Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Law
International Law And Dworkin's Legal Monism, Michael S. Green
International Law And Dworkin's Legal Monism, Michael S. Green
Popular Media
No abstract provided.
The Real Legal Realism, Michael S. Green
Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden
Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden
William & Mary Law Review
This Article critically examines the interrelationship between substantive copyright protections and the remedies available for infringement. Drawing from constitutional remedies scholarship and poststructural theories of performativity, it argues that a court’s awareness of the likely remedy award in a particular dispute —combined with its normative view of how future actors should address similar disputes—“reaches back” and shapes the determination of the parties’ respective rights.
Copyright scholars have long sought to limit the availability of injunctive relief, and several recent court decisions have adopted this reform. For example, in Salinger v. Colting the Second Circuit vacated a preliminary injunction against a …
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Popular Media
No abstract provided.
Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang
Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang
William & Mary Bill of Rights Journal
No abstract provided.
"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman
"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman
Faculty Publications
No abstract provided.
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Faculty Publications
In this review essay, Professor Michael Steven Green argues that Dworkin's reputation among his fellow philosophers has needlessly suffered because of his refusal to back down from his "semantic sting" argument against H. L. A. Hart. Philosophers of law have uniformly rejected the semantic sting argument as a fallacy. Nevertheless Dworkin reaffirms the argument in Justice in Robes, his most recent collection of essays, and devotes much of the book to stubbornly, and unsuccessfully, defending it. This is a pity, because the failure of the semantic sting argument in no way undermines Dworkin's other arguments against Hart.
Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green
Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green
Faculty Publications
No abstract provided.
Copyrighting Facts, Michael S. Green
Book Review Of Human Rights And Legal History: Essays In Honour Of Brian Simpson, Michael Ashley Stein
Book Review Of Human Rights And Legal History: Essays In Honour Of Brian Simpson, Michael Ashley Stein
Faculty Publications
No abstract provided.
Chaos Theory And The Justice Paradox, Robert E. Scott
Chaos Theory And The Justice Paradox, Robert E. Scott
William & Mary Law Review
No abstract provided.
Constitutional Privacy, The Right To Die And The Meaning Of Life: A Moral Analysis, David A.J. Richards
Constitutional Privacy, The Right To Die And The Meaning Of Life: A Moral Analysis, David A.J. Richards
William & Mary Law Review
No abstract provided.
Review Of An Oration, Delivered Before The Two Societies Of The South-Carolina College, N. Beverley Tucker
Review Of An Oration, Delivered Before The Two Societies Of The South-Carolina College, N. Beverley Tucker
Faculty Publications
No abstract provided.