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Articles 1591 - 1620 of 8640
Full-Text Articles in Law
Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates
Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates
West Virginia Law Review
No abstract provided.
Bump, Set, Spiked: Determining Whether The National Collegiate Athletic Association Is A Recipient Of Federal Funds Under Title Ix, Matthew P. Hamner
Bump, Set, Spiked: Determining Whether The National Collegiate Athletic Association Is A Recipient Of Federal Funds Under Title Ix, Matthew P. Hamner
Missouri Law Review
Since the enactment of the Education Amendments of 1972, a major issue facing the National Collegiate Athletic Association ("NCAA") and its member schools has been the applicability of Title IX of the Amendments to those organizations. Title IX provides that no organization that operates educational programs may discriminate on the basis of sex if that program receives federal financial assistance Like many other federal antidiscrimination acts, the main debate under Title IX involves when a particular organization can be deemed to be "receiving" federal financial assistance. While the majority of NCAA member schools receive federal funds, the NCAA as an …
High Profile Cases In A Technological Age, Susan Webber Wright
High Profile Cases In A Technological Age, Susan Webber Wright
Missouri Law Review
What I will try to describe this afternoon is the confluence of these two developments: the increased interest in courts, particularly the high-profile case, and the development and spread of sophisticated technology. As a social and public institution, the courts are obligated to address public demands not only by providing a forum for the administration of justice, but also by providing the means by which interested members of the public can observe court proceedings and gain access to public documents. I will describe some of the things courts are doing to respond to these demands. Next, I will try to …
Expressive Commerce In Cyberspace: Public Goods, Network Effects, And Free Speech, Daniel C. Farber
Expressive Commerce In Cyberspace: Public Goods, Network Effects, And Free Speech, Daniel C. Farber
Georgia State University Law Review
No abstract provided.
Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz
Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz
Michigan Telecommunications & Technology Law Review
...information content providers who depend heavily on copyright law are growing increasingly wary of advances in digital technology that allow manipulation of their content and potentially diminish the effectiveness of their copyright protection. Technology firms, on the other hand, are looking more and more at developing products which provide low-cost, high quality access to content without restriction. Thus, as technologists work feverishly to find new ways to free up information, content providers are fighting just as hard to constrain access in order to prevent market-killing duplication and distribution of their works. These two codependent yet clashing interest groups recently met …
Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum
Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum
Michigan Telecommunications & Technology Law Review
The purpose of this comment is to analyze the potential First Amendment implications of the appearance of bomb-making instructions on the Web in the United States. Moreover, this comment will ultimately consider the notion that "because Brandenburg allows consideration of all the unique characteristics of the Web, there is no reason to formulate new jurisprudence merely because of new technology." Part II examines the seminal cases in the area of speech action, including Schenck v. United States, Hess v. Indiana, and Brandenburg v. Ohio, and the adulations and criticisms that resulted from these cases. Part III discusses the civil cases …
Looking A Gift Horse In The Mouth: An Analysis Of Free Internet Stock Offerings, Joel Michael Schwarz
Looking A Gift Horse In The Mouth: An Analysis Of Free Internet Stock Offerings, Joel Michael Schwarz
Michigan Telecommunications & Technology Law Review
How much should an investor pay for one share of stock in Yahoo? Or a share of stock in America Online? As publicly traded companies, one need only consult the stock charts in any local newspaper to determine the value the market has placed on these shares. Despite what many Internet sector analysts have professed to be astronomically high valuations, these publicly traded companies possess easily verifiable valuations determined by the free market forces that constitute the building blocks of our economy, and safeguarded by the oversight of federal regulators such as the Securities & Exchange Commission ("SEC"). But what …
Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler
Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler
Michigan Telecommunications & Technology Law Review
Though the rapid development of the Internet has created a fertile ground for legal innovation, more often than not legislators and courts have sought to address this relatively new medium by attempting to squeeze it into precedents and paradigms better suited to older forms of communication, technology, and media. Part I of this article looks back at the courts' initial efforts at addressing defamation via the Internet. From the start the courts attempted to fit the role of the ISP into the common law's categorizing of print media as either "publishers" or "distributors" of information. One court's misstep in overextending …
Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert
Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert
Michigan Telecommunications & Technology Law Review
Quite simply, telemedicine symbolizes and catalyzes the clash between the reality of our legal and political approach to health care and the American dream of bringing health care to all patients. Telemedicine, like our health care delivery systems, is regulated by many layers of government. Unlike other issues, telemedicine cuts through and challenges the traditional controls of access and cost. As such, telemedicine is a microcosm of our health care delivery system and a lens through which one may analyze the obstacles to access in the current system. This article examines these issues, proposes that telemedicine's goal should be to …
The United Mall Of America: Free Speech, State Constitutions, And The Growing Fortress Of Private Property, Jennifer Niles Coffin
The United Mall Of America: Free Speech, State Constitutions, And The Growing Fortress Of Private Property, Jennifer Niles Coffin
University of Michigan Journal of Law Reform
Scholars have called the shopping mall the modern replacement for the traditional town square, a claim that is supported by both public investment in infrastructure through municipal and state bond issues and by the presence of public services and events in many malls. Mall owners and tenants have exploited this quasi public character by inviting government agencies to become tenants in the malls ("City Hall at the Mall") despite claiming that malls are private property where constitutionally protected freedoms do not apply. After an initial and shortlived ruling that mall visitors do indeed have free speech rights, the Supreme Court …
Drag = Blackface, Kelly Kleiman
Drag = Blackface, Kelly Kleiman
Chicago-Kent Law Review
Performance in drag is indistinguishable conceptually from performance in blackface, yet the former is embraced while the latter is shunned. This Essay argues that the analogy is powerful enough to justify making drag performance anathema. It outlines the parallel features of the two modes of performance and then rebuts the com- mon defenses of drag performance-that drag subverts gender stereotypes, that it is a matter of private sexual compulsion, that it is a privileged activity of gay men, and that it's just a joke.
Pretrial Mediation Of Complex Scientific Cases: A Proposal To Reduce Jury And Judicial Confusion, Susan E. Cowell
Pretrial Mediation Of Complex Scientific Cases: A Proposal To Reduce Jury And Judicial Confusion, Susan E. Cowell
Chicago-Kent Law Review
This Note proposes pretrial mediation using scientist-mediators for complex scientific disputes. Complex scientific disputes reflect the inherent tension between law and science. This tension results in dissatisfaction among judges, juries, and scientists because of the uncertainties embraced by science, but eschewed by law. Pretrial mediation would address some of these uncertainties before they are introduced into the courtroom. In short, the proposed pretrial mediation should reduce jury confusion and provide judges with guidance to assess the admissibility of scientific evidence and expert opinions by eliminating and clarifying scientific issues.
The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver
The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver
University of Michigan Journal of Law Reform
Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …
Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein
Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein
University of Michigan Journal of Law Reform
Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger …
Introduction, Alan J. Heinrich
The Hypocrisy Of Alden V. Maine: Judicial Review, Sovereign Immunity And The Rehnquist Court, Erwin Chemerinsky
The Hypocrisy Of Alden V. Maine: Judicial Review, Sovereign Immunity And The Rehnquist Court, Erwin Chemerinsky
Loyola of Los Angeles Law Review
No abstract provided.
Judicial V. Congressional Federalism: The Implications Of The New Federalism Decisions On Mass Tort Cases And Other Complex Litigation, Georgene Vairo
Judicial V. Congressional Federalism: The Implications Of The New Federalism Decisions On Mass Tort Cases And Other Complex Litigation, Georgene Vairo
Loyola of Los Angeles Law Review
No abstract provided.
The Eleventh Amendment Cases: Going Too Far With Judicial Neofederalism, James G. Wilson
The Eleventh Amendment Cases: Going Too Far With Judicial Neofederalism, James G. Wilson
Loyola of Los Angeles Law Review
No abstract provided.
Parental Responsibility Laws: Let The Punishment Fit The Crime, Pamela K. Graham
Parental Responsibility Laws: Let The Punishment Fit The Crime, Pamela K. Graham
Loyola of Los Angeles Law Review
No abstract provided.
Points Against Postmodernism, Catharine A. Mackinnon
Points Against Postmodernism, Catharine A. Mackinnon
Chicago-Kent Law Review
In this Essay, MacKinnon pointedly contends with a central tropism in much postmodernism to "de-realize" reality, contrasting it with feminism's epistemic and legal accomplishments and potential in remaking the world for women.
Analyzing Women's Use Of The Internet Through The Rights Debate, Reem Bahdi
Analyzing Women's Use Of The Internet Through The Rights Debate, Reem Bahdi
Chicago-Kent Law Review
Women's use of the Internet has received very little attention from feminist legal commentators. While they increasingly turn to it as a source of information and as an advocacy tool, feminist legal scholars and advocates have failed to analyze the Internet in terms of its significance to women. In this Essay, Bahdi argues that feminists must be concerned that access to the Internet is often limited to relatively privileged women in relatively privileged countries. Yet, we can harness the Internet in the promotion of women's rights and recognize it as an important feminist medium, as long as we understand its …
Government Regulation Gets The Finger From A Feisty Frog: Bad Frog Brewery, Inc. V. New York State Liquor Authority, Jennifer Brown
Government Regulation Gets The Finger From A Feisty Frog: Bad Frog Brewery, Inc. V. New York State Liquor Authority, Jennifer Brown
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
An Economic Critique Of Free Trade In Media Products, C. Edwin Baker
An Economic Critique Of Free Trade In Media Products, C. Edwin Baker
North Carolina Law Review
No abstract provided.
The Drug Court Scandal, Morris B. Hoffman
The Drug Court Scandal, Morris B. Hoffman
North Carolina Law Review
No abstract provided.
O'Sullivan V. Boerckel And The Default Of State Prisoners' Federal Claims: Comity Or Tragedy, R. Stephen Painter Jr.
O'Sullivan V. Boerckel And The Default Of State Prisoners' Federal Claims: Comity Or Tragedy, R. Stephen Painter Jr.
North Carolina Law Review
No abstract provided.
Economic Implications Of State Sovereign Immunity From Infringement Of Federal Intellectual Property Rights, Peter S. Menell
Economic Implications Of State Sovereign Immunity From Infringement Of Federal Intellectual Property Rights, Peter S. Menell
Loyola of Los Angeles Law Review
No abstract provided.
Deific Decree: The Short, Happy Life Of A Pseudo-Doctrine, Christopher Hawthorne
Deific Decree: The Short, Happy Life Of A Pseudo-Doctrine, Christopher Hawthorne
Loyola of Los Angeles Law Review
No abstract provided.
Employing Common Sense In West Virginia Trial Courts: Encouraging Juror Note-Taking And The Questioning Of Witnesses By Jurors, Leslie Miller-Stover
Employing Common Sense In West Virginia Trial Courts: Encouraging Juror Note-Taking And The Questioning Of Witnesses By Jurors, Leslie Miller-Stover
West Virginia Law Review
No abstract provided.
Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown
Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown
West Virginia Law Review
No abstract provided.
Sexual Harassment On The Second Shift: The Misfit Application Of Title Vii Employment Standards To Title Viii Housing Cases, Nicole A. Forkenbrock Lindemyer
Sexual Harassment On The Second Shift: The Misfit Application Of Title Vii Employment Standards To Title Viii Housing Cases, Nicole A. Forkenbrock Lindemyer
Minnesota Journal of Law & Inequality
No abstract provided.