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Articles 361 - 390 of 14503
Full-Text Articles in Law
Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo
Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
Cybersieves, Derek E. Bambauer
Cybersieves, Derek E. Bambauer
Duke Law Journal
This Article offers a process-based method to assess Internet censorship that is compatible with different value sets about what content should be blocked. Whereas China's Internet censorship receives considerable attention, censorship in the United States and other democratic countries is largely ignored. The Internet is increasingly fragmented by nations' different value judgments about what content is unacceptable. Countries differ not in their intent to censor material-from political dissent in Iran to copyrighted songs in America-but in the content they target, how precisely they block it, and how involved their citizens are in these choices. Previous scholars have analyzed Internet censorship …
The Limits Of Advocacy, Amanda Frost
The Limits Of Advocacy, Amanda Frost
Duke Law Journal
Party control over case presentation is regularly cited as a defining characteristic of the American adversarial system. Accordingly, American judges are strongly discouraged from engaging in so-called "issue creation"-that is, raising legal claims and arguments that the parties have overlooked or ignored-on the ground that doing so is antithetical to an adversarial legal culture that values litigant autonomy and prohibits agenda setting by judges. And yet, despite the rhetoric, federal judges regularly inject new legal issues into ongoing cases. Landmark Supreme Court decisions such as Erie Railroad Co. v. Tompkins and Mapp v. Ohio were decided on grounds never raised …
Self-Realizing Inventions And The Utilitarian Foundation Of Patent Law, Alan Devlin, Neel Sukhatme
Self-Realizing Inventions And The Utilitarian Foundation Of Patent Law, Alan Devlin, Neel Sukhatme
William & Mary Law Review
Unlike other forms of intellectual property, patents are universally justified on utilitarian grounds alone. Valuable inventions and discoveries, bearing the characteristics of public goods, are easily appropriated by third parties. Because much technological innovation occurs pursuant to significant expenditures—both in terms of upfront research and subsequent commercialization costs—inventors must be permitted to extract at least part of the social gain associated with their technological contributions. Absent some form of proprietary control or alternative reward system, economics predicts that suboptimal capital will be devoted to the innovative process. This widely accepted principle comes with an important corollary: namely, that canons of …
Unintended Consequences: The Supreme Court’S Interpretation Of The Second Amendment In District Of Columbia V. Heller Could Water-Down Fourth Amendment Rights, George M. Dery Iii
Unintended Consequences: The Supreme Court’S Interpretation Of The Second Amendment In District Of Columbia V. Heller Could Water-Down Fourth Amendment Rights, George M. Dery Iii
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Ethical Costs Of Commercializing The Professions: First-Person Narratives From The Legal And Medical Trenches, Joshua E. Perry
The Ethical Costs Of Commercializing The Professions: First-Person Narratives From The Legal And Medical Trenches, Joshua E. Perry
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Evidence-Based Access To Justice, Laura K. Abel
Evidence-Based Access To Justice, Laura K. Abel
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Integrated Water Law: Local To International, Margaret J. Vick
Integrated Water Law: Local To International, Margaret J. Vick
University of the Pacific, McGeorge School of Law Dissertations
Table of Contents
INTRODUCTION
PART I: WATER ALLOCATION: LOCAL AND INTERNATIONAL
CHAPTER 1: LOCAL WATER LAW
CHAPTER TWO: INTERNATIONAL WATER LAW
COMPARISON OF RESTATEMENT AND INTERNATIONAL FACTORS FOR REASONABLE USE
CHAPTER 3: THE VERMEJO RIVER
CHAPTER 4 WATER LAWS: ENTITLEMENTS, RIGHTS, DUTIES AND PRIVILEGES
CONCLUSION TO PART I
PART II: NEGOTIATING WATERCOURSE ENTITLEMENTS
CHAPTER FIVE: WATERCOURSE NEGOTIATIONS ARE DIFFERENT
CHAPTER SIX: THE ROLE OF LAW
Table Of Contents - Issue 1, North Carolina Law Review
Table Of Contents - Issue 1, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Commencement Address - May 10, 2009, Michael B. Mukasey
Commencement Address - May 10, 2009, Michael B. Mukasey
North Carolina Law Review
No abstract provided.
Requiring A Jury Vote Of Censure To Convict, Richard E. Myers Ii
Requiring A Jury Vote Of Censure To Convict, Richard E. Myers Ii
North Carolina Law Review
No abstract provided.
Serendipity, Sean B. Seymore
The Data Game: Learning To Love The State-Based Approach To Data Breach Notification Law, Sara A. Needles
The Data Game: Learning To Love The State-Based Approach To Data Breach Notification Law, Sara A. Needles
North Carolina Law Review
No abstract provided.
Damages Under The Privacy Act: Is Emotional Harm Actual, Nicole M. Quallen
Damages Under The Privacy Act: Is Emotional Harm Actual, Nicole M. Quallen
North Carolina Law Review
No abstract provided.
Masthead, Editors
Masthead, Editors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Politics, Psychology, And The Law: Why Modern Psychology Dictates An Overhaul Of Federal Rule Of Evidence 609, Todd A. Berger
Politics, Psychology, And The Law: Why Modern Psychology Dictates An Overhaul Of Federal Rule Of Evidence 609, Todd A. Berger
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Exempting High-Level Employees And Small Employers From Legislation Invalidating Predispute Employment Arbitration Agreements, E. Gary Spitko
Exempting High-Level Employees And Small Employers From Legislation Invalidating Predispute Employment Arbitration Agreements, E. Gary Spitko
Faculty Publications
On February 12, 2009, lawmakers in the U.S.House of Representatives introduced the "Arbitration Fairness Act of 2009. " This bill, if enacted, will invalidate any predispute arbitration agreement between an employer and its employee. Last year, the 110th Congress considered the narrower "Preservation of Civil Rights Protections Act of 2008, " which would have invalidated such predispute arbitration agreements if they required "arbitration of a dispute arising under" federal civil rights laws. This Article explores how best to structure any such invalidation of predispute employment arbitration agreements, both in light of the rationales for and against regulation of the employment …
When Immigration Borders Move, Huyen Pham
When Immigration Borders Move, Huyen Pham
Faculty Scholarship
With recent immigration enforcement efforts, we have created a completely new paradigm of moving borders: laws, enacted at all levels of government, that require proof of legal immigration status in order to obtain a driver's license, a job, rental housing, government need-based assistance, and numerous other essential benefits. Unlike the fixed physical border, these laws require proof of immigration status at multiple, moving points within the country's interior and are triggered through everyday transactions; if unable to prove her legal status, a person is denied the restricted benefit. If a person is denied access to multiple essential benefits, then she …
Trust In The Shadows: Law, Behavior, And Financial Re-Regulation, Raymond H. Brescia
Trust In The Shadows: Law, Behavior, And Financial Re-Regulation, Raymond H. Brescia
Buffalo Law Review
No abstract provided.
What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney
What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney
Buffalo Law Review
No abstract provided.
The Trial Of Rube Waddell, Roger I. Abrams, Alan Levy
The Trial Of Rube Waddell, Roger I. Abrams, Alan Levy
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
What's Wrong With The Commissioner? Some Lessons From Downunder, Ian Dobinson, David Thorpe
What's Wrong With The Commissioner? Some Lessons From Downunder, Ian Dobinson, David Thorpe
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Could The New Women's Professional Soccer League Survive In America? How Adopting A Traditional Legal Structure May Save More Than Just A Game, Marc Edelman, Elizabeth Masterson
Could The New Women's Professional Soccer League Survive In America? How Adopting A Traditional Legal Structure May Save More Than Just A Game, Marc Edelman, Elizabeth Masterson
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Morals? Who Cares About Morals? Examination Of Morals Clauses In Talent Contracts And What Talent Needs To Know, Fernando M. Pinguelo, Timothy D. Cedrone
Morals? Who Cares About Morals? Examination Of Morals Clauses In Talent Contracts And What Talent Needs To Know, Fernando M. Pinguelo, Timothy D. Cedrone
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon
Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Riaa’S Troubling Solution To File- Sharing , Genan Zilkha
The Riaa’S Troubling Solution To File- Sharing , Genan Zilkha
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley
The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Table Of Contents - Issue 1, Chicago-Kent Law Review
Table Of Contents - Issue 1, Chicago-Kent Law Review
Chicago-Kent Law Review
No abstract provided.
Innocence, Evidence, And The Courts, Morgan Cloud
Innocence, Evidence, And The Courts, Morgan Cloud
Chicago-Kent Law Review
No abstract provided.
The Roberts Court's Failed Innocence Project, Janet C. Hoeffel
The Roberts Court's Failed Innocence Project, Janet C. Hoeffel
Chicago-Kent Law Review
In this article, Professor Hoeffel discusses the Roberts Court's obvious struggle with its actual innocence jurisprudence. It is a struggle that was only theoretical in the days before DNA exonerations. While the Court had two opportunities to clarify the role of wrongful convictions in the criminal justice system, it has declined to do so. In House v. Bell, the Court ratcheted up the standard of proof for freestanding constitutional claims of innocence to a level no petitioner could understand, much less meet. Then, in District Attorney's Office for the Third Judicial District v. Osborne, the Court held that …