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Articles 11131 - 11160 of 12041
Full-Text Articles in Law
Intellectual Property Harms: A Paradigm For The Twenty-First Century, Jessica Silbey
Intellectual Property Harms: A Paradigm For The Twenty-First Century, Jessica Silbey
Faculty Scholarship
This short essay is part of a larger book project that investigates how contemporary intellectual property debates, especially in the digital age, are taking place over less familiar terrain: fundamental rights and values. Its argument draws from the diverse, personal accounts of interviews from everyday creators and innovators and focuses on descriptions of harms and, as some say “abuses,” they suffer within their practicing communities. The harms are not described are the usual harms that intellectual property law is understood to prevent. Typically, intellectual property injuries are conceived in individual terms and as economic injuries. An infringer is a thief. …
Dna And Law Enforcement: How The Use Of Open Source Dna Databases Violates Privacy Rights, Christine Guest
Dna And Law Enforcement: How The Use Of Open Source Dna Databases Violates Privacy Rights, Christine Guest
American University Law Review
No abstract provided.
U.S. Climate Change Law: A Decade Of Flux And An Uncertain Future, Cinnamon P. Carlarne
U.S. Climate Change Law: A Decade Of Flux And An Uncertain Future, Cinnamon P. Carlarne
American University Law Review
No abstract provided.
The Power Not To Tax, Kirk J. Stark
The Power Not To Tax, Kirk J. Stark
American University Law Review
No abstract provided.
Armored Plating And Aluminum Foil Are Not Like Products: Consequences Of The United States' Overbroad Interpretation Of Article Xxi Of The Gatt, Anthony Nardi
American University Law Review
No abstract provided.
Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer
Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer
Faculty Law Review Articles
There are tremendous disparities between high stakes original actions between states before the US. Supreme Court, where there is no waiver of federal sovereign immunity, and other types of cases in the lower courts, where a plethora of immunity waivers allow states and other parties to seek relief from the federal government for Fifth Amendment takings, unlawful agency action, and tort claims. Federal actions or omissions are often at the heart of the dispute, and federal involvement may be crucial for purposes of providing an equitable remedy to the state parties, but there is no reliable mechanism for bringing the …
A State Is A 'They' Not An 'It': Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, A. C. Johnstone
A State Is A 'They' Not An 'It': Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, A. C. Johnstone
Faculty Law Review Articles
This article explores how multistate litigation over the Affordable Care Act (ACA) reveals the pluralistic nature of state governance, challenging the conventional view of states as unitary actors. It analyzes conflicts among attorneys general, governors, and legislatures in shaping state positions on federal policy, highlighting the interplay of federalism, separation of powers, and partisan dynamics. Through landmark cases such as NFIB v. Sebelius, King v. Burwell, and Texas v. United States, the article demonstrates how state officials mobilize along national party lines while maintaining structural independence under state constitutions. These intrastate divisions complicate judicial assumptions about accountability …
Dillon's Rule: A Check On Sheriff's Authority To Enter 287(G) Agreements, Gregory Taylor
Dillon's Rule: A Check On Sheriff's Authority To Enter 287(G) Agreements, Gregory Taylor
American University Law Review
No abstract provided.
The Surprising Reach Of Fda Regulation Of Cannabis Even After Descheduling, Sean M. O'Connor, Erika Lietzan
The Surprising Reach Of Fda Regulation Of Cannabis Even After Descheduling, Sean M. O'Connor, Erika Lietzan
American University Law Review
No abstract provided.
Trial By Jury: Why It Works And Why It Matters, Kathleen M. O'Malley
Trial By Jury: Why It Works And Why It Matters, Kathleen M. O'Malley
American University Law Review
No abstract provided.
Ships In The Night: Resolving Administrative Conflict Between Fda- And Patent-Related Legislation, Carlos Garcia, Jonathan Stroud
Ships In The Night: Resolving Administrative Conflict Between Fda- And Patent-Related Legislation, Carlos Garcia, Jonathan Stroud
American University Law Review
No abstract provided.
Institutional Design For Innovation: A Radical Proposal For Addressing § 101 Patent-Eligible Subject Matter, Kristen Osenga
Institutional Design For Innovation: A Radical Proposal For Addressing § 101 Patent-Eligible Subject Matter, Kristen Osenga
American University Law Review
No abstract provided.
2018 Patent Law Decisions Of The Federal Circuit, Lori Gordon
2018 Patent Law Decisions Of The Federal Circuit, Lori Gordon
American University Law Review
No abstract provided.
2018 Government Contract Law Decisions Of The Federal Circuit, Collin Swan, Victor Pham
2018 Government Contract Law Decisions Of The Federal Circuit, Collin Swan, Victor Pham
American University Law Review
No abstract provided.
Senate Democracy: Our Lockean Paradox, Eric W. Orts
Senate Democracy: Our Lockean Paradox, Eric W. Orts
American University Law Review
No abstract provided.
Torts Without Names, New Torts, And The Future Of Liability For Intangible Harm, Kenneth S. Abraham, G. Edward White
Torts Without Names, New Torts, And The Future Of Liability For Intangible Harm, Kenneth S. Abraham, G. Edward White
American University Law Review
No abstract provided.
Clear And Convincing Civility: Applying The Civil Commitment Standard Of Proof To Civil Asset Forfeiture, Stephen J. Moss
Clear And Convincing Civility: Applying The Civil Commitment Standard Of Proof To Civil Asset Forfeiture, Stephen J. Moss
American University Law Review
No abstract provided.
A Global Lawyer: Celebrating The Contributions Of Herman Schwartz To The Rule Of Law, Ruth Bader Ginsburg
A Global Lawyer: Celebrating The Contributions Of Herman Schwartz To The Rule Of Law, Ruth Bader Ginsburg
American University Law Review
No abstract provided.
The Aggregate And Implied Powers Of The United States, Robert J. Reinstein
The Aggregate And Implied Powers Of The United States, Robert J. Reinstein
American University Law Review
No abstract provided.
A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky
A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky
American University Law Review
No abstract provided.
Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson
Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson
American University Law Review
No abstract provided.
Mitigating Risk, Eradicating Slavery, Ramona L. Lampley
Mitigating Risk, Eradicating Slavery, Ramona L. Lampley
American University Law Review
No abstract provided.
The New Social Contracts In International Supply Chains, David Snyder
The New Social Contracts In International Supply Chains, David Snyder
American University Law Review
No abstract provided.
Two-Sided Internet Markets And The Need To Assess Both Upstream And Downstream Impacts, Rob Frieden
Two-Sided Internet Markets And The Need To Assess Both Upstream And Downstream Impacts, Rob Frieden
American University Law Review
No abstract provided.
Mdl Immunity: Lessons From The National Prescription Opiate Litigation, Roger Michalski
Mdl Immunity: Lessons From The National Prescription Opiate Litigation, Roger Michalski
American University Law Review
No abstract provided.
America's Quiet Legacy Of Native American Voter Disenfranchisement: Prospects For Change In North Dakota After Brakebill V. Jaeger, Hannah Stambaugh
America's Quiet Legacy Of Native American Voter Disenfranchisement: Prospects For Change In North Dakota After Brakebill V. Jaeger, Hannah Stambaugh
American University Law Review
No abstract provided.
When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya Monestier
When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya Monestier
American University Law Review
No abstract provided.
An Analysis Of Selected Clusters Of Fires In Florida (1996 - 2018), Thomas Riley Hall
An Analysis Of Selected Clusters Of Fires In Florida (1996 - 2018), Thomas Riley Hall
Theses and Dissertations
Hidden within the day-to-day routine responses of fire departments are possible multiple fires set by individuals in a small area with an unusual frequency. These fires may be the initial announcement of an emerging serial offender who is declaring a wound, an intolerable life situation, or is triggered by unknown events. This study sought to predict incendiary fires within a known cluster by using observable variables, both prior to and after the cluster event. This was done to further our understanding of the characteristics of clusters of intentionally lit fires. This was accomplished by examining the Florida Fire Information Reports …
Archeology, Language, And Nature Of Business Corporations, Sergio Alberto Gramitto Ricci
Archeology, Language, And Nature Of Business Corporations, Sergio Alberto Gramitto Ricci
Hofstra Law Faculty Scholarship
This Article fills a gap in the corporate law literature, by excavating the language used to describe and regulate corporate entities at their origins. It traces the origins of the corporate form to Ancient Rome. It investigate the nature of current business corporations. It offers solutions to inform contemporary corporate law debates. It also sheds new light on the common understanding of legal personhood and on the issue that the term "person" raises in corporate theory.
Medical Condition Or Childcare Choice? Breastfeeding And Lactation Discrimination After Young V. Ups, Madeleine Gyory
Medical Condition Or Childcare Choice? Breastfeeding And Lactation Discrimination After Young V. Ups, Madeleine Gyory
Hofstra Law Faculty Scholarship
Women returning to work after giving birth, and who wish to breastfeed their child often need modest adjustments to their job or workplace that allow them to pump breast milk at work, such as break time and a clean, private room. But what if an employer denies this request or fires a woman for asking? The federal Pregnancy Discrimination Act ("PDA") prohibits employers from discriminating against workers based on their pregnancy, childbirth, or "related medical conditions." Under the PDA, as interpreted by the Supreme Court in Young v. UPS, employers must grant pregnant workers accommodations only if they grant similar …