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Articles 1 - 12 of 12
Full-Text Articles in Law
The War On Terrorism And The Constitution, Michael I. Meyerson
The War On Terrorism And The Constitution, Michael I. Meyerson
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Discussion of civil liberties during wartime often omit the fact that there can be no meaningful liberty at all if our homes and offices are bombed or our loved ones are killed or injured by acts of terror. The Government must be given the tools necessary to accomplish its vital mission. The first priority must be to win the war against terrorism. There are, however, other priorities. The United States, in its just battle for freedom, must ensure that freedom is preserved during that battle as well. Moreover, care must be taken so that an exaggerated cry of “emergency” is …
Copyright Preemption And The Right Of Publicity, Jennifer E. Rothman
Copyright Preemption And The Right Of Publicity, Jennifer E. Rothman
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This article addresses the conflict between an ever-expanding right of publicity and the federally guaranteed rights provided by copyright law. This conflict is highlighted in the Wendt v. Host International case in which the actors George Wendt and John Ratzenberger from Cheers used the right of publicity to prevent the show's creators from licensing the use of the Norm and Cliff characters in the decor of a chain of airport bars. Even though the licensing of the characters was explicitly allowed under copyright law, the Ninth Circuit held that the right of publicity prevented the creators from doing so. Similarly, …
The Thirteenth Amendment And Slavery In The Global Economy, Tobias Barrington Wolff
The Thirteenth Amendment And Slavery In The Global Economy, Tobias Barrington Wolff
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The globalization of industry has been accompanied by a globalization of labor exploitation. With increasing frequency, U.S.-based multinational corporations are carrying on their foreign operations through the deliberate exploitation of involuntary or slave labor. This development in the foreign labor practices of U.S. entities heralds a new era of challenge and transformation for the Thirteenth Amendment and its prohibition on the existence of slavery or involuntary servitude. It has become necessary to reexamine the range of activities in American industry - and American participation in global industry - that the amendment reaches. I begin that reexamination here. In this article, …
Entrance, Voice And Exit: The Constitutional Bounds Of The Right Of Association, Evelyn Brody
Entrance, Voice And Exit: The Constitutional Bounds Of The Right Of Association, Evelyn Brody
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Despite the central role of organized groups as intermediary bodies in American society, the constitutional right of association is surprisingly recent and limited. As the Supreme Court struggles to define the bounds of 'the' freedom of association, it is time to take a critical look at a difficult set of questions. First, many private organizations engage in various types of selection criteria, but what subjects the Jaycees to State anti-discrimination laws but insulates the Boy Scouts of America? Second, the typical American nonprofit organization is a corporation that lacks both shareholders and members, so are there any 'associates' whose rights …
Extraterritoriality And Political Heterogeneity In American Federalism, Mark D. Rosen
Extraterritoriality And Political Heterogeneity In American Federalism, Mark D. Rosen
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It is commonly understood that as a matter of federal law, states' substantive policies may diverge in respect of those matters that are not violative of the United States Constitution. As a practical matter, however, what degree of political heterogeneity among states is possible vis-a-vis substantive policies that are not unconstitutional? The answer to the question turns in large part on whether states, if they so choose, can regulate their citizens even when they are out-of-state. If they cannot, citizens can bypass their home state’s laws by simply traveling to a more legally permissive state to do there what is …
The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen
The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen
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This Article explores a radical method under the U.S. Constitution for devolving extraordinary political power to select communities. The United States Constitution places limitations on the exercise of public power by sub-federal polities. When insular groups seek to exercise public power to govern themselves, however, there may be special constitutional limitations that are operative - doctrines that afford their local governments more options in the exercise of power than ordinary state and local governments enjoy. The Article shows that Congress may grant the communities the authority to construe designated provisions of the United States Constitution insofar as the provisions apply …
America’S Death Penalty: Just Another Form Of Violence, John Bessler
America’S Death Penalty: Just Another Form Of Violence, John Bessler
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The author in this piece reflects on the death penalty in the U.S. in the aftermath of the 9/11 terrorist attacks. The writer goes on to argue that capital punishment is, in and of itself, a form of violence. Also discussed in the article are the gradual removal of executions from public view, issues of deterrence and violent crime, and the author's preference for life-without-possibility-of-parole sentences.
Mathematics And The Legal Imagination: A Response To Paul Edelman, Michael I. Meyerson
Mathematics And The Legal Imagination: A Response To Paul Edelman, Michael I. Meyerson
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This article, a response to a review by Prof. Paul Edelman of Prof. Meyerson's book "Political Numeracy: Mathematical Perspectives on Our Chaotic Constitution," explains how the study of mathematics can spur creative legal thinking.
Commercial Speech And The Unconstitutional Conditions Doctrine: A Second Look At "The Greater Includes The Lesser", Mitchell N. Berman
Commercial Speech And The Unconstitutional Conditions Doctrine: A Second Look At "The Greater Includes The Lesser", Mitchell N. Berman
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No abstract provided.
Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang
Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang
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No abstract provided.
How Apprendi Affects Institutional Allocations Of Power, Stephanos Bibas
How Apprendi Affects Institutional Allocations Of Power, Stephanos Bibas
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No abstract provided.
Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner
Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner
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No abstract provided.