Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (990)
- Social and Behavioral Sciences (886)
- International Law (833)
- Intellectual Property Law (652)
- Criminal Law (644)
-
- Law and Society (573)
- Civil Rights and Discrimination (561)
- Legal Education (554)
- Environmental Law (545)
- Health Law and Policy (504)
- Human Rights Law (485)
- Courts (466)
- Science and Technology Law (454)
- Supreme Court of the United States (438)
- State and Local Government Law (419)
- Arts and Humanities (416)
- Comparative and Foreign Law (414)
- Administrative Law (404)
- Law and Race (379)
- Legislation (376)
- Criminal Procedure (354)
- Business (340)
- Law and Politics (337)
- Law and Gender (334)
- Legal Profession (323)
- Business Organizations Law (317)
- Internet Law (301)
- Law and Economics (301)
- Dispute Resolution and Arbitration (300)
- Institution
-
- Yeshiva University, Cardozo School of Law (664)
- Brigham Young University Law School (303)
- Notre Dame Law School (291)
- American University Washington College of Law (253)
- Ohio Northern University (246)
-
- University of Michigan Law School (232)
- Duke Law (209)
- Seton Hall University (201)
- William & Mary Law School (200)
- Universitas Indonesia (199)
- Fordham Law School (188)
- Maurer School of Law: Indiana University (186)
- Vanderbilt University Law School (175)
- Association of Arab Universities (172)
- University of North Carolina School of Law (158)
- University of Chicago Law School (154)
- Columbia Law School (152)
- Southern Methodist University (149)
- Loyola University Chicago, School of Law (143)
- University of Missouri School of Law (143)
- Roger Williams University (142)
- University of Georgia School of Law (140)
- UC Law SF (139)
- Case Western Reserve University School of Law (138)
- University of Richmond (138)
- University of Minnesota Law School (135)
- Osgoode Hall Law School of York University (134)
- Washington and Lee University School of Law (133)
- Brooklyn Law School (132)
- University of Tennessee College of Law (124)
- Keyword
-
- Law (146)
- Constitutional law (125)
- Supreme Court (117)
- International law (101)
- Climate change (100)
-
- Privacy (98)
- Human rights (92)
- Discrimination (85)
- Abortion (79)
- COVID-19 (78)
- Copyright (78)
- Education (77)
- Regulation (76)
- Criminal law (75)
- First Amendment (73)
- Technology (73)
- Race (71)
- Administrative law (66)
- Artificial intelligence (64)
- AI (63)
- Constitution (63)
- Intellectual property (63)
- Environmental law (62)
- International Law (61)
- Legislation (58)
- United States (57)
- Dobbs (56)
- Policy (56)
- Constitutional Law (55)
- Justice (55)
- Publication
-
- Faculty Scholarship (544)
- Articles (250)
- Ohio Northern University Law Review (245)
- Faculty Publications (225)
- Utah Court of Appeals Briefs (2020 –) (183)
-
- Scholarly Works (112)
- Chulalongkorn University Theses and Dissertations (Chula ETD) (109)
- Student Works (104)
- Midad AL-Adab Refereed Quarterly Journal (103)
- Faculty Articles (100)
- Research Collection Yong Pung How School Of Law (83)
- 2023–2024 Flyers (74)
- Vanderbilt Law School Faculty Publications (73)
- 2022–2023 Flyers (72)
- Fordham Law Review (72)
- Journal Articles (69)
- internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation) (69)
- Georgetown Law Faculty Publications and Other Works (67)
- Roger Williams University Law Review (66)
- The Journal of the Michigan Dental Association (66)
- Mercer Law Review (65)
- Scholarly Articles (61)
- FIU Law Review (60)
- Georgia State University Law Review (60)
- Tennessee Journal of Law and Policy (59)
- GW Law Faculty Publications & Other Works (58)
- Jurnal Hukum & Pembangunan (55)
- Law Faculty Publications (53)
- Seton Hall Law Review (53)
- Cardozo Law Review (51)
- Publication Type
Articles 121 - 150 of 11463
Full-Text Articles in Law
Value Judgments In Judicial Reasoning, And The Instability Of The Fact-Law Distinction, Stephen A. Simon
Value Judgments In Judicial Reasoning, And The Instability Of The Fact-Law Distinction, Stephen A. Simon
University of Cincinnati Law Review
No abstract provided.
Must Courts Recalibrate Tort Law Governing Firearms In Light Of The Second Amendment?, Lars Noah
Must Courts Recalibrate Tort Law Governing Firearms In Light Of The Second Amendment?, Lars Noah
University of Cincinnati Law Review
The rules governing the scope of liability in cases where firearms cause injuries—some well-established, others fairly novel—help to define the responsibilities of users, owners, and sellers of these popular but dangerous products. As the U.S. Supreme Court has recently expanded an individual’s right to keep and bear arms, some have wondered whether the Second Amendment might operate to limit the reach of these various tort doctrines. Sixty years ago, the Court started to constitutionalize various aspects of state common law, most famously using the First Amendment to limit defamation claims but in other respects as well. A comparable approach to …
Voluntary Dismissals, Jurisdiction & Waiving Appellate Review, Bryan Lammon
Voluntary Dismissals, Jurisdiction & Waiving Appellate Review, Bryan Lammon
University of Cincinnati Law Review
Litigants have long tried to manufacture a final, appealable decision by voluntarily dismissing their claims after an adverse interlocutory decision. Recently—and especially since the Supreme Court’s decision in Microsoft Corp. v. Baker—courts have thought that these dismissals created a jurisdictional problem. Either the voluntary dismissal did not produce a final decision, or the dismissal extinguished Article III jurisdiction. But the problem with these appeals is not jurisdictional. It’s waiver. A voluntary dismissal after an adverse interlocutory decision waives the right to appellate review. This Article shows the flaws in the jurisdictional rejection of this kind of manufactured finality and …
Pooling And Exchanging Competitively Sensitive Information Among Rivals: Absolutely Illegal Not Just Unreasonable, Peter C. Carstensen, Annkathrin Marschall
Pooling And Exchanging Competitively Sensitive Information Among Rivals: Absolutely Illegal Not Just Unreasonable, Peter C. Carstensen, Annkathrin Marschall
University of Cincinnati Law Review
An agreement to exchange competitive sensitive information among rivalrous competitors usually results from an intent to inhibit or restrict the discretion of those firms to engage in competition. Basic economic logic about competition leads to that conclusion. Hence, such an exchange is in itself a naked agreement in restraint of trade without legal justification. Currently, case law requires a more convoluted and irrelevant inquiry into market definition and market power before a court can condemn such agreements. This is the result of ambiguous Supreme Court decisions as well as the recognition that in a few instances there are plausible arguments …
Section 230 As Civil Rights Statute, Enrique Armijo
Section 230 As Civil Rights Statute, Enrique Armijo
University of Cincinnati Law Review
Many of our most pressing discussions about justice, progress, and civil rights have moved online. Activists advocating for social change no longer need to be in the same physical space to connect with others who share their challenges and aspirations. But the convergence of mobility, connectivity, and technology is not the only reason why. Thanks to Section 230 of the Communications Decency Act’s (“Section 230”) immunity for online platforms, websites, and their hosts, speakers can engage in speech about protest, equality, and dissent without fear of collateral censorship from governments, authorities, and others in power who hope to silence them. …
Book Review: Inequality In America: Causes And Consequences, Eya Mahouachi
Book Review: Inequality In America: Causes And Consequences, Eya Mahouachi
The Journal of Values-Based Leadership
Inequality in America: Causes and Consequences is a recent book authored by Rycroft (economics, Univ. of Mary Washington, Fredericksburg, VA) and Kinsley (business law, Univ. of Mary Washington, Fredericksburg, VA) and was written by scholars, advanced graduate students, and expert practitioners. Their book attempts to bridge the gap in scholarship and practice by incorporating the causes and consequences of history, the current state of inequality in the United States, and future consequences if left unresolved. This book is structured according to fundamental topics such as education, healthcare, housing, environmental issues, and the justice system. Using an effective approach to teaching …
Media Literacy Policy In Morocco: A Strategic Milestone Missing, Abderrahim Chalfaouat, Karim Essoufi
Media Literacy Policy In Morocco: A Strategic Milestone Missing, Abderrahim Chalfaouat, Karim Essoufi
Journal of Media Literacy Education
In the digital age, diverse walks of human life have reconfigured profoundly. In the Moroccan society, digitalisation plans and the skyrocketing numbers of internet users necessitate coping literacy policies. While several community initiatives have been taken to improve the quality of media literacy, they, as bottom-up efforts, cannot suffice to meet the needs of the whole Moroccan population. Rather, the absence of a central, nationwide, cross-sectoral media literacy policy significantly challenges the effective coordination of official strategies and community initiatives in media education. This article investigates current practices in media literacy in Morocco. Using document analysis, it delves into data …
No Family For The Holidays In Sacramento: California's Capital Lags Far Behind Most Every Other Major California County In Placing Foster Children With Family Members, Children's Advocacy Institute, University Of San Diego School Of Law
No Family For The Holidays In Sacramento: California's Capital Lags Far Behind Most Every Other Major California County In Placing Foster Children With Family Members, Children's Advocacy Institute, University Of San Diego School Of Law
CAI Special Reports
No abstract provided.
Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie
Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Smart Money For The People: Using Financial Innovation And Technology To Promote Esg, Frank Emmert
Smart Money For The People: Using Financial Innovation And Technology To Promote Esg, Frank Emmert
Duke Law & Technology Review
Traditional fiat currencies managed by governments and central banks have had negative impacts on environmental, social, and governance (ESG) goals. Central banks in mature democracies pursue policies that prioritize economic growth and high employment. However, these policies often lead to inflation, eroding the savings and pension funds of average citizens and encouraging risky behavior by banks and entrepreneurs. The pursuit of endless growth is socially and environmentally unsustainable. Leaders in developing countries and dictatorships use expansive monetary policy to maintain their positions, further exacerbating the situation. Convertible fiat currencies moving across borders in untraceable transactions evade regulation and taxation, with …
Constitutional Right To A Fair Trial And Social Justice Influence, Kaitlyn Marchant
Constitutional Right To A Fair Trial And Social Justice Influence, Kaitlyn Marchant
Pace Law Review
This article evaluates the challenges that have arisen from the growth of social media and its influence on the right to the fair trial process in high-profile cases. Pretrial publicity through media exposure can bias potential jurors, potentially leading to decisions based on outside information rather than courtroom evidence. The article highlights the risks associated with jurors being exposed to external information through various media sources, which can significantly impact their objectivity and ability to make impartial judgments. It scrutinizes the limitations of the existing legal framework in addressing these challenges, including the reliance on jurors’ assurances of impartiality and …
Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux
Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto
Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto
Chicago-Kent Journal of Intellectual Property
Patent offices are developing new programs to help in climate change mit- igation. What can they deliver? This Article provides a contemporary overview of the different green technology initiatives promoted by patent offices: fast- tracking of patent applications, search platforms, applicant resources, and publicity and awareness programs. The Article concludes that special treat- ment of green technology is fair and administrable when programs are openly accessible but narrowly tailored. The most tangible effect of these initiatives is the increased control by the patentee over the patenting and commercialization process, which is valuable even when effects of these programs on technology …
Jack Daniel’S Properties V. Vip Products And The Current State Of Trademark Fair Use, Christine Haight Farley
Jack Daniel’S Properties V. Vip Products And The Current State Of Trademark Fair Use, Christine Haight Farley
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy
Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Enablement For Genus Claims: A Bifurcated Approach, Jie Yang
Enablement For Genus Claims: A Bifurcated Approach, Jie Yang
Chicago-Kent Journal of Intellectual Property
Abstract After two jury trials, two trips to the Federal Circuit, and two petitions to the Supreme Court, the Court this past term decided Amgen Inc. v. Sanofi without much controversy. In a unanimous decision, the Court affirmed the invalidation of Amgen’s functional antibody claims for lack of enablement. As a result, inventors down the road, not just life sciences companies, may find it more difficult to obtain broad patents. Although the Court was clear that Amgen may not “monopolize an entire class of things defined by their function,” the opinion fell short of guiding lower courts on how to …
The Death Of The Litmus Test, Dale Cendali, Abbey Quigley
The Death Of The Litmus Test, Dale Cendali, Abbey Quigley
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel
Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Surveys In Jack Daniel’S V. Vip, Shari Seidman Diamond
Surveys In Jack Daniel’S V. Vip, Shari Seidman Diamond
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Inside Or Outside?: Remarks On Abitron V. Hetronic (U.S. 2023), Margaret Chon
Inside Or Outside?: Remarks On Abitron V. Hetronic (U.S. 2023), Margaret Chon
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Written Statement: Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith, Yolanda M. King
Written Statement: Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith, Yolanda M. King
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Amgen V. Sanofi And The Return Of Patent Formalism To The Supreme Court, Laura Pedraza-Fariña
Amgen V. Sanofi And The Return Of Patent Formalism To The Supreme Court, Laura Pedraza-Fariña
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Some Thoughts On Warhol And The Future Of Transformative Works, Zvi S. Rosen
Some Thoughts On Warhol And The Future Of Transformative Works, Zvi S. Rosen
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Comments On Amgen V. Sanofi, Oskar Liivak
Comments On Amgen V. Sanofi, Oskar Liivak
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Curious Case Of Justice Neil Gorsuch, Justin Burnworth
The Curious Case Of Justice Neil Gorsuch, Justin Burnworth
Pace Law Review
Justice Gorsuch has a propensity for unexpected decisions. His opinions in Bostock v. Clayton County, United States v. Vaello Madero, and McGirt v. Oklahoma confounded the legal community at large. Some argue that his Western upbringing played a role. Others argue that his time clerking for Justice Kennedy primed him for unpredictable decisions. These explanations do not get at the core of Justice Gorsuch’s legal reasoning. This article dives into the depths of these opinions to extract his “Enduring” theories of law. I argue that legal scholarship has incorrectly viewed these three decisions as isolated incidents when they are best …
Implied Warranty Claims Under The Magnuson-Moss Warranty Act: Resolving Fifty Years Of Uncertainty, Stephen E. Friedman
Implied Warranty Claims Under The Magnuson-Moss Warranty Act: Resolving Fifty Years Of Uncertainty, Stephen E. Friedman
Pace Law Review
This Article addresses whether Congress intended for consumers to bring implied warranty claims on consumer products under the Magnuson-Moss Warranty Act in all instances or only when a defective product is covered by a written warranty. The question, unresolved almost fifty years after the Act’s passage, is of great practical importance because consumers who bring claims under the Act are eligible for attorneys’ fees and other potential advantages not available to plaintiffs bringing warranty claims under state law. This Article analyzes the two current approaches courts have taken to address the issue: a broad approach where consumers can bring a …
Large Language Models: Ai's Legal Revolution, Adam Allen Bent
Large Language Models: Ai's Legal Revolution, Adam Allen Bent
Pace Law Review
This article contemplates and advocates for the use of Artificial Intelligence (“AI”) through Large Language Models (“LLM”) in legal practice. The author ultimately addresses the need to orient LMMs within varying legal contexts including academia, private practice, as well as the U.S. court system. Additionally, the author emphasizes the inevitability of AI and LLM systems infiltrating legal practice, and the reality that the industry must acknowledge and accept these systems to regulate and to provide better while still ethical legal services. Large Language Models: AI’s Legal Revolution, begins by walking the reader through the history of technological innovation of AI, …
Navigating Identity, Belonging, And Purpose In A Society In Flux, Chris Rabb
Navigating Identity, Belonging, And Purpose In A Society In Flux, Chris Rabb
Pace Law Review
Chris Rabb is a family historian, author, and thought leader at the intersection of social identity, civic innovation, and equity. This is a lightly edited transcript of his 2023 Dyson Distinguished Lecture delivered at the Elisabeth Haub School of Law at Pace University on October 25, 2023.
Rethinking The Presumption Of Enablement In Nonpatent Prior Art, Gabrielle Carlini
Rethinking The Presumption Of Enablement In Nonpatent Prior Art, Gabrielle Carlini
Duke Law Journal
The rising popularity of tools such as preprint servers, open-access data sources, and generative artificial intelligence has resulted in a proliferation of prior art that has never been seen before under the current patent system. In a rapidly changing world, patent law is slow to catch up, and the current system is not equipped to handle the flood of incoming prior art. In the academic research setting in particular, while the use of preprint servers and open-source data has allowed researchers to participate in widespread information exchange, these tools have also generated a new, large class of prior art dedicated …
About Selected Current Problems In The Financial Services Market, Edyta Rutkowska-Tomaszewska
About Selected Current Problems In The Financial Services Market, Edyta Rutkowska-Tomaszewska
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
From the volume editor