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Articles 8791 - 8820 of 10761
Full-Text Articles in Law
Lawmaking And Interpretation: The Role Of A Federal Judge In Our Constitutional Framework, Diarmuid F. O'Scannlain
Lawmaking And Interpretation: The Role Of A Federal Judge In Our Constitutional Framework, Diarmuid F. O'Scannlain
Marquette Law Review
No abstract provided.
What's So Fair About The Fair And Accurate Credit Transactions Act?, Michael E. Chaplin
What's So Fair About The Fair And Accurate Credit Transactions Act?, Michael E. Chaplin
Marquette Law Review
None
How Tribe And State Cooperative Agreements Can Save The Adam Walsh Act From Encroaching On Tribal Sovereignty, Brian P. Dimmer
How Tribe And State Cooperative Agreements Can Save The Adam Walsh Act From Encroaching On Tribal Sovereignty, Brian P. Dimmer
Marquette Law Review
None
Teaching Rights Of Publicity: Blending Copyright And Trademark, Common Law And Statutes, And Domestic And Foreign Law, David S. Welkowitz, Tyler T. Ochoa
Teaching Rights Of Publicity: Blending Copyright And Trademark, Common Law And Statutes, And Domestic And Foreign Law, David S. Welkowitz, Tyler T. Ochoa
Saint Louis University Law Journal
No abstract provided.
Book Review, Jordan J. Paust, Beyond The Law: The Bush Administration’S Unlawful Responses In The ‘War’ On Terror (2007), Mark A. Drumbl
Book Review, Jordan J. Paust, Beyond The Law: The Bush Administration’S Unlawful Responses In The ‘War’ On Terror (2007), Mark A. Drumbl
Scholarly Articles
The situation at Guantánamo is one of several past and ongoing examples of what Jordan Paust calls ‘dirty war tactics' deployed by the United States in response to the 9/11 attacks. In Beyond the Law: The Bush Administration's Unlawful Responses in the ‘War’ on Terror, Professor Paust describes these ‘dirty war tactics' and claims that, in undertaking them, the Bush Administration balefully has corroded the rule of law itself.
The Specter Of Copyism V. Blockheaded Authors: How User-Generated Content Affects Copyright Policy, Tom W. Bell
The Specter Of Copyism V. Blockheaded Authors: How User-Generated Content Affects Copyright Policy, Tom W. Bell
Vanderbilt Journal of Entertainment & Technology Law
Technological advances, because they have radically lowered the costs of creating and distributing expressive works, have shaken the foundations of copyright policy. Once, those who held copyrights in sound recordings, movies, television shows, magazines, and the like could safely assume that the public would do little more than passively consume. Now, though, the masses have seized (peacefully acquired, really) the means of reproducing copyrighted works, making infringement cheap, easy, and, notwithstanding the law's dictates, widespread. Copyright holders thus understandably fear that their customers have begun to treat expressive works like common property, free for all to use. That, the specter …
How Is American Divided By God, Steven D. Smith
How Is American Divided By God, Steven D. Smith
MC Law Review
Symposium on Religion, Religious Pluralism, and the Rule of Law
Banda-Ortiz V. Gonzales: A Catch-22 For The Twenty-First Century, Jared Carrubba
Banda-Ortiz V. Gonzales: A Catch-22 For The Twenty-First Century, Jared Carrubba
MC Law Review
Symposium on Religion, Religious Pluralism, and the Rule of Law: Note
Foreword: Celebrating The Life And Legacy Of Thurgood Marshall, G. Todd Butler, Jason Marsh
Foreword: Celebrating The Life And Legacy Of Thurgood Marshall, G. Todd Butler, Jason Marsh
MC Law Review
Justice Thurgood Marshall: Exploring the Life and Legacy of One of America's Most Celebrated Jurists
Compassion, Hatred, And Free Expression, Ronald J. Rychlak
Compassion, Hatred, And Free Expression, Ronald J. Rychlak
MC Law Review
The 2007 Judge William C. Keady Distinguished Lecture
Recipe For Disaster: Analyzing The Interplay Between The Castle Doctrine And The Knock-And-Announce Rule After Hudson V. Michigan, G. Todd Butler
Recipe For Disaster: Analyzing The Interplay Between The Castle Doctrine And The Knock-And-Announce Rule After Hudson V. Michigan, G. Todd Butler
MC Law Review
Note
Table Of Contents - Issue 2
South Carolina Journal of International Law and Business
No abstract provided.
European Class Actions, Michelle Parsons
European Class Actions, Michelle Parsons
South Carolina Journal of International Law and Business
No abstract provided.
Off To Work We Go: Creating An Efficient Labor Force Through European Union Employment Regulation Of Third-Country Nationals, Lindsey Lovingood
Off To Work We Go: Creating An Efficient Labor Force Through European Union Employment Regulation Of Third-Country Nationals, Lindsey Lovingood
South Carolina Journal of International Law and Business
No abstract provided.
Upping The Ante: The Unlawful Internet Gambling Enforcement Act's Noncompliance With World Trade Organization Law, Heather A. Bloom
Upping The Ante: The Unlawful Internet Gambling Enforcement Act's Noncompliance With World Trade Organization Law, Heather A. Bloom
South Carolina Journal of International Law and Business
No abstract provided.
Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira
Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira
Articles by Maurer Faculty
In the aftermath of the Oklahoma City bombing, processes of reconstruction - remembering victims, caring for family members and survivors, and punishing the perpetrators - began even as debris from the Murrah Federal Building was being cleared. Based on conclusions obtained from intensive interviews with 27 victims' family members and survivors, this article explores how memory of the bombing as a culturally traumatic event was constructed through participation in groups formed after the bombing and participation in the legal proceedings against perpetrators Timothy McVeigh and Terry Nichols. These acts cultivated the formation of various relationships - between family members and …
A Different Departure: A Reply To Shany's "Redrawing Maps, Manipulating Demographics: On Exchange Of Populated Territories And Self-Determination", Timothy W. Waters
A Different Departure: A Reply To Shany's "Redrawing Maps, Manipulating Demographics: On Exchange Of Populated Territories And Self-Determination", Timothy W. Waters
Articles by Maurer Faculty
Anyone reading Yuval Shany's response to my article, "The Blessing of Departure -- Exchange of Populated Territories: The Lieberman Plan as an Abstract Exercise in Demographic Transformation," would hardly characterize it as "agreement." In part this is because Shany builds his case by assuming I am saying something about self-determination that misses -- at least misplaces -- my real point. This is unfortunate, both as it masks the fact that Shany and I actually agree transfers can be legal, and it distracts attention from the points of real, substantive disagreement. The misreading is not an accident, rather the product of …
Youth, Globalization, And The Law, Michael Grossberg
Youth, Globalization, And The Law, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
Offensive Political Speech From The 1970s To 2008: A Broadcaster’S Moral Choice, Lavonda N. Reed-Huff
Offensive Political Speech From The 1970s To 2008: A Broadcaster’S Moral Choice, Lavonda N. Reed-Huff
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Gonzales V. Carhart: No Limits To What Congress May Now “Find”, M. Katherine Burgess
Gonzales V. Carhart: No Limits To What Congress May Now “Find”, M. Katherine Burgess
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Government Data Mining: The Need For A Legal Framework, Fred H. Cate
Government Data Mining: The Need For A Legal Framework, Fred H. Cate
Articles by Maurer Faculty
The article examines the government's growing appetite for collecting personal data. Often justified on the basis of protecting national security, government data mining programs sweep up data collected through hundreds of regulatory and administrative programs, and combine them with huge datasets obtained from industry. The result is an aggregation of personal data - the "digital footprints" of individual lives - never before seen. These data warehouses are then used to determine who can work and participate in Social Security programs, who can board airplanes and enter government buildings, and who is likely to pose a threat in the future, even …
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Journal Articles
No abstract provided.
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Journal Articles
This article examines the implications of the Michael Vick case for the criminal law in general and for the law of victimhood in particular. It takes as its point of departure the NFL star's agreement to pay close to one million dollars to the various entities that assumed custody of the pit bulls in order to "make restitution for the full amount of the costs associated with the disposition of all dogs" that were involved in his illegal operation. According to the agreement, the authority to order such payments stems from 18 U.S.C. ý 3663, which allows for the issuance …
Tolling For The Luckless, The Abandoned And Forsaked: Community Safety, Therapeutic Jurisprudence And International Human Rights Law As Applied To Prisoners And Detainees, Michael L. Perlin, Astrid Birgden
Tolling For The Luckless, The Abandoned And Forsaked: Community Safety, Therapeutic Jurisprudence And International Human Rights Law As Applied To Prisoners And Detainees, Michael L. Perlin, Astrid Birgden
Articles & Chapters
There has been an explosion of interest in therapeutic jurisprudence as both a filter and lens for viewing theextent to which the legal system serves therapeutic or anti therapeutic consequences. However, little attention has been paid to the impact of therapeutic jurisprudence on questions of international human rights law and the role of forensic psychologists. Human rights are based on legal, social, and moral rules. The paper will propose that human rights principles can add to the normative base of therapeutic jurisprudence, and in turn, therapeutic jurisprudence can assist forensic psychologists to actively address human rights. As duty bearers, forensic …
Why Pedestrian-Friendly Street Design Is Not Negligent, Michael Lewyn
Why Pedestrian-Friendly Street Design Is Not Negligent, Michael Lewyn
Scholarly Works
In recent decades, American state and local highway officials have built wide streets and roads designed primarily to accommodate high-speed automobile traffic. However, such high-speed streets are more dangerous for pedestrians and bicyclists than streets with slower traffic, and thus fail to adequately accommodate nondrivers. Government officials design streets for high-speed traffic partially because of their fear of tort liability. An influential street engineering manual, the American Association of State Highway and Transportation Officials' Green Book, has generally favored the construction of such high-speed streets, and transportation planners fear that if they fail to follow the Green Book's recommendations, they …
Municipal Regulation Of Formula Businesses: Creating And Protecting Communities, Patricia E. Salkin
Municipal Regulation Of Formula Businesses: Creating And Protecting Communities, Patricia E. Salkin
Scholarly Works
People have been trying to exclude chain stores from their communities for decades. This includes "big-box" chains - the behemoth retailers that prefer an architecture of rectangular, single-story unadorned structures reaching 200,000 square feet or more - as well as national and international businesses including well-recognized fast food restaurants, drug stores and clothing retailers. The reasons for restricting these large corporate businesses include concerns over community character and aesthetics, local economics and self-reliance, and corporate ideologies. Over time, many municipalities have been forced to accept that "formula retail" and "franchise architecture" are simply part of the American economy. In many …
The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia E. Salkin, Amy Lavine
The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia E. Salkin, Amy Lavine
Scholarly Works
In 2000, Congress passed, and President Clinton signed, the Religious Land Use and Institutionalized Persons Act (RLUIPA), designed to provide protection from discrimination for the exercise of religion for incarcerated individuals and for those in need of various municipal permits or approvals in order to exercise their religion. With seven years of experience in the courts, this article examines the impact of RLUIPA on local governments across the country through an analysis of how the courts have been interpreting and applying statutory ambiguities and creating inconsistent doctrine in an effort to define terms and implement RLUIPA's protections. Whether an appropriate …
Tenancy By The Entirety: The Traditional Version Of The Tenancy Is The Best Alternative For Married Couples, Common Law Marriages, And Same-Sex Partnerships, Damaris Rosich-Schwartz
Tenancy By The Entirety: The Traditional Version Of The Tenancy Is The Best Alternative For Married Couples, Common Law Marriages, And Same-Sex Partnerships, Damaris Rosich-Schwartz
North Dakota Law Review
No abstract provided.
The Tort Of Aiding And Advising?: The Attorney Exception To Aiding And Abetting A Breach Of Fiduciary Duty, Kevin Bennardo
The Tort Of Aiding And Advising?: The Attorney Exception To Aiding And Abetting A Breach Of Fiduciary Duty, Kevin Bennardo
North Dakota Law Review
No abstract provided.
The Rule Of Law Is The Rule Of Reason, Brian Winrow, Kevin Johnson
The Rule Of Law Is The Rule Of Reason, Brian Winrow, Kevin Johnson
North Dakota Law Review
No abstract provided.