Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (1024)
- Constitutional Law (797)
- Social and Behavioral Sciences (653)
- Environmental Law (509)
- Human Rights Law (480)
-
- Intellectual Property Law (473)
- Criminal Law (470)
- Health Law and Policy (324)
- Comparative and Foreign Law (309)
- Civil Rights and Discrimination (290)
- Courts (276)
- Law and Society (270)
- Public Affairs, Public Policy and Public Administration (260)
- Legal Education (253)
- Legislation (240)
- Science and Technology Law (236)
- Business Organizations Law (223)
- Labor and Employment Law (221)
- Law and Gender (213)
- State and Local Government Law (204)
- Administrative Law (200)
- Banking and Finance Law (192)
- Criminal Procedure (190)
- Dispute Resolution and Arbitration (190)
- Law and Philosophy (190)
- Family Law (178)
- Political Science (177)
- Jurisprudence (174)
- Legal History (166)
- Institution
-
- Brigham Young University Law School (860)
- Duke Law (392)
- American University Washington College of Law (379)
- University of Michigan Law School (329)
- Fordham Law School (257)
-
- Yeshiva University, Cardozo School of Law (253)
- University of Denver (235)
- University of Maryland Francis King Carey School of Law (234)
- Case Western Reserve University School of Law (215)
- William & Mary Law School (215)
- Duquesne University (204)
- Cornell University Law School (189)
- UC Law SF (189)
- University of Chicago Law School (187)
- Vanderbilt University Law School (183)
- University of Richmond (182)
- Maurer School of Law: Indiana University (178)
- Southern Methodist University (169)
- Columbia Law School (161)
- Georgetown University Law Center (153)
- University of South Carolina (147)
- Chicago-Kent College of Law (146)
- Loyola University Chicago, School of Law (145)
- University of Minnesota Law School (143)
- University of Missouri School of Law (143)
- University of North Carolina School of Law (139)
- University of Colorado Law School (130)
- Northwestern Pritzker School of Law (128)
- Saint Louis University School of Law (128)
- Marquette University Law School (122)
- Keyword
-
- Human rights (244)
- Law (195)
- Philosophy (154)
- Theology (147)
- American Religious Democracy (141)
-
- Hallowed Secularism (141)
- International law (110)
- Politics (94)
- Intellectual property (82)
- Climate change (81)
- Supreme Court (77)
- Constitutional law (70)
- First Amendment (67)
- Bankruptcy (65)
- Copyright (65)
- Discrimination (63)
- International Law (62)
- Regulation (62)
- United States Supreme Court (61)
- China (59)
- United States (59)
- Lawyers (57)
- Evidence (56)
- Patent (55)
- Religion (55)
- Civil rights (51)
- Jurisprudence (51)
- Antitrust (50)
- Criminal law (49)
- Property (49)
- Publication
-
- Faculty Scholarship (753)
- Utah Court of Appeals Briefs (2007– 2019) (615)
- Articles (324)
- Faculty Publications (282)
- Scholarly Works (144)
-
- Hallowed Secularism (141)
- Human Rights & Human Welfare (132)
- All Faculty Scholarship (129)
- Utah Supreme Court Briefs (2000–2020) (122)
- Journal Articles (101)
- Fordham Law Review (98)
- Georgetown Law Faculty Publications and Other Works (92)
- SMU Law Review (92)
- GW Law Faculty Publications & Other Works (91)
- Cornell Law Faculty Publications (87)
- Scholarly Articles in Law Reviews & Journals (84)
- Faculty Articles (81)
- Cardozo Law Review (74)
- Duke Law Journal (73)
- Law Faculty Publications (73)
- Vanderbilt Law School Faculty Publications (72)
- Water Law Review (71)
- Student Senate Enrolled Legislation (68)
- Michigan Law Review (63)
- Sustainable Development Law & Policy (63)
- Scholarly Articles (61)
- Coase-Sandor Institute for Law & Economics Research Paper Series (60)
- Human Rights Brief (59)
- North Carolina Law Review (57)
- BYU Law Review (56)
- Publication Type
- File Type
Articles 451 - 480 of 11207
Full-Text Articles in Law
Environmental Law Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Thio Li-Ann On Free Speech, Social Values And Sustainable Democracy, Knowledge@Smu
Thio Li-Ann On Free Speech, Social Values And Sustainable Democracy, Knowledge@Smu
Knowledge@SMU
It has been two years since Thio Li-ann delivered the parliamentary speech that would thrust her into the epicentre of a nationwide debate. Her arguments for the continued criminalisation of homosexual acts in Singapore earned her both praises and death threats. And it was perhaps this incident that first led her to scrutinise, more deeply than before, the notion of free speech in society. "Equality is a fundamental tenet that we all have, as citizens of a democracy. But what happens if you have a bigger amplifier or a louder voice than I do? Can speech kill speech?" she asked …
Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl
Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl
Scholarly Articles
None available.
Auditing The Pcaob: A Test To The Accountability Of The Uniquely Structured Regulator Of Accountants, Michael A. Thomason, Jr.
Auditing The Pcaob: A Test To The Accountability Of The Uniquely Structured Regulator Of Accountants, Michael A. Thomason, Jr.
Vanderbilt Law Review
After a slew of highly publicized corporate accounting scandals during the early 2000s at prominent companies-including Enron, WorldCom, Adelphia, and Tyco-public confidence in the integrity of financial reporting by public companies was undoubtedly shaken. Several major financial reporting frauds demonstrated serious weaknesses with the then self-regulated accounting profession, including the failure of auditors to detect those companies that were "cooking their books." The collapse of several prominent companies not only affected top executives, who often were subjected to civil and criminal charges, but also produced harsh consequences for several other constituencies who relied on the integrity of the accounting firms …
Toward A Better Competition Policy For The Media, Maurice E. Stucke, Allen P. Grunes
Toward A Better Competition Policy For The Media, Maurice E. Stucke, Allen P. Grunes
College of Law Faculty Scholarship
It is difficult to formulate meaningful competition policy when there is a fierce debate over the current competitiveness of the media industry. After addressing the importance of the marketplace of ideas in our democracy, our article examines the current state of the media industry, including the response of traditional media to audience declines, the growth of new media, the impact of media consolidation (including its impact on minority and women ownership), and the role of the Internet. In response to recent calls for liberalizing cross-ownership rules to protect traditional media, our article outlines why conventional antitrust policy is difficult to …
Torch (November 2009), Brandon Baldwin, Civil Rights Team Project
Torch (November 2009), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Injury In Fact, Then And Now (And Never Again): Summers V. Earth Island Institute And The Need For Change In Environmental Standing Law , Cassandra Barnum
Injury In Fact, Then And Now (And Never Again): Summers V. Earth Island Institute And The Need For Change In Environmental Standing Law , Cassandra Barnum
Journal of Environmental and Sustainability Law
No abstract provided.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
The Controversial Cormorant: The Second Circuit Defers To Agency Interpretation. Fund For Animals V. Kempthorne, Abbie Hesse Rothermich
The Controversial Cormorant: The Second Circuit Defers To Agency Interpretation. Fund For Animals V. Kempthorne, Abbie Hesse Rothermich
Journal of Environmental and Sustainability Law
No abstract provided.
Toward A Better Competition Policy For The Media: The Challenge Of Developing Antitrust Policies That Support The Media Sector's Unique Role In Our Democracy, Maurice Stucke, Allen Grunes
Toward A Better Competition Policy For The Media: The Challenge Of Developing Antitrust Policies That Support The Media Sector's Unique Role In Our Democracy, Maurice Stucke, Allen Grunes
Scholarly Works
It is difficult to formulate meaningful competition policy when there is a fierce debate over the current competitiveness of the media industry. After addressing the importance of the marketplace of ideas in our democracy, our article examines the current state of the media industry, including the response of traditional media to audience declines, the growth of new media, the impact of media consolidation (including its impact on minority and women ownership), and the role of the Internet. In response to recent calls for liberalizing cross-ownership rules to protect traditional media, our article outlines why conventional antitrust policy is difficult to …
Community Based Divorce Education Programmes: Short-Term And Longer-Term Impacts, Sherrill Hayes, Lori Pelletier
Community Based Divorce Education Programmes: Short-Term And Longer-Term Impacts, Sherrill Hayes, Lori Pelletier
Faculty Articles
Surveys of mandatory parent education in the USA (M J Geasler and K R Blaisure, ‘A review of divorce education programme materials’ (1998) 47 Family Relations 167–175; M J Geasler and K R Blaisure, ‘1998 Nationwide survey of court-connected divorce education programmes’ (1999) 37 Family and Conciliation Courts Review 36–63; S L Pollet and M Lombreglia, ‘A nationwide survey of mandatory parent education’ (2008) 46(2) Family Court Review 375–394) have demonstrated the positive impact of well-designed, evidence-based programmes on children and families. Divorce education programmes for parents are now required in many jurisdictions in 46 states in the USA (Pollet …
Inter-Disciplinary Approaches To International Law: Legal & Non-Legal Rituals For Genocide Survivors, Knowledge@Smu
Inter-Disciplinary Approaches To International Law: Legal & Non-Legal Rituals For Genocide Survivors, Knowledge@Smu
Knowledge@SMU
Legal processes, however powerful and authoritative they might be, are not cure-alls. Case in point: victims of the Khmer Rouge regime in Cambodia are still seeking healing and closure thirty years on. While the international tribunal might be able to hold the perpetrators accountable, there is a disconnect between what this international legal procedure can achieve, and what the victims want, notes SMU law professor Mahdev Mohan. To help the victims, he said non-legal actions are needed.
Meeting The Carnegie Report's Challenge To Make Legal Analysis Explicit - Subsidiary Skills To The Irac Framework, Nelson P. Miller, Bradley J. Charles
Meeting The Carnegie Report's Challenge To Make Legal Analysis Explicit - Subsidiary Skills To The Irac Framework, Nelson P. Miller, Bradley J. Charles
Journal of Legal Education
No abstract provided.
Book Review Of Lawyers In The Dock: Learning From Attorney Disciplinary Proceedings, By Richard L. Abel, Eli Wald
Journal of Legal Education
No abstract provided.
The End Of Objector Blackmail?, Brian T. Fitzpatrick
The End Of Objector Blackmail?, Brian T. Fitzpatrick
Vanderbilt Law Review
For many years, courts and commentators have been concerned about a phenomenon in class action litigation referred to as objector "blackmail." The term "blackmail" is used figuratively rather than literally; so-called objector "blackmail" is simply a specific application of the general concern with legal regimes that permit one or more individuals to "hold out" and disrupt collective action. The holdout problem in class action litigation stems from the following series of events: When a class action is settled, class members who do not like the proposed settlement are permitted to file objections with the federal district court that must approve …
Fearing Fear Itself: Photo Identification Laws, Fear Of Fraud, And The Fundamental Right To Vote, Joel A. Heller
Fearing Fear Itself: Photo Identification Laws, Fear Of Fraud, And The Fundamental Right To Vote, Joel A. Heller
Vanderbilt Law Review
In his first inaugural address, President Franklin Roosevelt assured the American people that "the only thing we have to fear is fear itself." President Roosevelt's famous statement begs the question, however, of why we should fear fear itself. What, or whom, does fear harm? When faced with the presence of fear, society must consider what steps it is willing to take and what it is willing to give up in order to address that fear. These considerations become particularly acute when the government uses the existence of fear as a rationale for legislation. The propriety of fear-based lawmaking is questionable, …
A Uniform System For The Enforceability Of Forum Selection Clauses In Federal Courts, Ryan T. Holt
A Uniform System For The Enforceability Of Forum Selection Clauses In Federal Courts, Ryan T. Holt
Vanderbilt Law Review
In the early 1980s, a successful and ambitious Alabama businessman named Walter H. Stewart purchased a failing local copying business. Through the Stewart Organization, a corporation he controlled, Stewart sought to steer this troubled business to the realm of profitability. To do so, he entered into a dealership contract with Ricoh Corporation, a national manufacturer of copy machines that conducted its operations in New York. Unfortunately, their relationship soured. Stewart sued Ricoh in an Alabama federal district court, basing jurisdiction on diversity of citizenship. Ricoh did not want to litigate in Alabama, and the original dealership contract seemed to provide …
Relinquished Responsibilities, Penny White
The Forum (Volume 39, Number 3), Valparaiso University School Of Law
The Forum (Volume 39, Number 3), Valparaiso University School Of Law
Valparaiso Law School Forum
No abstract provided.
Moral Education In Law Schools And Law Firms, Maksymilian Del Mar
Moral Education In Law Schools And Law Firms, Maksymilian Del Mar
Journal of Legal Education
No abstract provided.
A Free And Undemocratic Press?, Stephen J. A. Ward
A Free And Undemocratic Press?, Stephen J. A. Ward
Center for the Study of Ethics in Society Papers
Papers presented for the Center for the Study of Ethics in Society Western Michigan University.
Torture After Nuremburg: Us Law And Practice, Elizabeth Rapaport
Torture After Nuremburg: Us Law And Practice, Elizabeth Rapaport
Faculty Book Display Case
In this essay I will argue that the signature methods of interrogation used by CIA and military interrogators in the Global War on Terrorism (GWOT) -- torture lite' techniques such as hypothermia and stress positions -- may constitute torture, but that the question of their legality under U.S, and international law is not as straightforward as some critics of the Bush Administration maintained. I will take up only one thread in the complex discussion of GWOT interrogation practices and law, that of the boundary between torture and lesser cruelty.
Rape, Feminism, And The War On Crime, Aya Gruber
Rape, Feminism, And The War On Crime, Aya Gruber
Washington Law Review
Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced mixed results. Sexual assault laws that adopt prevailing views of criminality and victimhood, such as predator laws, enjoy great popularity. However, reforms that target the difficulties of date rape prosecutions and seek to counter gender norms, such as rape shield and affirmative consent laws, are controversial, sporadically-implemented, …
Center For Terrorism Law: Monthly Activity Report, 2009-11, St. Mary's University School Of Law Center For Terrorism Law
Center For Terrorism Law: Monthly Activity Report, 2009-11, St. Mary's University School Of Law Center For Terrorism Law
Monthly Report
No abstract provided.
Hostile Takeover: The State Of Missouri, The St. Louis School District, And The Struggle For Quality Education In The Inner-City, Justin D. Smith
Hostile Takeover: The State Of Missouri, The St. Louis School District, And The Struggle For Quality Education In The Inner-City, Justin D. Smith
Missouri Law Review
Missouri has been home to many of the landmark moments in the struggle for racial equality. The Missouri Compromise saved the Union; almost four decades later, the determination that Missouri slave Dred Scott was mere property split the Union. During the Civil War that followed, more battles and skirmishes took place in Missouri than in any other state outside of Virginia and Tennessee. After the Civil War Amendments abolished slavery and guaranteed every person equal protection of the law, the United States Supreme Court allowed a Jefferson City, Missouri, inn to refuse service to blacks. The Court later relied upon …
Climate Change And Sustainable Development: The Quest For Green Communities, Part Ii, John R. Nolon
Climate Change And Sustainable Development: The Quest For Green Communities, Part Ii, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This is the second part of Professor John R. Nolon’s two-part series on climate change mitigation through sustainable development law. Part I ran in October 2009 http://digitalcommons.pace.edu/lawfaculty/646/. In Part I, I argued that local governments should be partners with federal and state governments in managing climate change. This may sound incongruous to the ears of those listening to the debates over cap-and-trade legislation. In that context, state and local programs that cap, auction, tax, regulate, track, or otherwise attempt to manage greenhouse gas emissions are criticized on a number of grounds. The same can be said when the debate turns …
Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, The, Brian J. Love
Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, The, Brian J. Love
Missouri Law Review
This Article studies the Federal Circuit's use of excessive reasonable royalty awards as a patent infringement deterrent. I argue against this practice, explaining that, properly viewed in context of the patent system as a whole, distorting the reasonable royalty measure of damages is an unnecessary and ineffective means of ensuring an optimal level of reward for inventors and deterrence for infringers. First, I introduce cases in which the Federal Circuit and other courts following its lead have awarded punitive reasonable royalty awards and explain the Federal Circuit's professed rationale for doing so. Next, I demonstrate that this practice makes little …
Hundred-Years War: The Ongoing Battle Between Courts And Agencies Over The Right To Interpret Federal Law, The, Nancy M. Modesitt
Hundred-Years War: The Ongoing Battle Between Courts And Agencies Over The Right To Interpret Federal Law, The, Nancy M. Modesitt
Missouri Law Review
Since the Supreme Court's 1984 Chevron decision, the primary responsibility for interpreting federal statutes has increasingly resided with federal agencies in the first instance rather than with the federal courts. In 2005, the Court reinforced this approach by deciding National Telecommunications Ass'n v. Brand X Internet Services, which legitimized the agency practice of interpreting federal statutes in a manner contrary to the federal courts' established interpretation, so long as the agency interpretation is entitled to deference under the well-established Chevron standard. In essence, agencies are free to disregard federal court precedent in these circumstances. This Article analyzes the question left …
Recipe For Bias: An Empirical Look At The Interplay Between Institutional Incentives And Bounded Rationality In Prosecutorial Decision Making, A, Barbara O'Brien
Recipe For Bias: An Empirical Look At The Interplay Between Institutional Incentives And Bounded Rationality In Prosecutorial Decision Making, A, Barbara O'Brien
Missouri Law Review
Prosecutors wield tremendous power, which is kept in check by a set of unique ethical obligations. In explaining why prosecutors sometimes fail to honor these multiple and arguably divergent obligations, scholars tend to fall into two schools of thought. The first schoolfocuses upon institutional incentives that promote abuses ofpower. These scholars implicitly treat the prosecutor as a rational actor who decides whether to comply with a rule based on an assessment of the expected costs and benefits of doing so. The second school focuses upon bounded human rationality, drawing on the teachings of cognitive science to argue that prosecutors transgress …