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Articles 1 - 30 of 41

Full-Text Articles in Law

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles Oct 2003

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles

Articles

No abstract provided.


Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes Oct 2003

Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes

Articles

No abstract provided.


The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson Oct 2003

The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson

Articles

No abstract provided.


Shepard's And Keycite Are Flawed (Or Maybe It's You), Alan Wolf, Lynn Wishart Sep 2003

Shepard's And Keycite Are Flawed (Or Maybe It's You), Alan Wolf, Lynn Wishart

Library Staff Articles

No abstract provided.


Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky Apr 2003

Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky

Articles

The failure of the 107th Congress to pass a "Patients' Bill of Rights" (PBR) is widely considered a major disappointment, to be remedied in the 108th Congress by the adoption of such legislation. Indeed, federal PBR proposals have achieved the proverbial motherhood-and-apple-pie status; it is virtually impossible to find anyone actively opposing a federal PBR. Many members of the 108th Congress likely feel pressure to pass PBR legislation before returning to the electorate in 2004.

I advance a contrary perspective: A federal PBR is an idea whose time is past or, to be precise, is an idea whose rationales are …


The Internet And The Persistence Of Law, Justin Hughes Mar 2003

The Internet And The Persistence Of Law, Justin Hughes

Articles

Since legal commentators first confronted cyberspace, three broad stories have emerged to describe the interrelation of law and the Internet: the "no-law Internet," the "Internet as a separate jurisdiction," and Internet law as "translation" of familiar legal concepts. This Article reviews these stories, focusing on how ongoing "translation" is giving way to a growing convergence in Internet law. The Article makes the case for convergence among legal responses to cyberspace and proposes a basic taxonomy for different models of convergence. With this taxonomy, the Article examines the ways in which convergence is occurring, as well as its effects on both …


Fair Use Across Time, Justin Hughes Feb 2003

Fair Use Across Time, Justin Hughes

Articles

This Article proposes that, as a copyright work ages, the scope of fair use, especially as to derivative works and uses, should expand. This is because the "market" for a copyrighted work has a temporal dimension; the copyrighted work has a market of a fixed number of years. In considering the fourth element of § 107 fair use, courts have discussed two kinds of situations in which the market for a plaintiff's work can be adversely affected: (1) situations where a particular defendant's action adversely affected the plaintiffs market, and (2) situations where the defendant's action, if it became "widespread," …


The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson Jan 2003

The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson

Articles

No abstract provided.


A Missing Piece To The Dividend Puzzle: Agency Costs Of Mutual Funds, Mitchell L. Engler Jan 2003

A Missing Piece To The Dividend Puzzle: Agency Costs Of Mutual Funds, Mitchell L. Engler

Articles

No abstract provided.


Nietzsche And Aretaic Legal Theory, Kyron Huigens Jan 2003

Nietzsche And Aretaic Legal Theory, Kyron Huigens

Articles

No abstract provided.


Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld Jan 2003

Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld

Articles

The United States protects much hate speech that is banned in other Western constitutional democracies and under international human rights covenants and conventions. In the United States, only hate speech that leads to "incitement to violence" can be constitutionally restricted, while under the alternative approach found elsewhere, bans properly extend to hate speech leading to "incitement to hatred." The article undertakes a comparative analysis in light of changes brought by new technologies, such as the internet, which allow for worldwide spread of protected hate speech originating in the United States. After evaluating the respective doctrines, arguments and values involved, the …


Jurisdictional Competition To Abolish The Rule Against Perpetuities: R.I.P. For The R.A.P, Stewart E. Sterk Jan 2003

Jurisdictional Competition To Abolish The Rule Against Perpetuities: R.I.P. For The R.A.P, Stewart E. Sterk

Articles

No abstract provided.


Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone Jan 2003

Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone

Articles

No abstract provided.


Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg Jan 2003

Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg

Articles

No abstract provided.


Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love Jan 2003

Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love

Articles

No abstract provided.


Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk Jan 2003

Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk

Articles

No abstract provided.


On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman Jan 2003

On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman

Articles

No abstract provided.


Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson Jan 2003

Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson

Articles

In his Tractatus Theologico-Politicus (1670), Spinoza mounts an attack on authority in all its forms, including the authority of law and the state. Because authority in all its forms is a product of the imagination, obligation can never be justified. The subjects of Spinoza's commonwealth have no duties, only rights. Spinoza replaces the authority of the commonwealth with the welfare of subjects as the sign and the source of the commonwealth's flourishing. Spinoza was thus the first to propose that the only way for commonwealths to maintain the illusion of authority is by attending to the welfare of their citizens.


Was Spinoza A Jewish Philosopher, J. David Bleich Jan 2003

Was Spinoza A Jewish Philosopher, J. David Bleich

Articles

No abstract provided.


The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman Jan 2003

The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman

Articles

Tort liability has undergone an enormous expansion in the past 40 years. So too has the effective hourly rate obtained by plaintiff lawyers which has increased well over 1000% in that time frame (adjusted for inflation). That the enormous increases in effective hourly rates parallel the enormous expansion in tort liability raises a number of issues. In this article, I examine one of them: whether the market for contingent fee-financing of tort litigation is price competitive. To do so, I examine certain indicia of a noncompetitive market including the fact of uniform pricing, the absence of economic justification for uniform …


The Traumatic Dimension In Law, David G. Carlson Jan 2003

The Traumatic Dimension In Law, David G. Carlson

Articles

This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you failed to conform to …


Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein Jan 2003

Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein

Articles

No abstract provided.


The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich Jan 2003

The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich

Articles

No abstract provided.


Public Diplomacy And The Transformation Of International Broadcasting, Monroe Price Jan 2003

Public Diplomacy And The Transformation Of International Broadcasting, Monroe Price

Articles

No abstract provided.


Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg Jan 2003

Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg

Articles

No abstract provided.


Distrust Quotations In Latin, Peter Goodrich Jan 2003

Distrust Quotations In Latin, Peter Goodrich

Articles

No abstract provided.


Rulemaking, Michael Herz Jan 2003

Rulemaking, Michael Herz

Articles

No abstract provided.


The Legal System's Use Of Epidemiology, Arthury H. Bryant, Alexander A. Reinert Jan 2003

The Legal System's Use Of Epidemiology, Arthury H. Bryant, Alexander A. Reinert

Articles

Both law and science are truth-seeking endeavors. In at least one respect, lawyers and scientists are like Agent Mulder on the X-Files: we believe that the truth is out there and our goal is to find it. This article is devoted to exploring and improving the means by which law relies on scientific disciplines, particularly epidemiology, to ascertain the truth.


Retrenchment On Entrenchment, Stewart E. Sterk Jan 2003

Retrenchment On Entrenchment, Stewart E. Sterk

Articles

No abstract provided.


The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam Jan 2003

The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam

Articles

No abstract provided.