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2008

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Articles 91 - 120 of 4801

Full-Text Articles in Law

Sovereigns As Shareholders, Paul Rose Dec 2008

Sovereigns As Shareholders, Paul Rose

North Carolina Law Review

No abstract provided.


Privacy And Funeral Protests, Christina E. Wells Dec 2008

Privacy And Funeral Protests, Christina E. Wells

North Carolina Law Review

No abstract provided.


Out Of Step: Why Pulliam V. Smith Should Be Overruled To Hold All North Carolina Parents - Gay And Straight - To The Same Custody Standard, M. Blake Huffman Dec 2008

Out Of Step: Why Pulliam V. Smith Should Be Overruled To Hold All North Carolina Parents - Gay And Straight - To The Same Custody Standard, M. Blake Huffman

North Carolina Law Review

No abstract provided.


Reevaluating Privacy And Disability Laws In The Wake Of The Virginia Tech Tragedy: Considerations For Administrators And Lawmakers, Mary Fletcher Pena Dec 2008

Reevaluating Privacy And Disability Laws In The Wake Of The Virginia Tech Tragedy: Considerations For Administrators And Lawmakers, Mary Fletcher Pena

North Carolina Law Review

No abstract provided.


The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett Dec 2008

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett

The University of New Hampshire Law Review

[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …


"Fleeting Expletives" Are The Tip Of The Iceberg: Fallout From Exposing The Arbitrary And Capricious Nature Of Indecency Regulation, Dave E. Hutchinson Dec 2008

"Fleeting Expletives" Are The Tip Of The Iceberg: Fallout From Exposing The Arbitrary And Capricious Nature Of Indecency Regulation, Dave E. Hutchinson

Federal Communications Law Journal

On November 4, 2008, the Supreme Court heard arguments in FCC v. Fox Television Stations, which centers on whether or the FCC's policy allowing fleeting expletives to be found actionably indecent is arbitrary and capricious. The Second Circuit found that the fleeting expletives policy is arbitrary and capricious as a matter of administrative law. The Supreme Court decision will provide much needed guidance for what constitutes a reasoned basis in the indecency regime's contextual approach. This Note argues that--despite the FCC's recognition that time and context changes the meaning of language-the FCC's indecency regime is at loggerheads with broadcasters because …


Civil Rights For Victims Of Human Trafficking , Henry Andres Yoder Dec 2008

Civil Rights For Victims Of Human Trafficking , Henry Andres Yoder

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Class Conflicts Of Law I: Unilateral Worker Lawmaking Versus Unilateral Employer Lawmaking In The U.S. Workplace, James Gray Pope Dec 2008

Class Conflicts Of Law I: Unilateral Worker Lawmaking Versus Unilateral Employer Lawmaking In The U.S. Workplace, James Gray Pope

Buffalo Law Review

No abstract provided.


Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer Dec 2008

Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer

Buffalo Law Review

No abstract provided.


The Colorline As Capital Accumulation, Anthony Paul Farley Dec 2008

The Colorline As Capital Accumulation, Anthony Paul Farley

Buffalo Law Review

No abstract provided.


Getting Class, Laura T. Kessler Dec 2008

Getting Class, Laura T. Kessler

Buffalo Law Review

No abstract provided.


Race And Class: More Than A Liberal Paradox, Maria Grahn-Farley Dec 2008

Race And Class: More Than A Liberal Paradox, Maria Grahn-Farley

Buffalo Law Review

No abstract provided.


On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel Dec 2008

On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel

Buffalo Law Review

Most legal scholars treat capitalism as a genus with one species. The appearance of several books that argue to the contrary suggests that it is sensible to revisit this assumption. Discussion begins by considering the constructed nature of markets, the importance of market systems, and the role of financings as the factor distinguishing capitalism from other forms of a market economy. Thereafter, four articulations of the varieties of capitalism are reviewed: the classic Marxist one, one by a political economist, another by a pair of comparative political scientists, and third by a trio of economists. This review leads to a …


Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey Dec 2008

Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey

Buffalo Law Review

This essay takes a step toward building a story of economic class in U.S. constitutional law, as part of a special essay issue of the Buffalo Law Review developed from a series of workshops titled ClassCrits: Toward a Critical Analysis of Economic Inequality, sponsored by the Baldy Center for Law and Social Policy at the University at Buffalo. The essay focuses on the 2003 U.S. Supreme Court decision in State Farm Mutual Insurance Co. v. Campbell, one of a series of recent cases using the due process clause of the 14th Amendment to limit punitive damage awards against corporate defendants …


Incurable Or Remediable - Clues To Undoing The Gordian Knot Tied By Intellectual Property Rights Enforcement In China , Wei Shi Dec 2008

Incurable Or Remediable - Clues To Undoing The Gordian Knot Tied By Intellectual Property Rights Enforcement In China , Wei Shi

University of Pennsylvania Journal of International Law

No abstract provided.


Table Of Contents Dec 2008

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Warren Spahn's Legal Legacy: The Right To Be Free From False Praise, Ray Yasser Dec 2008

Warren Spahn's Legal Legacy: The Right To Be Free From False Praise, Ray Yasser

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Reconciling Soccer Authorities And European Union Institutions: Who Is Best Placed To Administer Governance Within The European Soccer Market?, Duncan Mchardy Dec 2008

Reconciling Soccer Authorities And European Union Institutions: Who Is Best Placed To Administer Governance Within The European Soccer Market?, Duncan Mchardy

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


A Family Affair: Extending The Right Of Publicity To Protect Celebrity Children, Sara Kimball Dec 2008

A Family Affair: Extending The Right Of Publicity To Protect Celebrity Children, Sara Kimball

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Understanding The Free Speech Rights Of Public School Coaches, Alison E. Price Dec 2008

Understanding The Free Speech Rights Of Public School Coaches, Alison E. Price

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Editorial Board - Vol. 18, No. 1 2008 Dec 2008

Editorial Board - Vol. 18, No. 1 2008

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum Dec 2008

Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum

Fordham Intellectual Property, Media and Entertainment Law Journal

Renewed efforts to bring science and technology to the center of economic revival in developing nations recognize the centrality of the university in the creation and promotion of science and innovation. Many developed nations, following the paradigmatic U.S. technology transfer system, transfer their academic innovations to industry—through licensing intellectual property—for eventual commercialization. While conventional wisdom places the Carter era Bayh-Dole legislation at the center of that successful American system, this Article argues that the U.S. biotechnology and high tech booms are more likely attributable to the confluence of unique and propitious conditions, and that Bayh-Dole played a marginal role in …


The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng Dec 2008

The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman Dec 2008

Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman Dec 2008

When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Inequitable Conduct: A Standard In Motion., Benjamin Brown Dec 2008

Inequitable Conduct: A Standard In Motion., Benjamin Brown

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Who Owns Your Body? A Study In Literature And Law, Lori Andrews Dec 2008

Who Owns Your Body? A Study In Literature And Law, Lori Andrews

Chicago-Kent Law Review

No abstract provided.


Expressive Minimalism And Fuzzy Signals: The Judiciary And The Role Of Law, Michele Goodwin Dec 2008

Expressive Minimalism And Fuzzy Signals: The Judiciary And The Role Of Law, Michele Goodwin

Chicago-Kent Law Review

The proper role of courts engenders significant debate. Yet, what seems better settled is the principle that courts are the place at which the common law is developed. Its genesis and modifications evolve out of the juridical process and when that process becomes encumbered or deferred to the legislature the role of the judiciary is called into question. This essay makes the case that expressive minimalism too often governs the common law judicial approach to biotechnology. The cases visited in this domain test our capacity to understand whether life is appropriately described as being beyond the definition of property, as …


What Is Owed Participants In Biotechnology Research?, Julie A. Burger Dec 2008

What Is Owed Participants In Biotechnology Research?, Julie A. Burger

Chicago-Kent Law Review

The legal and ethical protections afforded human subjects of research afford individuals who participate in research certain rights. Potential participants must give voluntary and informed consent to participate, they have the right to withdraw from research, they cannot be asked to waive certain rights, and they have the right to choose which studies they will participate in. But researchers, institutions, patient advocacy groups, and ethicists continue to debate how these rules should be applied in the context of genetics research—projects that involve using the individual's tissue or the individual's genetic information, such as gene sequences, and associated medical information. Evidence …


Upstream Without A Paddle: Gene Patenting And The Protection Of The "Infostructure", Seth Shulman Dec 2008

Upstream Without A Paddle: Gene Patenting And The Protection Of The "Infostructure", Seth Shulman

Chicago-Kent Law Review

The U.S. patent system, designed to protect rights to specific, marketable gadgets, has increasingly over the past few decades granted patents on comparatively abstract and amorphous ideas that stretch the system beyond recognition. Overly broad patents, and patents too far "upstream" from the marketplace, I argue, undermine the patent regime, hamper innovation, and prove exceedingly difficult to adjudicate. Using a series of conceptual and historical analogies, I attempt to assess the patenting of genes and other broad, "upstream" patents from a public policy context, emphasizing, as many are coming to realize, that things work best in the knowledge-based economy when …