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Articles 1 - 30 of 89
Full-Text Articles in Law
Capital Requirements In United States Corporation Law, Richard A. Booth
Capital Requirements In United States Corporation Law, Richard A. Booth
Working Paper Series
This paper focuses on corporation law in the United States as it relates to capital contributions and capital maintenance. In other words, the paper addresses the provisions of corporation law relating to (1) the obligation of investors to contribute to the corporation a specified amount of capital and (2) the obligation of the corporation to maintain a specified amount of capital (and not to pay it back to the stockholders in the form of dividends or payments to repurchase or redeem shares). Traditionally, the amount of capital that must be contributed to and maintained by a corporation is called the …
One For All: The Problem Of Uniformity Cost In Intellectual Property Law, Michael W. Carroll
One For All: The Problem Of Uniformity Cost In Intellectual Property Law, Michael W. Carroll
Working Paper Series
Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. Historically, this uniformity may have been justified in light of the relative homogeneity of market conditions applicable to protected subject matter, such as books or mechanical inventions. Technological progress since the founding has led to considerable growth in the range of inventions and expressive works to which patent and copyright law apply, respectively. In the modern context, it is clear that innovators’ needs for intellectual property protection vary substantially across industries and among types of innovation. Applying …
Guidance From Above And Beyond, Steven L. Chanenson
Guidance From Above And Beyond, Steven L. Chanenson
Working Paper Series
Criminal sentencing does not just happen in the courtroom. Some key sentencing decisions happen long before court convenes, while other critical sentencing decisions take place long after court adjourns. Although the public focuses primarily on the black-robed figure wielding the gavel, sentencing reflects decisions by a veritable parade of actors, including legislators, sentencing commissioners, police officers, prosecutors, juries, trial judges, appellate judges, and executive branch officials. All of these people guide and constrain the sentencing process. Through their official actions, they inform each other about what is happening in their corners of the sentencing drama, and prod their counterparts to …
Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill
Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill
Working Paper Series
This article examines the ethical dimensions of the controversy over no-citation rules and current publication practices. In the literature concerning that controversy, ethical concerns are often mentioned, but usually in tandem with other concerns. Professor Caudill isolates and categorizes the different types of ethical dilemmas, and demonstrates that at different levels of the controversy, the ethical concerns are different. He identifies three levels--the controversy over no-citation rules, the broader controversy over publication practices, and the even broader controversy over privatization of law (the so-called disappearing trial, ADR, and the end of law as we know it).
Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian
Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian
Working Paper Series
Present First Amendment doctrine presumptively protects anything within the descriptive category “expression” from government regulation, subject to balancing against countervailing government interests. As government actions during the present war on terrorism have made all too clear, that doctrine allows intolerable suppression of political debate and dissent – the expressive activity most integral to our constitutional design. At the same time, present doctrine fails to give a clear account of why the Constitution protects expressive autonomy and when that protection properly should yield to government interests, leading to an inconsistent and unsatisfying free speech regime. In this article, Professor Magarian advocates …
Negotiating Sex, Michelle J. Anderson
Negotiating Sex, Michelle J. Anderson
Working Paper Series
“Negotiating Sex” is a response to the two major proposals for rape law reform in legal scholarship today, as well as a proposal for a third way. Susan Estrich and Donald Dripps argue that sexual penetration should be legal unless the victim expresses her non-consent, a proposal I call the “No Model.” Stephen Schulhofer argues that sexual penetration should be illegal unless the defendant obtains affirmative consent for penetration through the victim’s words or conduct, a proposal I call the “Yes Model.” Under this model, according to Schulhofer, if a woman does not say “no,” and “her silence is combined …
Creative Commons And The New Intermediaries, Michael W. Carroll
Creative Commons And The New Intermediaries, Michael W. Carroll
Working Paper Series
This symposium contribution examines the disintermediating and reintermediating roles played by Creative Commons licenses on the Internet. Creative Commons licenses act as a disintermediating force because they enable end-to-end transactions in copyrighted works. The licenses have reintermediating force by enabling new services and new online communities to form around content licensed under a Creative Commons license. Intermediaries focused on the copyright dimension have begun to appear online as search engines, archives, libraries, publishers, community organizers, and educators. Moreover, the growth of machine-readable copyright licenses and the new intermediaries that they enable is part of a larger movement toward a Semantic …
Mental Disorders And The Law, Richard Redding
Mental Disorders And The Law, Richard Redding
Working Paper Series
This chapter provides an introduction to the major classes of mental disorder and the ways in which they are salient to selected aspects of American criminal and civil law, focusing particularly on criminal law issues.
Utility, The Good And Civic Happiness: A Catholic Critique Of Law And Economics, Mark A. Sargent
Utility, The Good And Civic Happiness: A Catholic Critique Of Law And Economics, Mark A. Sargent
Working Paper Series
This paper contrasts the value maximization norm of welfare economics that is central to law and economics in its prescriptive mode to the Aristotelian/Aquinian principles of Catholic social thought. The reluctance (or inability) of welfare economics and law and economics to make judgments about about utilities (or preferences) differs profoundly from the Catholic tradition (rooted in Aristotle as well as religious faith) of contemplation of the nature of the good. This paper also critiques the interesting argument by Stephen Bainbridge that homo economicus bears a certain affinity to fallen man, and that law and economics thus provides appropriate rules for …
The Struggle For Music Copyright, Michael W. Carroll
The Struggle For Music Copyright, Michael W. Carroll
Working Paper Series
Inspired by passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Ironically, although music publishers and recording companies are among the most aggressive advocates for strong copyright in music today, music publishers in eighteenth-century England resisted extending copyright to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was originally far more circumscribed than …
The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo
The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo
Working Paper Series
This article addresses an urgent humanitarian crisis affecting unaccompanied or abused refugee children and widowed, divorced, abandoned or abused female heads of refugee households. Such women and children suffer the consequences of the post-9/11 U.S. refugee resettlement backlog more severely than the general refugee population. They are far more at risk of life-threatening harm such as trafficking, sexual exploitation and rape. Moreover, they are far less likely to present a threat to U.S. national security than many people who are able to secure visas to the United States quickly and with fewer background checks. Despite their vulnerability and lack of …
The Biter Bit: Unknowable Dangers, The Third Restatement, And The Reinstatement Of Liability Without Fault, Ellen Wertheimer
The Biter Bit: Unknowable Dangers, The Third Restatement, And The Reinstatement Of Liability Without Fault, Ellen Wertheimer
Working Paper Series
This article argues that the Third Restatement of Products Liability, far from accomplishing its goal of eliminating strict liability for products, actually caused its revival. Prior to the adoption of the Third Restatement, many jurisdictions had gradually retreated from the strict products liability of Section 402A of the Second Restatement of Torts. The Third Restatement caused the courts to confront their own incremental processes and, in refusing the adopt the Third Restatement, to reinstate Section 402A of the Second Restatement in a much purer form.
What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence , Richard E. Redding
What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence , Richard E. Redding
Working Paper Series
An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence - whether transfer laws deter would-be offenders from committing crimes - it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We …
Stadium Financing: Where We Are, How We Got Here, And Where We Are Going, Frank A. Mayer Iii
Stadium Financing: Where We Are, How We Got Here, And Where We Are Going, Frank A. Mayer Iii
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Strictly Speaking About Ephedra: A Baseball Tragedy Helping To Define The Dynamic Between Warning Defect And Design Defect, Michael Kane
Strictly Speaking About Ephedra: A Baseball Tragedy Helping To Define The Dynamic Between Warning Defect And Design Defect, Michael Kane
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Law And Who We Are Becoming, Patrick Mckinley Brennan
Law And Who We Are Becoming, Patrick Mckinley Brennan
Patrick McKinley Brennan
No abstract provided.
Caring And Relationships: Developing A Pedagogy Of Caring, Nelson E. Soto
Caring And Relationships: Developing A Pedagogy Of Caring, Nelson E. Soto
Villanova Law Review
No abstract provided.
Revisiting Outcrits With A Sociological Imagination, Mary Romero
Revisiting Outcrits With A Sociological Imagination, Mary Romero
Villanova Law Review
No abstract provided.
Globalized Citizenship: Sovereignty, Security And Soul, Berta Esperanza Hernandez-Truyol
Globalized Citizenship: Sovereignty, Security And Soul, Berta Esperanza Hernandez-Truyol
Villanova Law Review
No abstract provided.
Exploring Iraq War News Coverage And A New Form Of Censorship In Violation Of The Quickly Evaporating Public Interest Requirement And Public Right To Receive Information, Robin A. Arzon
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Human Rights, Terrorism And International Law, David P. Stewart
Human Rights, Terrorism And International Law, David P. Stewart
Villanova Law Review
No abstract provided.
Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Website, Fran Ansley, Cathy Cochran
Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Website, Fran Ansley, Cathy Cochran
Villanova Law Review
No abstract provided.
Law And Who We Are Becoming, Patrick Mckinley Brennan
Law And Who We Are Becoming, Patrick Mckinley Brennan
Villanova Law Review
No abstract provided.
Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers
Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers
Villanova Law Review
No abstract provided.
Nonestablishment Under God - The Nonsectarian Principle, Steven D. Smith
Nonestablishment Under God - The Nonsectarian Principle, Steven D. Smith
Villanova Law Review
No abstract provided.
From Martin Luther King To Bill Cosby: Race And Class In The Twenty-First Century, James Forman Jr.
From Martin Luther King To Bill Cosby: Race And Class In The Twenty-First Century, James Forman Jr.
Villanova Law Review
No abstract provided.
Challenges To International Law Enforcement Cooperation For The United States In The Middle East And North Africa: Extradition And Its Alternatives, David P. Warner
Challenges To International Law Enforcement Cooperation For The United States In The Middle East And North Africa: Extradition And Its Alternatives, David P. Warner
Villanova Law Review
No abstract provided.
Latcrit Introduction: Methods, Reginald Oh
Moral Dimensions Of Nationalism, Maria Clara Dias
Moral Dimensions Of Nationalism, Maria Clara Dias
Villanova Law Review
No abstract provided.
Is The Solomon Amendment F.A.I.R. - Some Thoughts On Congress's Power To Impose This Condition On Federal Spending, John C. Eastman
Is The Solomon Amendment F.A.I.R. - Some Thoughts On Congress's Power To Impose This Condition On Federal Spending, John C. Eastman
Villanova Law Review
No abstract provided.