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Articles 12721 - 12750 of 15253
Full-Text Articles in Law
Athletes Have Rights Too, Right? Investigating The Extreme Unfairness In Sports' Purported Supreme Authority - Why The International Court Of Arbitration For Sport Fails To Reign Supreme, Zachary Gotlib
Cardozo Journal of International and Comparative Law
The note argues that the Court of Arbitration for Sport (CAS), despite its role as a leading body in international sports dispute resolution, fails to achieve true supremacy due to systemic unfairness. CAS lacks key principles of fairness, particularly in its treatment of individual athletes compared to powerful entities like teams and leagues, hindering its ability to be recognized as a supreme judicial body.
Who Owns This Article? Applying Copyright’S Work-Made-For-Hire Doctrine To Librarians’ Scholarship, Paul Hellyer
Who Owns This Article? Applying Copyright’S Work-Made-For-Hire Doctrine To Librarians’ Scholarship, Paul Hellyer
Library Staff Publications
The Copyright Act of 1976 provides that works—including scholarship—written within the scope of employment belong to employers. But copyright law and actual practices widely diverge. The academic community generally allows librarians to claim ownership of their writing, even when that ignores copyright law. Mr. Hellyer supports copyright ownership by librarians, and calls for the law and common practices to be harmonized.
What Is Digital Rights Management?, Frederick W. Dingledy, Alex Berrio Matamoros
What Is Digital Rights Management?, Frederick W. Dingledy, Alex Berrio Matamoros
Library Staff Publications
No abstract provided.
On The Uneven Journey To Constitutional Redemption: The Malaysian Judiciary And Constitutional Politics, Yvonne Tew
On The Uneven Journey To Constitutional Redemption: The Malaysian Judiciary And Constitutional Politics, Yvonne Tew
Georgetown Law Faculty Publications and Other Works
This article explores the Malaysian judiciary’s approach toward interpreting the Federal Constitution of Malaysia and situates it within the context of the nation’s political and constitutional history. It traces the judiciary’s tentative movement toward a more rights-oriented approach followed by its more recent retreat in several appellate court decisions. This article argues that the Malaysian courts’ journey toward constitutional redemption has been uneven so far. In order to reclaim its constitutional position as a co-equal branch of government, the Malaysian judiciary must exhibit greater willingness to assert its commitment to constitutional supremacy and the rule of law.
Modernizing Pakistan's Blasphemy Law As Hate Speech, Farhan Raouf
Modernizing Pakistan's Blasphemy Law As Hate Speech, Farhan Raouf
LLM Theses
It is difficult to define blasphemy. What is regarded as blasphemous will depend on the values prevalent in a given society. In general, it includes denigrating and insulting expressions targeted toward God and other aspects of religion. My thesis is that blasphemy, to the extent it should be dealt with by the law, should be regarded a sub-category of hate speech. The law should concern itself only with those aspects of blasphemy which incite hatred against a group which is identifiable on the basis of religion. More specifically, I argue that Pakistan should repeal its blasphemy law (s. 295-c Penal …
Trafficking In Narratives: Conceptualizing And Recasting Victims, Offenders, And Rescuers In The War On Human Trafficking, Sabrina Balgamwalla
Trafficking In Narratives: Conceptualizing And Recasting Victims, Offenders, And Rescuers In The War On Human Trafficking, Sabrina Balgamwalla
Denver Law Review
No abstract provided.
Justice Robert Utter, The Supreme Court Of Washington, And The New Judicial Federalism: Judging And Teaching?, Robert F. Williams
Justice Robert Utter, The Supreme Court Of Washington, And The New Judicial Federalism: Judging And Teaching?, Robert F. Williams
Washington Law Review Online
This is an expanded version of a talk given at a conference in Seattle, Washington organized by Professor Hugh Spitzer, an accomplished state constitutional law scholar, to honor the contributions of Justice Robert Utter to the field of state constitutional law, both in Washington State and the nation.
The Once And Future Promise Of Access To Justice In Washington's Article I, Section 10, Debra Stephens
The Once And Future Promise Of Access To Justice In Washington's Article I, Section 10, Debra Stephens
Washington Law Review Online
This Essay is part of the Symposium on State Constitutional Law in Honor of the late Washington State Supreme Court Justice Robert F. Utter that was held on October 23, 2015.
End Of The Parallel Between Patent Law's § 284 Willfullness And § 285 Exceptional Case Analysis, Don Zhe Nan Wang
End Of The Parallel Between Patent Law's § 284 Willfullness And § 285 Exceptional Case Analysis, Don Zhe Nan Wang
Washington Journal of Law, Technology & Arts
Patent law’s “willful infringement” analysis under 35 U.S.C. § 284 and the “exceptional case” analysis under 35 U.S.C. § 285 are largely considered parallel, and essentially identical. In 2014, the Supreme Court of the United States drastically changed the standards for the § 285 exceptional case analysis in its Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc. decisions. This prompted two federal circuit judges to call for similar changes to the § 284 willful infringement analysis. On October 19, 2015, the Supreme Court granted certiorari to review whether such a …
Preserving Judicial Independence In Dominant Party States, Mark Tushnet
Preserving Judicial Independence In Dominant Party States, Mark Tushnet
NYLS Law Review
No abstract provided.
International Collaboration On Ip/Access To Medicines: Birth Of South Africa’S Fix The Patent Laws Campaign, Brook J. Baker
International Collaboration On Ip/Access To Medicines: Birth Of South Africa’S Fix The Patent Laws Campaign, Brook J. Baker
NYLS Law Review
No abstract provided.
Civil Government Lawyers In South Africa, Jonathan Klaaren
Civil Government Lawyers In South Africa, Jonathan Klaaren
NYLS Law Review
No abstract provided.
The Next Fifteen Years, Melynda Barnhart
Is Your Company At Risk Of An Activist Attack? Outsmarting Wolf Packs, Zalak Raval
Is Your Company At Risk Of An Activist Attack? Outsmarting Wolf Packs, Zalak Raval
Emory Business Law Review Perspectives
Using various law journal studies, newspaper articles, Congress's bill and a recent DOJ Settlement, Zalak Raval examines wolf-pack activism in recent years. The perspective begins by addressing how wolf packs exploit targeted industries. It explains how a wolf pack's investment strategy has a detrimental effect on target companies. Specially because the SEC shareholder disclosure rules are uncertain pertaining to the formation of a group, i.e. for shareholders who own less than five percent stock in the company. This in turn opens up loopholes for activists to exploit. The perspective specifically discusses the loopholes used by activists pertaining to Section 13(d) …
Three Wrongs Do Not Make A Right: Federal Sovereign Immunity, The Feres Doctrine, And The Denial Of Claims Brought By Military Mothers And Their Children For Injuries Sustained Pre-Birth, Tara Willke
Law Faculty Publications
Through the application of the judicially created Feres doctrine, female service members who suffer injuries during pregnancy or the birthing process as a result of military medical malpractice are barred from seeking recovery under the Federal Tort Claims Act (FTCA) and, depending on the jurisdiction in which the negligent medical treatment occurs, their children may also be barred from seeking recovery for the injuries they sustain as the result of the negligent prenatal medical care. The Feres doctrine spawned from the United States government's passage of the FTCA in 1946, which was intended to be a broad waiver of the …
Warehouse Receipts In United States Law – Summary For The Pacific-Rim, Drew L. Kershen
Warehouse Receipts In United States Law – Summary For The Pacific-Rim, Drew L. Kershen
Faculty Articles
The Second Pacific-Rim Colloquium (January 2015) had its focus on the business structure for warehouses and warehouse receipts and discussions about creating an Electronic Warehouse Receipts (EWR) system, particularly on an “open” or a “closed” system. The Colloquium identified two legal concepts – “negotiable” and “duly negotiated” – as the ultimate goals for a functioning EWR system. However, foundations for an EWR system must be in place before legal concepts can become functionally meaningful.
Feminism In The Age Of Trump, Jennifer Ching, Mai Ratakonda, Miriam Ticktin, Claudia Flores, Julie Suk, Jocelyn Getgen Kestenbaum, Susanna Mancini
Feminism In The Age Of Trump, Jennifer Ching, Mai Ratakonda, Miriam Ticktin, Claudia Flores, Julie Suk, Jocelyn Getgen Kestenbaum, Susanna Mancini
Cardozo Journal of Equal Rights & Social Justice
The symposium explores the challenges and opportunities for advancing gender equality through legal reforms, particularly focusing on the Equal Rights Amendment (ERA) and the intersectionality of women's rights with other social justice movements. It emphasizes the need for a more inclusive and systemic approach to addressing gender inequalities, highlighting both the historical struggles within the feminist movement and the contemporary barriers to achieving substantive equality. The discussion underscores the importance of constitutional and legislative reforms, such as the ratification of the ERA, to address ongoing disparities in pay, representation, and access to reproductive rights.
Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa Mortazavi
Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa Mortazavi
Faculty Articles
No abstract provided.
Redskins: The Property Right To Racism, M. Alexander Pearl
Redskins: The Property Right To Racism, M. Alexander Pearl
Faculty Articles
Everyone has an opinion, from President Obama to Matthew McConaughey, about the Washington football team name. This Article comprehensively analyzes the legal and social issues surrounding the mascot controversy. I focus my inquiry on the interaction of trademark law and Indian law. I offer three primary contributions in this Article. First, the current mainstream conception of harm caused by the team name is subjective, and I argue that the harm caused by the team name and logo is objective, testable, and demonstrable. Psychological research shows that these images harm Native people. Second, the remedies offered by the Lanham Act are …
Crowd Crush: How The Law Leaves American Crowds Unprotected, Tracy Hresko Pearl
Crowd Crush: How The Law Leaves American Crowds Unprotected, Tracy Hresko Pearl
Faculty Articles
Crowd-related injuries and deaths are startlingly common both in the United States and worldwide. They occur in a wide range of situations and at a vast array of venues: at music concerts, sporting events, and retail holiday sales, and in and around airports, subway platforms, and parking lots, among other locations. These “crowd crush” incidents, however, are extremely underreported and rarely litigated, masking the seriousness of this issue and making it difficult for the few victims who pursue legal recourse to recover damages. Given that there is virtually no statutory law in the United States pertaining to crowd management and …
Gambling Disorder, Vulnerability, And The Law: Mapping The Field, Stacey A. Tovino
Gambling Disorder, Vulnerability, And The Law: Mapping The Field, Stacey A. Tovino
Faculty Articles
This Article seeks to descriptively map the sub-field of gambling disorder and the law and ask whether individuals with gambling disorder are vulnerable under the law. Like other scholarship that descriptively maps ethical, legal, and social implications of lesser known conditions and developments, this Article seeks to describe the treatment of individuals with gambling disorder in a variety of illustrative, but not exhaustive, legal contexts, to identify the limited scholarship assessing the application of the law to individuals with gambling disorder, and to invite members of the health law academy to bring their significant expertise to bear on these issues …
El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian Mccall
El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian Mccall
Faculty Books and Book Chapters
Es imposible disociar la moral (o la ética) de la doctrina teológica. Como Richard Weaver explicó en el pasado siglo, las ideas tienen consecuencias. Por lo tanto, un cambio de doctrina teológica irá inevitablemente acompañado por un cambio en las normas que gobiernan la conducta. Dado que la ley humana es relativa a los usos y costumbres de la comunidad para la cual se dicta y se desarrolla a la luz de aquéllos, tales cambios terminarán abriéndose paso en las leyes. Después de quinientos años, las nuevas doctrinas del protestantismo han producido sus efectos sobre la moral y el derecho. …
Worthier For Whom?, Katheleen Guzman
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson, Stephen E. Henderson
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson, Stephen E. Henderson
Faculty Articles
What is the constitutional significance of the proverbial “keep off the grass” sign? This question—asked by curmudgeonly neighbors everywhere—has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding—and control over—access to property, “the people” may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education and empowerment: Fourth Amendment LAWn signs. With every …
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson
Faculty Articles
In Other People’s Papers, Jane Bambauer argues for careful reform of the Fourth Amendment’s third party doctrine, providing an important contribution to an increasingly rich field of scholarship, judicial opinion, statute, and law reform. Bambauer is especially concerned with access to bodies of third-party data that can be filtered and mined, as they can be privacy invasive but also effective and less subject to traditional investigative prejudices and limitations. Although her article provocatively overclaims in trying to set itself apart from existing proposals, by analyzing existing constitutional and statutory law—including what I have termed a “limited” third party doctrine—and comparing …
Vol. 21: No. 1 (Winter 2016) Masthead
Vol. 21: No. 1 (Winter 2016) Masthead
Roger Williams University Law Review
No abstract provided.
Race To Incarcerate: The Causes And Consequences Of Mass Incarceration, Marc Mauer
Race To Incarcerate: The Causes And Consequences Of Mass Incarceration, Marc Mauer
Roger Williams University Law Review
No abstract provided.
Rhode Island Department Of Corrections: Presentation, Caitlin O'Connor, Danielle Barron
Rhode Island Department Of Corrections: Presentation, Caitlin O'Connor, Danielle Barron
Roger Williams University Law Review
No abstract provided.
From Idiots And Lunatics To Incapacitated Persons And Respondents: The Evolution Of Guardianship Law In Rhode Island, Mark B. Heffner
From Idiots And Lunatics To Incapacitated Persons And Respondents: The Evolution Of Guardianship Law In Rhode Island, Mark B. Heffner
Roger Williams University Law Review
No abstract provided.
What Are Aging Parents Caring For Adult Children With Disabilities To Do? A Comprehensive Framework For A Healthy, Stable, Financially Sound Future, Jennifer M. Kirby-Mclemore
What Are Aging Parents Caring For Adult Children With Disabilities To Do? A Comprehensive Framework For A Healthy, Stable, Financially Sound Future, Jennifer M. Kirby-Mclemore
Roger Williams University Law Review
No abstract provided.