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Full-Text Articles in Law

Legislating Access To Adult Wards: Examining The Need To Narrow An Adult Ward's World, Melanie S. Mcneil Aug 2012

Legislating Access To Adult Wards: Examining The Need To Narrow An Adult Ward's World, Melanie S. Mcneil

Marquette Elder's Advisor

This article looks at recent legislation that has addressed access to adult wards.


Access To Spatial Data: The Political Power Of Legal Control Mechanisms, Patrice A. Day Aug 2012

Access To Spatial Data: The Political Power Of Legal Control Mechanisms, Patrice A. Day

Theses and Dissertations

According to the U.S. Supreme Court (Island Trees School District v. Pico, 457 U.S. 853, 1982), the Constitution presupposes that the free flow of information between the government and the public is essential to maintaining an informed citizenry, which in turn is essential to holding governments accountable. However, local governments are increasingly using various legal mechanisms to limit public access to geographic information (GI), and this in turn can potentially disrupt this balance. Licensing and copyright are two such mechanisms that local government agencies are using to limit GI access and distribution.

If information is power, whoever controls information, controls …


The Harmony Between Professional Conscience Rights And Patients’ Right Of Access, Matthew S. Bowman Mar 2012

The Harmony Between Professional Conscience Rights And Patients’ Right Of Access, Matthew S. Bowman

Matthew S Bowman

Abstract: “Access” is the new catchphrase for expanding privacy rights. This shift moves from seeking merely legalization, to demanding government assistance and the participation of private citizens. The trend can be seen across a spectrum of activities such as abortion, contraception, doctor-prescribed suicide, and reproductive technologies. Shifting from legalization to access, however, has precipitated a variety of disputes over the “right of conscience” of health professionals who don’t want to assist activities so defined under the right to privacy. Yet amidst this debate, advocates for and against the right of conscience tend to adopt some of the same, often unspoken, …


Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review, J. Hafetz Jan 2012

Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review, J. Hafetz

ILSA Journal of International & Comparative Law

Since the September 11, 2001 terrorist attacks, national security law has exploded as a field of study.


Land Aesthetics V. Wireless Channel Access: The Case For Local Authority To Regulate The Visible, But Not The Wireless, Interface Of Antennas, Douglas Spoerl Jan 2012

Land Aesthetics V. Wireless Channel Access: The Case For Local Authority To Regulate The Visible, But Not The Wireless, Interface Of Antennas, Douglas Spoerl

University of Baltimore Journal of Land and Development

No abstract provided.


Access To Justice For Aboriginal And Torres Strait Islander People, Elena Marchetti Jan 2012

Access To Justice For Aboriginal And Torres Strait Islander People, Elena Marchetti

Faculty of Law, Humanities and the Arts - Papers (Archive)

I would firstly like to pay respect to the traditional and original owners of this land the Mouheneenner people - to pay respect to those that have passed before us and to acknowledge today’s Tasmanian Aboriginal community who are the custodians of this land.

There is a preference these days for Aboriginal and Torres Strait Islander peoples to be referred to separately rather than under the umbrella term of ‘Indigenous’ and I will try and honour that preference as much as I can. However, in some circumstances I will be using the term ‘Indigenous’ because it better suits the content …


Three Theories Of Copyright In Ratings, James Grimmelmann Jan 2012

Three Theories Of Copyright In Ratings, James Grimmelmann

Vanderbilt Journal of Entertainment & Technology Law

Are ratings copyrightable? The answer depends on what ratings are. As a history of copyright in ratings shows, some courts treat them as unoriginal facts, some treat them as creative opinions, and some treat them as troubling self-fulfilling prophecies. The push and pull among these three theories explains why ratings are such a difficult boundary case for copyright, both doctrinally and theoretically. The fact-opinion tension creates a perverse incentive for raters: the less useful a rating, the more copyrightable it looks. Self-fulfilling ratings are the most troubling of all: copyright's usual balance between incentives and access becomes indeterminate when ratings …


What’S Love Got To Do With It: Securing Access To Justice For Abused Teens, Lisa Vollendorf Martin Jan 2012

What’S Love Got To Do With It: Securing Access To Justice For Abused Teens, Lisa Vollendorf Martin

Catholic University Law Review

No abstract provided.