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Articles 1 - 14 of 14

Full-Text Articles in Law

What Does It Feel Like To Be A Lawyer?, Susan Bandes Apr 2013

What Does It Feel Like To Be A Lawyer?, Susan Bandes

College of Law Faculty

No abstract provided.


Remember The Sabbath Day And Enhance Your Creativity!, Roberta Kwall Jan 2013

Remember The Sabbath Day And Enhance Your Creativity!, Roberta Kwall

College of Law Faculty

No abstract provided.


The Lessons Of Living Gardens And Jewish Process Theology For Authorship And Moral Rights, Roberta Kwall Jan 2013

The Lessons Of Living Gardens And Jewish Process Theology For Authorship And Moral Rights, Roberta Kwall

College of Law Faculty

This Article examines the issues of authorship, fixation and moral rights through the lens of Jewish Process Theology. Jewish Process Theology is an application of Process Thought, which espouses a developmental and fluid perspective with respect to creation and creativity. This discipline offers important insights for how to shape and enforce copyright law. The issue of "change" and authorship is more important now than ever before given how the digital age is revolutionizing the way we think about authorship. The Seventh Circuit's recent decision wrongly maintaining that a living garden is not capable of copyright protection since it is unfixed, …


Background Social Structures And Disability Discrimination In The United States And Canada, Mark Weber Jan 2013

Background Social Structures And Disability Discrimination In The United States And Canada, Mark Weber

College of Law Faculty

Several social structures deeply affect the equality of people with disabilities, but are not ordinarily considered when addressing attitudinal and environmental barriers that disadvantage disabled people. These structures, which relate to employment and the law that regulates it, are: (1) the legal doctrine of employment at will as opposed to notice or severance payment in lieu of notice; (2) unionization or its absence; and (3) government-sponsored social insurance programs. These structures differ from country to country, even between nations with a similar legal heritage. Drawing comparisons between Canada and the United States with regard to each social structure, this paper …


"All Areas Of Suspected Disability", Mark Weber Jan 2013

"All Areas Of Suspected Disability", Mark Weber

College of Law Faculty

The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s . . . educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.” Courts have strictly enforced these requirements in the last several years, remedying violations of IDEA when school districts fail to assess in all areas of …


"All Areas Of Suspected Disability", Mark Weber Jan 2013

"All Areas Of Suspected Disability", Mark Weber

College of Law Faculty

The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s . . . educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.” Courts have strictly enforced these requirements in the last several years, remedying violations of IDEA when school districts fail to assess in all areas of …


Toward A Field Of Intersectionality Studies: Theory, Applications, And Praxis, Sumi Cho, Kimberlé Williams Crenshaw, Leslie Mccall Jan 2013

Toward A Field Of Intersectionality Studies: Theory, Applications, And Praxis, Sumi Cho, Kimberlé Williams Crenshaw, Leslie Mccall

College of Law Faculty

No abstract provided.


Rethink Plans To Loosen U.S. Arms Controls On Arms Exports, Barry Kellman Jan 2013

Rethink Plans To Loosen U.S. Arms Controls On Arms Exports, Barry Kellman

College of Law Faculty

No abstract provided.


Copyright Infringement Of Music Cases: Determining Whether What Sounds Alike Is Alike, Margit Livingston, Joseph Urbinato Jan 2013

Copyright Infringement Of Music Cases: Determining Whether What Sounds Alike Is Alike, Margit Livingston, Joseph Urbinato

College of Law Faculty

The standard for copyright infringement is the same across different forms of expression. But musical expression poses special challenges for courts deciding infringement disputes because of its unique attributes. Tonality in Western music offers finite compositional choices that will be pleasing or satisfying to the ear. The vast storehouse of existing public domain music means that many of those choices have been exhausted. Although independent creation negates plagiarism, the inevitable similarity among musical pieces within the same genre leaves courts in a quandary as to whether defendant composers infringed earlier copyrighted works or simply found their own way to a …


Government Choices In Innovation Funding (With Reference To Climate Change), Joshua Sarnoff Jan 2013

Government Choices In Innovation Funding (With Reference To Climate Change), Joshua Sarnoff

College of Law Faculty

Huge amounts of money will soon be spent by governments and private entities to develop technology to reduce the costs of climate change mitigation and adaptation, and to deploy new energy and transportation infrastructures. Incredibly, we still lack any good idea of the best means of providing massive amounts of government or private money so as to promote the most innovation and technology diffusion at the lowest cost. This Article seeks to support better analyses of, and decision making regarding, the choices of government innovation-funding mechanisms by discussing the limits of current analyses and providing a taxonomy of such measures. …


Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Tirres Jan 2013

Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Tirres

College of Law Faculty

No abstract provided.


Popular Legal Journalism In The Writings Of Maria Vérone, Sara L. Kimble Jan 2013

Popular Legal Journalism In The Writings Of Maria Vérone, Sara L. Kimble

School of Continuing and Professional Studies Faculty Publications

No abstract provided.


Where Does One Stand On A Slippery Slope?, Craig Mousin Jan 2013

Where Does One Stand On A Slippery Slope?, Craig Mousin

Mission and Ministry Publications

No abstract provided.


"All Areas Of Suspected Disability", Mark C. Weber Jan 2013

"All Areas Of Suspected Disability", Mark C. Weber

Mark C. Weber

The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s . . . educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.” Courts have strictly enforced these requirements in the last several years, remedying violations of IDEA when school districts fail to assess in all areas of …