Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (1053)
- Social and Behavioral Sciences (819)
- International Law (766)
- Administrative Law (702)
- Criminal Law (652)
-
- Environmental Law (588)
- Intellectual Property Law (586)
- Health Law and Policy (573)
- Courts (461)
- Human Rights Law (429)
- Civil Rights and Discrimination (427)
- Legal Education (426)
- Legislation (418)
- Law and Society (396)
- Judges (389)
- Labor and Employment Law (373)
- Comparative and Foreign Law (354)
- Criminal Procedure (342)
- Legal Profession (330)
- Banking and Finance Law (329)
- Arts and Humanities (297)
- Business Organizations Law (291)
- First Amendment (290)
- Legal History (290)
- Law and Gender (287)
- State and Local Government Law (281)
- Jurisprudence (274)
- Legal Ethics and Professional Responsibility (274)
- Science and Technology Law (274)
- Institution
-
- Pepperdine University (1178)
- American University Washington College of Law (439)
- Yeshiva University, Cardozo School of Law (318)
- University of Michigan Law School (309)
- Duke Law (301)
-
- Fordham Law School (286)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (260)
- William & Mary Law School (260)
- University of Maryland Francis King Carey School of Law (248)
- Maurer School of Law: Indiana University (223)
- University of Chicago Law School (197)
- Columbia Law School (189)
- Loyola University Chicago, School of Law (189)
- University of Richmond (185)
- UC Law SF (183)
- Vanderbilt University Law School (179)
- Case Western Reserve University School of Law (168)
- University of Minnesota Law School (158)
- Notre Dame Law School (157)
- University of Washington School of Law (153)
- Chicago-Kent College of Law (151)
- Seattle University School of Law (146)
- University of North Carolina School of Law (146)
- Cornell University Law School (142)
- Boston University School of Law (138)
- Saint Louis University School of Law (137)
- Southern Methodist University (133)
- University of Georgia School of Law (133)
- University of Missouri School of Law (133)
- University of Florida Levin College of Law (131)
- Keyword
-
- Law (192)
- Constitutional law (151)
- Human rights (127)
- Supreme Court (125)
- Philosophy (105)
-
- United States Supreme Court (104)
- International law (103)
- Administrative law (102)
- Copyright (102)
- First Amendment (98)
- Litigation (98)
- Privacy (97)
- United States (97)
- Theology (96)
- American Religious Democracy (91)
- Hallowed Secularism (91)
- California (87)
- Legal education (87)
- Discrimination (85)
- National Association of Administrative Law Judges (81)
- Administrative procedure (79)
- Evidence (79)
- Constitution (78)
- Intellectual property (78)
- Criminal law (75)
- Due process (75)
- Regulation (71)
- Climate change (70)
- History (70)
- Antitrust (65)
- Publication
-
- Faculty Scholarship (832)
- Pepperdine Law Review (621)
- Journal of the National Association of Administrative Law Judiciary (540)
- Articles (364)
- Faculty Publications (287)
-
- Scholarly Works (188)
- Georgetown Law Faculty Publications and Other Works (117)
- Journal Articles (110)
- Faculty Articles (107)
- Health Law and Policy Brief (107)
- Nevada Supreme Court Summaries (105)
- All Faculty Scholarship (99)
- Fordham Law Review (99)
- Hallowed Secularism (91)
- Law Faculty Publications (79)
- Water Law Review (78)
- Scholarly Articles in Law Reviews & Journals (74)
- GW Law Faculty Publications & Other Works (73)
- McGeorge Law Review (72)
- Touro Law Review (72)
- Research Collection Yong Pung How School Of Law (70)
- Student Senate Enrolled Legislation (70)
- Cardozo Law Review (68)
- Vanderbilt Law School Faculty Publications (67)
- Publications (63)
- UF Law Faculty Publications (62)
- Georgia State University Law Review (60)
- Articles by Maurer Faculty (59)
- Saint Louis University Law Journal (58)
- Cornell Law Faculty Publications (56)
- Publication Type
- File Type
Articles 361 - 390 of 12812
Full-Text Articles in Law
Criminal Law, Franklin J. Hogue
Criminal Law, Franklin J. Hogue
Mercer Law Review
This Article reviews the most important criminal cases during this reporting period-from June 1, 2012 through May 31, 2013-that will likely have an effect upon the way prosecutors and defense attorneys approach criminal cases in Georgia.
Legal Ethics, Patrick Emery Longan
Legal Ethics, Patrick Emery Longan
Mercer Law Review
This Article covers the period from June 1, 2012 through May 31, 2013. During this period, the Georgia Supreme Court decided a number of lawyer-discipline cases and other matters related to licensure. The supreme court and the Georgia Court of Appeals decided cases involving legal malpractice, ineffective assistance of counsel, judicial ethics, and several miscellaneous matters. The supreme court also approved one significant Formal Advisory Opinion and one set of changes to the Georgia Rules of Professional Conduct.
Local Government Law, Kirk Fjelstul
Local Government Law, Kirk Fjelstul
Mercer Law Review
This Article reviews Georgia appellate decisions presenting new or instructive issues related to local government law during the survey period from June 1, 2012 to May 31, 2013.
Workers' Compensation, H. Michael Bagley, J. Benson Ward
Workers' Compensation, H. Michael Bagley, J. Benson Ward
Mercer Law Review
The 2012-2013 survey period featured notable decisions of the appellate courts in a wide range of areas along with legislation impacting the Workers' Compensation Act' in several important areas, including a 400-week cap on medical benefits.
Death Penalty, Josh D. Moore
Death Penalty, Josh D. Moore
Mercer Law Review
The Georgia Supreme Court addressed numerous cases touching on the death penalty in our survey period, including the review of four death sentences on direct appeal in Ellington v. State, Rice v. State, Barrett v. State, and Brockman v. State. Three of the death sentences reviewed on direct appeal were affirmed and one was reversed. The court also reversed the decision of a habeas court to vacate a death sentence in Humphrey v. Riley. Several other cases involving the death penalty at various stages of trial were also decided and will be addressed further as …
Torts, Phillip Comer Griffeth, Cash V. Morris
Torts, Phillip Comer Griffeth, Cash V. Morris
Mercer Law Review
This Article surveys recent developments in Georgia tort law between June 1, 2012 and May 31, 2013. Throughout this survey period, our appellate courts provided clear recitations of existing tort law, clarified the application and meaning of statutes and existing lines of cases, and recognized liability and defenses in cases of first impression.
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Mercer Law Review
This Article describes selected cases and significant legislation from June 1, 2012 through May 31, 2013 pertaining to Georgia fiduciary law and estate planning.
Real Property, Linda S. Finley
Real Property, Linda S. Finley
Mercer Law Review
For the last several years, the Author has begun this Survey with a comment about the American economy and the increase in the number of foreclosures facing Georgia homeowners. Although the number of residential foreclosures appears to be decreasing, the plight of homeowners remains a critical issue. Rest assured, this Article does not limit itself to a review of consumer-related law. It also looks at broad topics pertaining to real property, because whether the topic is foreclosure, boundaries, condemnation, or title, ". . . it is just about the dirt."
Ineffective, Opaque, And Undemocratic: The Ious Of—Too Much—International Law And Why A Bit Of Skepticism Is Warranted, James Allan
San Diego Law Review
In this Article I want to give you an outsider’s view of international law, or at least this outsider’s view. And by outsider I mean someone who is usually interested in legal philosophy and constitutional law and who may well be thought to lack standing to offer the sort of views and criticisms that are to come.... The structure of this Article will be simple. I will criticize certain aspects of international law, especially rights-related international law, under the three headings you see in the title to this Article. However, I am going to take those headings and critiques in …
Table Of Contents, North Carolina Law Review
Table Of Contents, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Rendition Resistance, Christopher N. Lasch
Rendition Resistance, Christopher N. Lasch
North Carolina Law Review
No abstract provided.
It's Time To Let Go: Why The Atmospheric Trust Won't Help The World Breathe Easier, Caroline Cress
It's Time To Let Go: Why The Atmospheric Trust Won't Help The World Breathe Easier, Caroline Cress
North Carolina Law Review
No abstract provided.
An Antidote To Efforts By Drug Manufacturers To Delay The Entry Of Generic Competition Via Sham Petitioning, Ana Jemec Friedman
An Antidote To Efforts By Drug Manufacturers To Delay The Entry Of Generic Competition Via Sham Petitioning, Ana Jemec Friedman
North Carolina Law Review
No abstract provided.
Acts, Acquiescence, And Asylum: The Material Support Bar Under Barahona V. Holder, Edward F. Roche
Acts, Acquiescence, And Asylum: The Material Support Bar Under Barahona V. Holder, Edward F. Roche
North Carolina Law Review
No abstract provided.
To Say What The Law Is: Rules, Results, And The Dangers Of Inferential Stare Decisis, Adam N. Steinman
To Say What The Law Is: Rules, Results, And The Dangers Of Inferential Stare Decisis, Adam N. Steinman
Faculty Scholarship
Judicial decisions do more than resolve disputes. They are also crucial sources of prospective law, because stare decisis obligates future courts to follow those decisions. Yet there remains tremendous uncertainty about how we identify a judicial decision’s lawmaking content. Does stare decisis require future courts to follow the rules stated in a precedent-setting opinion? Or must future courts merely reconcile their decisions with the ultimate result of the precedent-setting case? Although it is widely assumed that a rule-based approach puts greater constraints on future courts, two recent Supreme Court decisions—Wal-Mart Stores, Inc. v. Dukes and Ashcroft v. Iqbal—turn this conventional …
Reanalyzing Cost-Benefit Analysis: Toward A Framework Of Function(S) And Form(S), Robert B. Ahdieh
Reanalyzing Cost-Benefit Analysis: Toward A Framework Of Function(S) And Form(S), Robert B. Ahdieh
Faculty Scholarship
The analysis herein arises from the collision course between the sweeping reforms mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and a single sentence of the U.S. Code, adopted nearly fifteen years earlier and largely forgotten ever since. Few were likely thinking of Section 106 of the National Securities Market Improvement Act when the Dodd-Frank Act was enacted on July 21, 2010. As applied by the D.C. Circuit less than a year later in Business Roundtable v. SEC, however, that provision’s peculiar requirement of cost-benefit analysis could prove the new legislation’s undoing.
To help navigate …
Virotech Patents, Viropiracy, And Viral Sovereignty, Peter K. Yu
Virotech Patents, Viropiracy, And Viral Sovereignty, Peter K. Yu
Faculty Scholarship
Although there are many important intellectual property and public health developments in the United States, the domestic debate remains surprisingly disconnected from the international debate. To help bridge this disconnect, this Article discusses the interrelationship between intellectual property and public health in the context of communicable diseases. This type of disease is intentionally picked to highlight how developments abroad could easily affect what happens at home, and vice versa.
The first half of this Article recounts three distinct stories about viruses responsible for AIDS, SARS, and the avian influenza (H5N1). The first story focuses on the ongoing developments within the …
The Case For A Legislative Amendment Against Accessory Copyright For Grey Market Products: What Can The U.S. Learn From Singapore And Australia, Irene Calboli, Mary Lafrance
The Case For A Legislative Amendment Against Accessory Copyright For Grey Market Products: What Can The U.S. Learn From Singapore And Australia, Irene Calboli, Mary Lafrance
Faculty Scholarship
In this article, we suggest that the U.S. Congress could implement a legislative provision prohibiting copyright protection for incidental product features in the context of parallel imports. The U.S. would not be the first country to implement such a provision. In 1994, Singapore pioneered the adoption of a similar provision, which was introduced as an amendment to the SG 1987 Copyright Act. A few years later, in 1998, Australia incorporated a similar amendment to its Aust. Copyright Act 1968. In this article, we analyse in detail the Singapore and Australia provisions and, building upon these provisions, we suggest …
Mining Contracts: How To Read And Understand Them, International Senior Lawyers Project, Openoil, Revenue Watch Institute-Natural Resource Governance Institue, Vale Columbia Center On Sustainable International Investment
Mining Contracts: How To Read And Understand Them, International Senior Lawyers Project, Openoil, Revenue Watch Institute-Natural Resource Governance Institue, Vale Columbia Center On Sustainable International Investment
Columbia Center on Sustainable Investment Books
In December 2013, a diverse group of 14 experts from Africa, Asia, North and South America, and Europe worked together for five days to produce a user-friendly guide in English and in French on "Mining Contracts: How to Read and Understand Them," to help policy makers, civil society, citizens, and the media understand the often complex and opaque terms of mining contracts. With increasing calls for contract transparency – and the growing recognition of the importance of the terms of contracts for resource-rich countries – this book explains in layman’s terms the principal features of a contract, compares different approaches …
Contextual Expectations Of Privacy, Andrew D. Selbst
Contextual Expectations Of Privacy, Andrew D. Selbst
Cardozo Law Review
Fourth Amendment search jurisprudence is nominally based on a "reasonable expectation of privacy," but actual doctrine is disconnected from society's conception of privacy. Courts rely on various binary distinctions: Is a piece of information secret or not? Was the observed conduct inside or outside? While often convenient, none of these binary distinctions can adequately capture the complicated range of ideas encompassed by "privacy." Privacy theorists have begun to understand that a consideration of social context is essential to a full understanding of privacy. Helen Nissenbaum's theory of contextual integrity, which characterizes a right to privacy as the preservation of expected …
In Search Of Core Values, W. Bradley Wendel
In Search Of Core Values, W. Bradley Wendel
Cornell Law Faculty Publications
A consensus appears to have emerged among American lawyers that globalization and information technology are transforming the practice of law in fundamental ways. In particular, non-lawyers are increasingly involved in what has traditionally been defined as the practice of law. Scholars such as Richard Susskind, in the United Kingdom, and Thomas Morgan, in the United States, have hypothesized that lawyers may be going the way of wheelwrights, cordwainers or mercers (traders in fine cloths and silks), and that one day in the not-so-distant future we will consider the profession of lawyer as something to be studied historically, wonder why lawyers …
Whose Secrets?, Josh Chafetz
Market Collaboration: Finance, Culture, And Ethnography After Neoliberalism, Annelise Riles
Market Collaboration: Finance, Culture, And Ethnography After Neoliberalism, Annelise Riles
Cornell Law Faculty Publications
In the wake of the disasters of March 2011, financial regulators and financial-risk management experts in Japan expressed little hope that much could be done nor did they take great interest in defining possible policy interventions. This curious response to regulatory crisis coincided with a new fascination with culturalist explanations of financial markets, on the one hand, and a resort to what I term “data politics”—a politics of intensified data collection—on the other. In this article, I analyze these developments as being exemplary of a new regulatory moment characterized by a loss of faith in both free market regulation and …
Dirty Remics, Revisited, Bradley T. Borden, David J. Reiss
Dirty Remics, Revisited, Bradley T. Borden, David J. Reiss
Cornell Law Faculty Publications
No abstract provided.
Government Nonendorsement, Nelson Tebbe
Government Nonendorsement, Nelson Tebbe
Cornell Law Faculty Publications
What are the constitutional limits on government endorsement? Judges and scholars typically assume that when the government speaks on its own account, it faces few restrictions. In fact, they often say that the only real restriction on government speech is the Establishment Clause. On this view, officials cannot endorse, say, Christianity, but otherwise they enjoy wide latitude to promote democracy or denigrate smoking. Two doctrines and their accompanying literatures have fed this impression. First, the Court’s recent free speech cases have suggested that government speech is virtually unfettered. Second, experts on religious freedom have long assumed that there is no …
Contents, Journal Editors
Inflationary Trends In Law And Development, Benjamin Van Rooji, Pip Nicholson
Inflationary Trends In Law And Development, Benjamin Van Rooji, Pip Nicholson
Duke Journal of Comparative & International Law
This Article analyzes two seemingly contradictory trends in the study and practice of law and development. First, it looks at the ever-rising level of expectations and ambitions about what law can do for development. Second, it looks at the increasingly vocal criticism and frustration, both from inside and outside the field, that law often fails to achieve the desired developmental effects. This Article argues that there is a relationship between increasing ambition and lack of impact. More particularly, it suggests that increasing ambition produces limited impacts but that lack of impact, ironically, leads to recommendations to increase ambition. This Article …
The Unextinguished Militia Power Of Indian Tribes, Seth Fortin
The Unextinguished Militia Power Of Indian Tribes, Seth Fortin
American Indian Law Journal
No abstract provided.
Construction Law, Frank O. Brown Jr.
Construction Law, Frank O. Brown Jr.
Mercer Law Review
This Article focuses on noteworthy construction law opinions by Georgia appellate courts between June 1, 2012 and May 31, 2013, and one case, Estate of Pitts v. City of Atlanta, decided on remand in July 2013. The Article briefly discusses the Georgia False Claims Act,' which became effective July 1, 2012.
Five Justices, Section 4, And Three Ways Forward In Voting Rights, Kareem Crayton, Jane Junn
Five Justices, Section 4, And Three Ways Forward In Voting Rights, Kareem Crayton, Jane Junn
Duke Journal of Constitutional Law & Public Policy
No abstract provided.