Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (1210)
- Constitutional Law (1096)
- International Law (842)
- Criminal Law (801)
- Environmental Law (697)
-
- Intellectual Property Law (696)
- Health Law and Policy (687)
- Law and Society (682)
- Civil Rights and Discrimination (566)
- Legal Profession (554)
- Arts and Humanities (548)
- Courts (503)
- Human Rights Law (503)
- Legal Education (445)
- Science and Technology Law (438)
- Administrative Law (436)
- Land Use Law (435)
- State and Local Government Law (417)
- Comparative and Foreign Law (411)
- Criminal Procedure (388)
- Natural Resources Law (383)
- Law and Race (378)
- Legislation (365)
- Business (359)
- Contracts (358)
- Law and Gender (358)
- Public Affairs, Public Policy and Public Administration (349)
- Supreme Court of the United States (338)
- Business Organizations Law (330)
- Institution
-
- Yeshiva University, Cardozo School of Law (388)
- American University Washington College of Law (371)
- Brigham Young University Law School (318)
- Duke Law (287)
- University of Michigan Law School (280)
-
- Case Western Reserve University School of Law (271)
- Universitas Indonesia (265)
- William & Mary Law School (256)
- Fordham Law School (245)
- Columbia Law School (240)
- Maurer School of Law: Indiana University (224)
- Notre Dame Law School (211)
- Vanderbilt University Law School (194)
- University of Chicago Law School (190)
- University of Georgia School of Law (189)
- UC Law SF (186)
- Singapore Management University (181)
- Southern Methodist University (168)
- Schulich School of Law, Dalhousie University (163)
- University of Missouri School of Law (162)
- Osgoode Hall Law School of York University (155)
- University of North Carolina School of Law (152)
- University of Minnesota Law School (148)
- Texas A&M University School of Law (147)
- Brooklyn Law School (144)
- Washington and Lee University School of Law (141)
- Roger Williams University (135)
- Chulalongkorn University (132)
- Loyola University Chicago, School of Law (131)
- University of Miami Law School (127)
- Keyword
-
- COVID-19 (285)
- Law (255)
- Pandemic (134)
- Coronavirus (111)
- First Amendment (104)
-
- Constitutional law (103)
- Constitution (99)
- Copyright (95)
- Human rights (92)
- Justice (92)
- Technology (92)
- Privacy (91)
- Theology (90)
- Immigration (87)
- Philosophy (87)
- Public health (86)
- Supreme Court (85)
- Climate change (81)
- Discrimination (79)
- International law (78)
- Politics (76)
- Regulation (76)
- Constitutional Law (73)
- United States (73)
- American Religious Democracy (70)
- Hallowed Secularism (70)
- Bankruptcy (69)
- Intellectual property (67)
- Courts (66)
- Antitrust (65)
- Publication
-
- Faculty Scholarship (720)
- Articles (290)
- Faculty Publications (219)
- Utah Court of Appeals Briefs (2020 –) (188)
- Research Collection Yong Pung How School Of Law (168)
-
- Scholarly Works (159)
- Indonesian Notary (158)
- Chulalongkorn University Theses and Dissertations (Chula ETD) (132)
- Georgetown Law Faculty Publications and Other Works (109)
- Fordham Law Review (107)
- The International Journal of Ethical Leadership (98)
- Articles, Book Chapters, & Popular Press (96)
- internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation) (91)
- Mercer Law Review (77)
- Review of law sciences (74)
- Vanderbilt Law School Faculty Publications (74)
- All Faculty Scholarship (73)
- Sustainable Development Law & Policy (72)
- Faculty Articles (71)
- Hallowed Secularism (70)
- Journal Articles (69)
- Utah Law Faculty Scholarship (67)
- Law Faculty Scholarship (66)
- Scholarly Articles in Law Reviews & Journals (66)
- Articles by Maurer Faculty (65)
- Publications (65)
- Articles & Book Chapters (62)
- Public Land & Resources Law Review (61)
- BYU Law Review (60)
- Student Works (60)
- Publication Type
- File Type
Articles 12781 - 12810 of 12812
Full-Text Articles in Law
Defusing Bullies, Heidi K. Brown
Get With The Pronoun, Heidi K. Brown
Thailand: The Evolution Of Law, The Legal Profession And Political Authority, Frank W. Munger
Thailand: The Evolution Of Law, The Legal Profession And Political Authority, Frank W. Munger
Articles & Chapters
This article describes the origin and development of the modern Thai legal profession. Intimately linked in origin to the development of the modern Thai state, the legal profession increasingly resembles the profession in economically developed democracies. Paralleling other regional developments, Thailand’s rapid economic development, constitutional reforms, and expanding judicialization drives many of the most important changes in the education and function of lawyers. Significant differences continue to exist between the profession in Thailand and legal professions in developed democracies, reflecting the profession’s origins and the continuing influence of consciousness and class structure as well as Thailand’s peculiarly semi-democratic and monarchical …
Transfixed In The Camera's Gaze: Foster V. Svenson And The Battle Of Privacy And Modern Art, Michael Goodyear
Transfixed In The Camera's Gaze: Foster V. Svenson And The Battle Of Privacy And Modern Art, Michael Goodyear
Articles & Chapters
The battle between First Amendment expression and privacy interests in twenty-first century America is in full force. In Foster v. Svenson, a photographer used a high-powered camera to take snapshots of his neighbors. The New York court ruled that it was art and therefore immune from New York’s privacy statute. Constrained by New York’s ineffective privacy statute, the court’s ruling included a cry for the New York legislature to act.
Privacy has become an increasingly powerful right in American law, especially with the growth of technology. Yet the problem with Foster and the New York statute is that the sole …
A Shield Or A Solution: Confronting The New Copyright Troll Problem, Michael Goodyear
A Shield Or A Solution: Confronting The New Copyright Troll Problem, Michael Goodyear
Articles & Chapters
The past few years have seen the rise of a new threat to American access to knowledge and creativity: the attorney copyright troll. While previous scholarship has focused on the copyright owner as a copyright troll, this note examines the motivations and dangers of the attorney as a copyright troll. Guided by the rewards copyright infringement cases offer and equipped with mass mailed letters threatening thousands of purported infringers, these attorneys are practicing a new brand of copyright law focused on extorting money over pursuing legitimate claims. This poses a danger to the spirit of copyright.
Since the efforts of …
Keeping The Barbarians At The Gates: The Promise Of The Unesco And Unidroit Conventions For Developing Countries, Michael Goodyear
Keeping The Barbarians At The Gates: The Promise Of The Unesco And Unidroit Conventions For Developing Countries, Michael Goodyear
Articles & Chapters
The illicit trade in cultural property is a global phenomenon, powered by criminal networks and smuggling trains that sacrifice local culture for the black market of the art world. Headlines featuring the Islamic State’s lucrative exchange in stolen cultural property, among other incidents, have raised the profile of the illicit cultural property trade on the global stage. Developing countries, as the most prominent source countries of cultural property, are particularly at risk. Existing scholarship has searched for a solution to this crisis, suggesting a new international treaty to protect cultural property or recommending the utilization of adjacent legal fields. However, …
Fair Use, The Internet Age, And Rulifying The Blogosphere, Michael Goodyear
Fair Use, The Internet Age, And Rulifying The Blogosphere, Michael Goodyear
Articles & Chapters
The fair use analysis in copyright law is, at present, a confusing and sometimes contradictory entanglement of four factors whose outcome is not guaranteed until it comes before a court ex post. Despite the four factors being listed as clearly delineated points in § 107, in reality, these factors have substantial overlap and courts have provided contradictory rulings even in the same circuit. This article builds on the earlier suggestions of Niva Elkin-Koren and Orit Fischman-Afori in suggesting rulification of fair use in specific creative contexts to better distinguish the legal standards for fair use for the population at large. …
Off-Label Drug Risks: Toward A New Fda Regulatory Approach, George Horvath
Off-Label Drug Risks: Toward A New Fda Regulatory Approach, George Horvath
Faculty Scholarship
No abstract provided.
Sentenced To Surveillance: Fourth Amendment Limits On Electronic Monitoring, Kate Weisburd
Sentenced To Surveillance: Fourth Amendment Limits On Electronic Monitoring, Kate Weisburd
Faculty Scholarship
As courts and legislatures increasingly recognize that “digital is different” and attempt to limit government surveillance of private data, one group is conspicuously excluded from this new privacy-protective discourse: the five million people in the United States on probation, parole, or other forms of community supervision. This Article is the first to explore how warrantless electronic surveillance is dramatically transforming community supervision and, as a result, amplifying a growing privacy-protection disparity: those in the criminal legal system are increasingly losing privacy protections even while those not in the system are increasingly gaining privacy protections. The quickly expanding use of GPS-equipped …
The Legal Reconstruction Of Walls: N.D. & N.T. V. Spain, 2017, 2020, Moria Paz
The Legal Reconstruction Of Walls: N.D. & N.T. V. Spain, 2017, 2020, Moria Paz
Faculty Scholarship
Recently, Western democracies have turned to building border walls as a strategy of immigration control. This Article makes two claims. First, human rights courts and quasi-judicial bodies are deeply implicated in this move. In the past decade or so, these institutions have been successful in both enforcing and creating new rights for asylum seekers and irregular migrants. They have used variants of access to guarantee hyper-protection to individual non-nationals who have either entered a host state or come under its effective control. This legal success has resulted in the unintended consequence of rendering wall-building a logical move for state prevention …
Reclaiming Black Dignity, John Felipe Acevedo
Reclaiming Black Dignity, John Felipe Acevedo
Essays, Reviews, and Shorter Works
As American society seeks to institute police reforms in the wake of the protests following George Floyd's murder, the imperative to include communities that have been disproportionately victimized by police in those reform processes becomes increasingly apparent. For members of these communities, questions of police reform implicate not only physical violence, but violations of human dignity itself. When police discriminate against individuals from a particular community, they enact a dignity taking on that community and claim that dignity for themselves. Therefore, for reform to be meaningful, the dignity taken by the police must be restored to the communities it was …
A Tale Of Two Courts, Deepa Das Acevedo
A Tale Of Two Courts, Deepa Das Acevedo
Essays, Reviews, and Shorter Works
No abstract provided.
The Political Patterns Of Bail Reform, Russell M. Gold, Ronald F. Wright
The Political Patterns Of Bail Reform, Russell M. Gold, Ronald F. Wright
Essays, Reviews, and Shorter Works
No abstract provided.
Which Textualism?, Tara Leigh Grove
Which Textualism?, Tara Leigh Grove
Essays, Reviews, and Shorter Works
No abstract provided.
The Two-Body Problem, Paul Horwitz
The Two-Body Problem, Paul Horwitz
Essays, Reviews, and Shorter Works
No abstract provided.
The Forest, The Trees, And Lone Pine Orders, Adam N. Steinman
The Forest, The Trees, And Lone Pine Orders, Adam N. Steinman
Essays, Reviews, and Shorter Works
No abstract provided.
No Laughing Matter, Adam N. Steinman
No Laughing Matter, Adam N. Steinman
Essays, Reviews, and Shorter Works
No abstract provided.
Of Death And Delusion: What Survives Kahler V. Kansas, Fredrick E. Vars
Of Death And Delusion: What Survives Kahler V. Kansas, Fredrick E. Vars
Essays, Reviews, and Shorter Works
Mental illness is not a crime. That fundamental proposition is threatened by the Supreme Court's recent decision in Kahler v. Kansas, which allows states to abolish the insanity defense. This Essay presents three examples of absurd and discriminatory results that could follow. But the conclusion is a positive one: constitutional constraints not considered in Kahler-the Equal Protection Clause and the Eighth Amendment-should prevent the worst results from materializing.
Remedies For Police Shootings: A Comment On Slater, Richard Delgado
Remedies For Police Shootings: A Comment On Slater, Richard Delgado
Essays, Reviews, and Shorter Works
No abstract provided.
The Habit Of A Judge: A History Of Court Dress In England & Wales, And Australia, By Daniel Yazdani Book Review, Paul M. Pruitt Jr.
The Habit Of A Judge: A History Of Court Dress In England & Wales, And Australia, By Daniel Yazdani Book Review, Paul M. Pruitt Jr.
Essays, Reviews, and Shorter Works
No abstract provided.
Separating Fact From Fiction In Evaluating The Endangered Species Act: Recognizing The Need For Ongoing Conservation Management And Regulation, William L. Andreen
Separating Fact From Fiction In Evaluating The Endangered Species Act: Recognizing The Need For Ongoing Conservation Management And Regulation, William L. Andreen
Articles
No abstract provided.
Safety, Crisis, And Criminal Law, Jenny E. Carroll
The Due Process Of Bail, Jenny E. Carroll
The Due Process Of Bail, Jenny E. Carroll
Articles
The Due Process Clause is a central tenet of criminal law's constitutional canon. Yet defining precisely what process is due a defendant is a deceptively complex proposition. Nowhere is this more true than in the context of pretrial detention, where the Court has relied on due process safeguards to preserve the constitutionality of bail provisions. This Article considers the lay of the bail due process landscape through the lens of the district court's opinion in ODonnell v. Harris County and the often convoluted historical description of pretrial due process. Even as the ODonnell court failed to characterize pretrial process as …
Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo
Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo
Articles
In the era of COVID-19, the term essential labor has become part of our daily lexicon. Between March and May 2020, essential labor was not just the only kind of paid labor occurring across most of the United States; it was also, many argued, the only thing preventing utter economic and humanitarian collapse. As a result of this sudden significance, legal scholars, workers' advocates, and politicians have scrambled to articulate exactly what makes essential labor "essential." Some commentators have also argued that the rise of essential labor as a conceptual category disrupts or should disrupt longstanding patterns in the way …
Health Justice Strategies To Eradicate Lead Poisoning: An Urgent Call To Safeguard Future Generations, Allyson E. Gold, Emily A. Benfer, Emily Coffey, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz
Health Justice Strategies To Eradicate Lead Poisoning: An Urgent Call To Safeguard Future Generations, Allyson E. Gold, Emily A. Benfer, Emily Coffey, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz
Articles
Despite over a century of evidence that lead is a neurotoxin that causes irreparable harm, today, lead continues to pervade children's environments and remains a constant threat to health and wellbeing. One in three homes across the United States housing children under the age of six has significant lead-based paint hazards that place occupants at risk of permanent neurological harm and lifelong poor health risks. Federal, state, and local governments must use a range of primary prevention strategies in order to fully eradicate the risks and protect children from lead poisoning. This Article provides a comprehensive examination of best practices …
Farm-Raised Trout, Richard Delgado, Jean Stefancic
Paying For Pretrial Detention, Russell M. Gold
Paying For Pretrial Detention, Russell M. Gold
Articles
American criminal law vastly overuses pretrial detention even as it purports to presume defendants innocent. This Article compares financial incentives in pretrial detention to those in civil preliminary injunctions. Both are procedures where one of the parties seeks relief before judgment. And yet, these two procedures employ financial incentives in opposite ways. Civil procedure discourages interim relief by requiring plaintiffi to bear financial risk when they obtain a preliminary injunction. Criminal law does the opposite-encouraging interim relief by requiring defendants to pay to avoid pretrial detention. The reasons that civil procedure relies on financial incentives to discourage requests for interim …
Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove
Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove
Articles
There is something missing in interpretive theory. Recent controversies-involving, for example, the first travel ban and funding for sanctuary cities-demonstrate that presidential "laws" (executive orders, proclamations, and other directives) raise important questions of meaning. Yet, while there is a rich literature on statutory interpretation and a growing one on regulatory interpretation, there is no theory about how to discern the meaning of presidential directives. Courts, for their part, have repeatedly assumed that presidential directives should be treated just like statutes. But that does not seem right: theories of interpretation depend on both constitutional law and institutional setting. For statutes, the …
The First Amendment As A Procrustean Bed?: On How And Why Bright Line First Amendment Tests Can Stifle The Scope And Vibrancy Of Democratic Deliberation, Ronald J. Krotoszynski Jr.
The First Amendment As A Procrustean Bed?: On How And Why Bright Line First Amendment Tests Can Stifle The Scope And Vibrancy Of Democratic Deliberation, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Occupational Licensing And The Opioid Crisis, Benjamin J. Mcmichael
Occupational Licensing And The Opioid Crisis, Benjamin J. Mcmichael
Articles
The United States' affordable care crisis and chronic physician shortage have required nurse practitioners to assume increasingly important roles in the healthcare system. Nurse practitioners can address critical access-to-care problems, provide safe and effective care, and lower the cost of care. However, restrictive occupational licensing laws - specifically, scope-of-practice laws - have limited their ability to care for patients. Spurred by interest groups opposed to allowing nurse practitioners to practice independently, states require physician supervision of nurse practitioners. Research has discredited many of the traditional reasons for these restrictive laws, but emerging arguments assert that independent practice will deepen the …