s equality interests and interests in “religious freedom” advanced by minority-religious groups, Hélie & Ashe is the broader inquiry, critical for liberal theory of the 21st century which has been greatly affected by the “ethos …
Preventing Sexual Harassment, Sexual Bullying, Sexual Abuse, Acquaintance Rape, And Date Rape Among Students At Middletown High School In Middletown, Ohio: A Teacher Resource Guide And A Student Awareness Pamphlet, Michelle Amrein
Master of Humanities Capstone Projects
No abstract provided.
An Insider's Guide To Notre Dame Law School 2012, Notre Dame Law School
An Insider's Guide To Notre Dame Law School 2012, Notre Dame Law School
About the Law School
We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That's why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you'll be as eager to join us as we are to have …
Hauerwasian Christian Legal Theory, David A. Skeel Jr.
Hauerwasian Christian Legal Theory, David A. Skeel Jr.
All Faculty Scholarship
This Essay, which was written for a Law and Contemporary Problems symposium on Stanley Hauerwas, tries to develop an account of public engagement in Hauerwas’ theology. The Essay distinguishes between two kinds of public engagement, “prophetic” and “participatory.” Christian engagement is prophetic when it criticizes or condemns the state, often by urging the state to honor or alter its true principles. In participatory engagement, by contrast, the church intervenes more directly in the political process, as when it works with lawmakers or mobilizes grass roots action. Prophetic engagement is often one-off; participatory engagement is more sustained. Because they worry intensely …
States' Rights Apogee, 1760-1840, Ryan Setliff
States' Rights Apogee, 1760-1840, Ryan Setliff
Masters Theses
America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky Resolutions would gain …
Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman
Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman
Department of Justice Studies Faculty Scholarship and Creative Works
Extensive research dealing with gender-based perceptions of fear of crime has generally found that women express greater levels of fear compared to men. Further, studies have found that women engage in more self-protective behaviors in response to fear of crime, as well as have different levels of confidence in government efficacy relative to men. The majority of these studies have focused on violent and property crime; little research has focused on gender-based perceptions of the threat of bioterrorism. Using data from a national survey conducted by ABC News / Washington Post, this study contrasted perceptions of safety and fear in …
Agenda: 2012 Energy Justice Conference And Technology Exposition, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. Colorado European Union Center Of Excellence, University Of Colorado Boulder. Presidents Leadership Institute
Agenda: 2012 Energy Justice Conference And Technology Exposition, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. Colorado European Union Center Of Excellence, University Of Colorado Boulder. Presidents Leadership Institute
2012 Energy Justice Conference and Technology Exposition (September 17-18)
Co-sponsored with the Colorado European Union Center of Excellence and the Presidents Leadership Institute at the University of Colorado Boulder.
The ability to harness energy is fundamental to economic and social development. Worldwide, almost 3 billion people have little or no access to beneficial energy resources for cooking, heating, water sanitation, illumination, transportation, or basic mechanical needs. Energy poverty exacerbates ill health and economic hardship, and reduces educational opportunities, particularly for women and children. Specifically, access to efficient and affordable energy services is a prerequisite for achieving the Millennium Development Goal (MDG) relating to poverty eradication.
In response, the UN …
Thomas, B. W. And Edward Davis (Sc 721), Manuscripts & Folklife Archives
Thomas, B. W. And Edward Davis (Sc 721), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 721. Writ of fi. fa., 1840, against the estate of B. W. Thomas and Edward Davis of McCracken County, Kentucky, for a debt owed to James Brown. Property sold at an auction included two enslaved persons.
Bowling Green Railway Company - Bowling Green, Kentucky (Sc 703), Manuscripts & Folklife Archives
Bowling Green Railway Company - Bowling Green, Kentucky (Sc 703), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 703. Records from Warren County Circuit Court Case #2043 pertaining to a lawsuit filed against the Bowling Green Railway Company after a thirteen-year-old boy, Herman Lewis, died on 31 October 1910 when a street railway car ran over him.
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2012 Tsu Undergraduate Research Program, David Owerbach
2012 Tsu Undergraduate Research Program, David Owerbach
Office of Research Institutional Research and Scholarship
No abstract provided.
How To Get To The Other Side Of Emotional Pain, Ronnie Moore
How To Get To The Other Side Of Emotional Pain, Ronnie Moore
Doctoral Dissertations and Projects
The purpose of this dissertation is to provide a resource of approaches to deal with pain and guide in the direction of getting to the other side of pain. This project is used from a journey of painful events. The study is performed from literature, research and personal experiences. Therefore, this dissertation will provide and allow a person a valuable resource to deal with emotional pain and painful situations as well as provide several tools to get to the other side of emotional pain. It will also show how to understand emotional pain and work through the most devastating hurt …
Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections, Meryl Chertoff, Dustin F. Robinson
Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections, Meryl Chertoff, Dustin F. Robinson
Georgetown Law Faculty Publications and Other Works
States that elect judges are heir to a populist tradition dating back to the Jacksonian era. In the spectrum between independence and accountability, these states emphasize accountability. Systems vary from state to state, and even within states there may be geographic diversity or different selection systems for different levels of courts. Elections can be partisan or non-partisan, contested, or, as in merit-selection states, retention. Some states have dabbled in public financing of judicial elections. Reformers are most critical of contested partisan elections. Those are the elections where the most money is spent, the nastiest ads aired, and the dignity of …
Political Authority And Political Obligation, Stephen R. Perry
Political Authority And Political Obligation, Stephen R. Perry
All Faculty Scholarship
Legitimate political authority is often said to involve a “right to rule,” which is most plausibly understood as a Hohfeldian moral power on the part of the state to impose obligations on its subjects (or otherwise to change their normative situation). Many writers have taken the state’s moral power (if and when it exists) to be a correlate, in some sense, of an obligation on the part of the state’s subjects to obey its directives. Thus legitimate political authority is said to entail a general obligation to obey the law, and a general obligation to obey the law is said …
English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney
English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney
Faculty Publications
Article looks at a historical problem—the first use of case law by English royal justices in the thirteenth century—and makes it a starting point for thinking about the ways legal reasoning works in the modern common law. In the first Part of the Article, I show that, at its origin, the English justices’ use of decided cases as a source of law was inspired by the work civil and canon law scholars were doing with written authorities in the medieval universities. In an attempt to make the case that English law was on par with civil law and canon law, …
Constitutional Principles, David B. Lyons
Constitutional Principles, David B. Lyons
Faculty Scholarship
Principles that are not given by the constitutional text are sometimes attributed to the Constitution. This is done within Professor Balkin’s “framework originalism.”1 The question I wish to consider is how it may properly be done. How can it be shown that the Constitution is committed tacitly to a given principle? I shall discuss Balkin’s theory with that question in mind.
Shakers - South Union, Kentucky - Legal Papers (Sc 631), Manuscripts & Folklife Archives
Shakers - South Union, Kentucky - Legal Papers (Sc 631), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 631. Photocopies of legal papers pertaining to lawsuit brought by Sally Boles in which she sought and obtained a divorce from her husband William, who united with the Shakers in 1808 and left her and their three children to join the Shaker settlement at South Union, Kentucky, in 1811. The case was first tried in Logan County, then in Barren County.
New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo
New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
Interview With Ernest F. “Fritz” Hollings By Andrea L’Hommedieu, Ernest 'Fritz' F. Hollings
Interview With Ernest F. “Fritz” Hollings By Andrea L’Hommedieu, Ernest 'Fritz' F. Hollings
George J. Mitchell Oral History Project
Biographical Note
Ernest F. “Fritz” Hollings served in WWII, represented Charleston in the S.C. House, 1949-1954, and served as Lt. Governor and Governor, 1955-1963, and U.S. Senator, 1966-2005. In the House, he supported anti-lynching legislation, a sales tax for education, an increase in teacher salaries, and unemployment compensation reform. He went after industrial interests as Lt. Governor and built on this success as Governor. He worked to improve the state's educational system at all levels, develop industry, and balance the budget. As Senator, he cultivated a lasting interest and devotion to issues including campaign financing, international trade, public education, space …
Browning, George Strother, 1789-1849 (Sc 598), Manuscripts & Folklife Archives
Browning, George Strother, 1789-1849 (Sc 598), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scan (Click on "additional files" below) for Manuscripts Small Collection 598. Memorandum book of George Strother Browning, Russellville, Kentucky, pertaining to the estate of John Duncan, of which Browning was administrator, 1825-1834; listing of property Browning gave to Duncan’s children, 1831-1847; and various receipts.
Gatewood, Williamson (Sc 595), Manuscripts & Folklife Archives
Gatewood, Williamson (Sc 595), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 595. Legal papers, including license, 1808, copy of patent, 1812, with attached drawing of machine for shelling corn invented by Paul Pilsbury in 1803, and papers pertaining to lawsuit which evolved from the purchasing of the license by Williamson Gatewood of Bowling Green, Kentucky, for rights to sell the machine south of the Green River in Kentucky, 1812-1815. From Warren County Circuit Court Records #149.
Hanna, John Harris, 1787?-1861 (Sc 559), Manuscripts & Folklife Archives
Hanna, John Harris, 1787?-1861 (Sc 559), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scan (Click on "additional files" below) for Manuscripts Small Collection 559. Form book owned and probably kept by John Harris Hanna, of Frankfort, Kentucky, as a law student. Contains examples of how to conduct various legal actions such as oaths, writs, and court proceedings. Index in back. Handwriting varies.
In Memorium: Bernard Wolfman, Michael A. Fitts
In Memorium: Bernard Wolfman, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll
Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll
Articles in Law Reviews & Other Academic Journals
Copyright law grants authors certain rights of creative control over their works. This Article argues that these right of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to …
Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell
Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell
Scholarly Works
From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process” have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was …