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Articles 1 - 26 of 26
Full-Text Articles in Law
Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman
Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Corporate And Business Law, C. Porter Vaughan Iii, David I. Meyers, W. Lake Taylor Jr.
Corporate And Business Law, C. Porter Vaughan Iii, David I. Meyers, W. Lake Taylor Jr.
University of Richmond Law Review
No abstract provided.
Another Try At Taking Legislation In South Carolina: An Analysis Of South Carolina Senate Bill 528 And The Fight For Property Rights, Courtney P. Stevens
Another Try At Taking Legislation In South Carolina: An Analysis Of South Carolina Senate Bill 528 And The Fight For Property Rights, Courtney P. Stevens
South Carolina Law Review
No abstract provided.
Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin
Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin
Scholarly Works
No abstract provided.
Australasian Law And Canadian Statutes In The Nineteenth Century: A Study Of The Movement Of Colonial Legislation Between Jurisdictions, Jeremy Finn
Dalhousie Law Journal
This paper considers the use between 1850 and 1900 by Anglo-Canadian legislatures of legislative precedents from the Australian and New Zealand colonies and argues that while a wide range of Australasian laws were considered by Canadian legislators, the most significant Australasian influences are to be found in mining law, electoral and constitutional law and land law The paper goes on to explore, by use of archival, parliamentary and published materials, the processes by which Canadian legislators acquired their knowledge of these Australasian initiatives. While governmental and institutional channels (including the Colonial Office) played a significant part in the transmission of …
The Still Questionable Role Of Private Legislatures, Alan Schwartz
The Still Questionable Role Of Private Legislatures, Alan Schwartz
Louisiana Law Review
No abstract provided.
Water Law In New South Wales, Australia: An Analysis Of The Water Management Act, 2000 [Abstract], Carla Mooney
Water Law In New South Wales, Australia: An Analysis Of The Water Management Act, 2000 [Abstract], Carla Mooney
Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)
2 pages.
Keynote Address, Rebecca Watson
Keynote Address, Rebecca Watson
Coalbed Methane Development in the Intermountain West (April 4-5)
6 pages.
The Unhappy History Of Civil Rights Legislation, Fifty Years Later, Jack M. Beermann
The Unhappy History Of Civil Rights Legislation, Fifty Years Later, Jack M. Beermann
Faculty Scholarship
Seldom, if ever, have the power and the purposes of legislation been rendered so impotent.... All that is left today are afew scattered remnants of a once grandiose scheme to nationalize the fundamental rights of the individual.
These words were written fifty years ago by Eugene Gressman, now William Rand Kenan, Jr. Professor Emeritus, University of North Carolina School of Law, as a description of what the courts, primarily the Supreme Court of the United States, had done with the civil rights legislation passed by Congress in the wake of the Civil War. Professor Gressman's article, The Unhappy History of …
Regulations Governing Drugs And Performance Enhancers In Sports, Edward Jurith, Adolpho A. Birch, Robert Housman, Ronald Klempner
Regulations Governing Drugs And Performance Enhancers In Sports, Edward Jurith, Adolpho A. Birch, Robert Housman, Ronald Klempner
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon
The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon
Journal of Health Care Law and Policy
No abstract provided.
Water Allocation Compacts In The West: An Overview, Douglas S. Kenney
Water Allocation Compacts In The West: An Overview, Douglas S. Kenney
Books, Reports, and Studies
14 p. : charts ; 28 cm
Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton
Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton
Journal of Health Care Law and Policy
This foreword was written as an introduction to the May 2001 symposium sponsored by the University of Maryland Law and Health Care Program entitled "Children with Special Needs: the Intersection of Health Care Education & the Law.
Addendum To Pediatric Priorities
Addendum To Pediatric Priorities
Journal of Health Care Law and Policy
No abstract provided.
Medical Errors: Causes, Cures, And Capitalism, Keith Myers
Medical Errors: Causes, Cures, And Capitalism, Keith Myers
Journal of Law and Health
This article explores the causes of medical error, the medical profession's responses to errors, and how the legal system responds to medical error through litigation and legislation. Part II discusses the definition of "medical error," the frequency and pervasiveness of the problem, and the causes at the individual and system level. Part III considers how the culture of medicine has largely failed to address medical errors as a systems-based problem, and how the legal culture discourages admitting errors due to the threat of litigation. Focusing on systems, data must be collected and analyzed, and legal guidelines developed to encourage error …
Patent Abolitionism, Mark D. Janis
Patent Abolitionism, Mark D. Janis
Articles by Maurer Faculty
In this Article, Professor Janis argues that modem enthusiasm for large-scale legislative reforms in patent law should be received with caution in view of the history of patent law reform. That history suggests that patent law is more resilient--or perhaps more impervious to change-than modem reformers recognize. To explore these propositions, Professor Janis analyzes the history of the mid-Victorian era British patent abolitionism movement. He demonstrates that much of the reform dialogue of that era, from the elucidation of major problems in the patent system, to the formulation of legislative solutions, mirrors quite closely the modem U.S. patent reform debate. …
Redeeming The Welshed Guarantee: A Scheme For Achieving Justiciability, Ethan J. Leib
Redeeming The Welshed Guarantee: A Scheme For Achieving Justiciability, Ethan J. Leib
Faculty Scholarship
In this article, I suggest that Congress re-pass its progressive legislation under the jurisdictional basis of its Guarantee Clause power. While arguments for justiciability continue to be made, a pragmatic way to achieve it has not been spelled out. Part II will lay out versions of republicanism I hope to see discussed in the context of the Guarantee Clause. Part III will explore republicanism's excessive attention on the courts, recommending the aforementioned approach of Jeremy Waldron. Part IV will briefly suggest how some of the legislation recently curtailed by the Supreme Court might be justified under a theory of legislative, …
Cyberproperty And Judicial Dissonance: The Trouble With Domain Name Classification, Xuan-Thao Nguyen
Cyberproperty And Judicial Dissonance: The Trouble With Domain Name Classification, Xuan-Thao Nguyen
Articles
The nature of cyberspace continues to be woven into the fabric of our daily existence. Not surprisingly, cyberspace and the expansion of e-commerce pose challenges to existing law, particularly the legal definition of cyberproperty domain names. The nature of cyberspace allows many e-companies to possess no traditional assets such as buildings and inventories. Some e-companies own few computers, often using service providers to maintain their web sites. In the virtual space that e-companies inhabit, the primary assets that e-companies own are intangibles such as domain names, customer information, and intellectual property that includes business method patents, copyrights, and trademarks.
Domain …
Legislative Watch, Human Rights Brief
Legislative Focus: Foreign Terrorist Military Tribunal Authorization Act Of 2001, Erin Chlopak
Legislative Focus: Foreign Terrorist Military Tribunal Authorization Act Of 2001, Erin Chlopak
Human Rights Brief
No abstract provided.
Legislative Watch, Human Rights Brief
Legisative Focus: Gains Act, Ossai Miazad
Legislative Watch, Human Rights Brief
The Dynamic Judicial Opinion, William D. Popkin
The Dynamic Judicial Opinion, William D. Popkin
Articles by Maurer Faculty
Eskridge's article on Dynamic Statutory Interpretation advances an aggressively pragmatic theory of interpretation but has had more influence among academics than judges because of a failure to attend to the problems of writing a candid, pragmatic and dynamic judicial opinion. This article argues that, although not free from doubt, a candid judicial opinion is preferable, and discusses how to write such an opinion - suggesting that judges rely on the "intent of the statute," not legislative intent; and adopt a personal/exploratory style in presenting their views.
Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee
Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee
Scholarly Works
In December 1875, President Ulysses S. Grant delivered his last annual message to Congress. He warned of “the dangers threatening us” and the “importance that all [men] should be possessed of education and intelligence,” lest “ignorant men . . . sink into acquiescence to the will of intelligence, whether directed by the demagogue or by priestcraft.” He recommended as “the primary step” a constitutional amendment “making it the duty of each of the several States to establish and forever maintain free public schools adequate to the education of all of the children” and “prohibiting the granting of any school funds, …
Money Laundering Has Gone Global, Stefan D. Cassella
Money Laundering Has Gone Global, Stefan D. Cassella
Stefan D Cassella
The article, written in layman's terms, lists the enhancements that Congress needs to make to the money laundering laws to keep pace with the globalization of crime.