Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (35446)
- Social and Behavioral Sciences (32875)
- International Law (32177)
- Criminal Law (27479)
- Environmental Law (18172)
-
- Intellectual Property Law (17004)
- Legal Education (16265)
- State and Local Government Law (15939)
- Civil Rights and Discrimination (15538)
- Legislation (15360)
- Courts (14917)
- Health Law and Policy (14845)
- Law and Society (14504)
- Comparative and Foreign Law (13709)
- Arts and Humanities (13406)
- Indigenous, Indian, and Aboriginal Law (13221)
- Administrative Law (13169)
- Human Rights Law (12257)
- Labor and Employment Law (11397)
- Sociology (10945)
- Criminal Procedure (10818)
- Legal Profession (10808)
- Business Organizations Law (10768)
- Legal History (10724)
- Legal Studies (9909)
- Jurisprudence (9318)
- Torts (8899)
- Property Law and Real Estate (8889)
- Law and Economics (8553)
- Institution
-
- Selected Works (40036)
- Brigham Young University Law School (35983)
- University of Michigan Law School (20354)
- SelectedWorks (15411)
- University of Pennsylvania Carey Law School (14623)
-
- Duke Law (13773)
- Fordham Law School (12875)
- Maurer School of Law: Indiana University (11609)
- University of Oklahoma College of Law (11073)
- Case Western Reserve University School of Law (9999)
- William & Mary Law School (8938)
- Northwestern Pritzker School of Law (8703)
- UC Law SF (8460)
- University of North Carolina School of Law (8375)
- American University Washington College of Law (8195)
- Vanderbilt University Law School (7238)
- Notre Dame Law School (7163)
- Cornell University Law School (6968)
- University of Missouri School of Law (6833)
- Louisiana State University Law Center (6695)
- University of Kentucky (6548)
- Washington and Lee University School of Law (6514)
- Marquette University Law School (6422)
- University of Chicago Law School (6145)
- University of Minnesota Law School (6115)
- University of Washington School of Law (5887)
- Golden Gate University School of Law (5857)
- University of Richmond (5765)
- Chicago-Kent College of Law (5756)
- University of Maryland Francis King Carey School of Law (5564)
- Keyword
-
- Constitutional Law (5898)
- Law (5782)
- International Law (4617)
- Constitutional law (3825)
- Human rights (3627)
-
- International law (3529)
- Supreme Court (3340)
- Jurisprudence (3243)
- Copyright (3027)
- Politics (2986)
- Law and Society (2980)
- First Amendment (2901)
- United States (2892)
- Legislation (2830)
- Discrimination (2709)
- Constitution (2692)
- Courts (2597)
- Evidence (2592)
- Corporations (2588)
- Regulation (2445)
- Women (2409)
- Criminal law (2344)
- Contracts (2326)
- Torts (2308)
- Jurisdiction (2294)
- Civil Rights (2270)
- Privacy (2231)
- History (2211)
- Antitrust (2208)
- Intellectual property (2205)
- Publication Year
-
- 2023 (9418)
- 2022 (14012)
- 2021 (12816)
- 2020 (12076)
- 2019 (13800)
-
- 2018 (14527)
- 2017 (15125)
- 2016 (17000)
- 2015 (21317)
- 2014 (17876)
- 2013 (18232)
- 2012 (19162)
- 2011 (17235)
- 2010 (16448)
- 2009 (14503)
- 2008 (13263)
- 2007 (12392)
- 2006 (12061)
- 2005 (10511)
- 2004 (10062)
- 2003 (9069)
- 2002 (8496)
- 2001 (9272)
- 2000 (8794)
- 1999 (7805)
- 1998 (7586)
- 1997 (7119)
- 1996 (7103)
- 1993 (6982)
- 1992 (7739)
- Publication
-
- Faculty Scholarship (19295)
- Articles (11093)
- Michigan Law Review (10629)
- American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 (8590)
- University of Pennsylvania Law Review (8506)
-
- Faculty Publications (7278)
- Utah Court of Appeals Briefs (through 1995) (6781)
- Utah Court of Appeals Briefs (1996–2006) (6657)
- Journal of Criminal Law and Criminology (6643)
- North Carolina Law Review (5885)
- Louisiana Law Review (5639)
- All Faculty Scholarship (5184)
- Fordham Law Review (4883)
- Indiana Law Journal (4810)
- West Virginia Law Review (4297)
- Scholarly Works (4266)
- Utah Supreme Court Briefs (cases filed before 1965) (4234)
- Marquette Law Review (4223)
- Law and Contemporary Problems (4103)
- Utah Supreme Court Briefs (through 1999) (4057)
- Utah Court of Appeals Briefs (2007– ) (3950)
- Case Western Reserve Law Review (3866)
- Missouri Law Review (3615)
- Vanderbilt Law Review (3536)
- Kentucky Law Journal (3499)
- South Carolina Law Review (3374)
- Utah Supreme Court Briefs (1965 –) (3348)
- Notre Dame Law Review (3326)
- Washington Law Review (3296)
- Minnesota Law Review (3291)
- Publication Type
Articles 2221 - 2250 of 560005
Full-Text Articles in Law
Legal Risk And Accountability In Development Finance: Lessons From Jam V. International Finance Corporation, Michelle Harrison, Shannon Marcoux
Legal Risk And Accountability In Development Finance: Lessons From Jam V. International Finance Corporation, Michelle Harrison, Shannon Marcoux
Perspectives
In a landmark decision in 2019, the U.S. Supreme Court ruled in Jam v. International Finance Corporation that international organizations like the International Finance Corporation (IFC), the private lending arm of the World Bank Group, can be sued in U.S. courts, ending the “absolute immunity” from suit that they had long claimed. The Jam lawsuit arose out of IFC’s gross mishandling of the Tata Mundra coal-fired power plant project in Gujarat, India, which has destroyed the livelihoods, environment, and way of life of local communities living in its shadow. The lawsuit, and especially the clash between IFC’s sweeping assertions of …
Imf Human Rights Accountability: A Pragmatic Way To Break The Deadlock, Aldo Caliari
Imf Human Rights Accountability: A Pragmatic Way To Break The Deadlock, Aldo Caliari
Perspectives
In the three decades since the 1993 establishment of the World Bank Inspection Panel, almost all development finance institutions (DFIs) have established analogous panels, ombudsperson offices or other independent accountability mechanisms (IAMs) to allow people who believe they have been harmed by the DFI’s activities to directly trigger processes of fact-finding, dispute resolution, and, if applicable, redress. The primary exception has been the International Monetary Fund.
World Bank's Roadmap And The Inspection Panel's Human Rights Responsibilities, Juan Pablo Bohoslavsky, C.P. Chandrasekhar
World Bank's Roadmap And The Inspection Panel's Human Rights Responsibilities, Juan Pablo Bohoslavsky, C.P. Chandrasekhar
Perspectives
The World Bank has been under pressure to devise a process for “evolving” its mission, operations, and resources, acknowledging that decades of engagement with low- and middle-income countries has resulted, paradoxically and contrary to its official mission, in a “crisis of development.” The Bank bluntly notes in the opening to its paper “Evolving the World Bank Group’s Mission, Operations, and Resources: A Roadmap,” issued in December 2022, “after decades of progress, growth and poverty reduction have stalled.” Indeed, this “crisis of development” threatens to unleash political instability around the world.
Keeping It Wreal: How The Eleventh Circuit's Wreal Decision Is Better Suited For A Uniform Reverse Confusion Multifactor Analysis, Sean J. Flaherty
Keeping It Wreal: How The Eleventh Circuit's Wreal Decision Is Better Suited For A Uniform Reverse Confusion Multifactor Analysis, Sean J. Flaherty
Marquette Intellectual Property & Innovation Law Review
None
Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley
Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley
Marquette Intellectual Property & Innovation Law Review
None
A Questionable Categorization — Trademark's Struggle To Protect Tribal Cultural Property, Emilie (Smith) Rohde
A Questionable Categorization — Trademark's Struggle To Protect Tribal Cultural Property, Emilie (Smith) Rohde
Marquette Intellectual Property & Innovation Law Review
None
The Effects Of Section 101'S Subject Matter Eligibility Requirement On Fintech Patent Valuation Models, Fhernam Batiz
The Effects Of Section 101'S Subject Matter Eligibility Requirement On Fintech Patent Valuation Models, Fhernam Batiz
Marquette Intellectual Property & Innovation Law Review
None
Withdrawing Lanham Act Section 2(C) Consent: What Should Courts Do?, Zachary R. Semancik
Withdrawing Lanham Act Section 2(C) Consent: What Should Courts Do?, Zachary R. Semancik
Marquette Intellectual Property & Innovation Law Review
None
Silver Diamine Fluoride As A Caries Management Option For The Young Child, Giovana Anovazzi Medeiros Dds, Msc, Phd, Chia-En Tsai Dds, Ms, Nita Singh Dds, James R. Boynton Dds, Ms
Silver Diamine Fluoride As A Caries Management Option For The Young Child, Giovana Anovazzi Medeiros Dds, Msc, Phd, Chia-En Tsai Dds, Ms, Nita Singh Dds, James R. Boynton Dds, Ms
The Journal of the Michigan Dental Association
Dental caries is among the most-common childhood diseases around the world, and neglected caries can result in pain, infection, and can have a negative cascading impact on a child’s overall well-being. Definitive care of these lesions involves restorative procedures and/or extractions, but these treatment options require some level of child cooperation, which can sometimes be a challenge with very young children.
Silver diamine fluoride (SDF) is a non-invasive treatment intended to arrest the caries process. SDF is a liquid solution that contains a high concentration of silver and fluoride ions and has been used as an alternative agent for treating …
J Mich Dent Assoc January 2024
J Mich Dent Assoc January 2024
The Journal of the Michigan Dental Association
Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!
The January issue sets the foundation for Children’s Dental Health Month in February, the reader will find the following original content:
- A cover commentary on Pediatric Dentistry
- A feature article on “Silver Diamine Fluoride as a Caries Management Option for the Young Child”.
- A feature on “Considerations Concerning Obesity-Related Education for Parents of Young Children”.
- Professional advice commentary on “Staying Focused on a Moving Target: Coping …
Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman
Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman
Scholarly Works
No abstract provided.
The Mature Minor Doctrine And Covid Vaccination In Connecticut, Brianna Cyr
The Mature Minor Doctrine And Covid Vaccination In Connecticut, Brianna Cyr
Connecticut Law Review
The mature minor doctrine is an exception to the common law rule of parental informed consent for a child’s medical decisions. The mature minor doctrine is applicable as either doctrine or statute in some states, but not all. Connecticut currently upholds the common law view for a minor child’s medical decision-making authority. Consequently, one prominent topic of discussion in recent years deals with the Covid-19 pandemic and the public policy discussions over nation-wide vaccination efforts. Many minors, children legally under the age of eighteen, are looking to make their own medical decisions when dealing with vaccination for the Coronavirus. By …
Closing The Renter-Sized Gap In The Inflation Reduction Act: How Housing Policy Can Help Climate Legislation Achieve Environmental Justice, Madison M. Schettler
Closing The Renter-Sized Gap In The Inflation Reduction Act: How Housing Policy Can Help Climate Legislation Achieve Environmental Justice, Madison M. Schettler
Connecticut Law Review
The passage of the Inflation Reduction Act (IRA) in August 2022 was an important step forward in American climate policy. The Act is essential to the United States’ goal of effective climate change mitigation efforts, and other countries have even begun to use it as a model for climate mitigation. The Inflation Reduction Act (IRA) provides the framework by which the United States will transition away from fossil fuels and move towards an energy grid powered predominantly by renewable sources. For the first time, the Act addresses head-on the climate and environmental injustices that exist in the United States due …
Privacy Policy Indeterminacy, Christopher G. Bradley
Privacy Policy Indeterminacy, Christopher G. Bradley
Connecticut Law Review
Despite being subjected to decades of sharp criticism, privacy policies published by companies remain a linchpin of privacy regulation. Representations in these policies provide the main measure against which consumer privacy can be judged. Policies are rarely read by consumers. Instead, these policies are interpreted by company decision makers tasked with interpreting whether a proposed course of action is consistent with stated policies as well as underlying privacy law. To be effective, policies must constrain use of consumer data even when they are given a company-friendly reading.
Experimental evidence on the interpretation of privacy policies provides no grounds for encouragement …
The Repeal Of Religious Accommodations – A Constitutional Analysis, Ronald J. Colombo
The Repeal Of Religious Accommodations – A Constitutional Analysis, Ronald J. Colombo
Hofstra Law Faculty Scholarship
Under modern Supreme Court jurisprudence, the First Amendment ordinarily imposes no heightened standard of review upon neutral laws of general applicability that coincidentally burden the free exercise of religion. To relieve or minimize this burden, however, lawmakers are generally free to promulgate exemptions from or accommodations to such laws for the benefit of religious adherents. Such exemptions and accommodations are common.
When a law is not neutral with respect to religion, or when the law is not generally applicable, then it will be subject to the exacting test of strict scrutiny to the extent that it burdens the free exercise …
Environmental Justice Is A Civil Rights Issue, Dennis Chavez Memorial Lecture (Sept. 22, 2022), Secretary Deb Haaland
Environmental Justice Is A Civil Rights Issue, Dennis Chavez Memorial Lecture (Sept. 22, 2022), Secretary Deb Haaland
Natural Resources Journal
No abstract provided.
Enforceability Of Choice Of Court Clauses In Transnational Agreements: The 2005 Hague Convention, Its Implementation In Contracting States, And The U.S. Approach, M. Veronica Saladino
Enforceability Of Choice Of Court Clauses In Transnational Agreements: The 2005 Hague Convention, Its Implementation In Contracting States, And The U.S. Approach, M. Veronica Saladino
Chicago Journal of International Law
Parties involved in transnational business naturally expose themselves to peculiar international risks, including the possibility of having a foreign court resolve their future disputes. To reduce uncertainty, transnational contracts often contain a so-called “choice of court” (or “choice of forum”) clause to dictate where future disputes should be resolved.
Chosen courts, however, do not always enforce such clauses. Indeed, absent a convention or a treaty, the enforcement of a choice of court clause is purely a matter of national law and, in the case of federal systems like the United States, even of sub-national domestic law. To guarantee predictability, several …
Cocoa Crisis: Cartelizing West African Cocoa In Response To The Persistent Use Of Child Labor, Matthew Trevisani
Cocoa Crisis: Cartelizing West African Cocoa In Response To The Persistent Use Of Child Labor, Matthew Trevisani
Chicago Journal of International Law
The lack of resources that afflicts Ghanian and Ivorian enforcement of child labor prohibitions has allowed for the continued use of child labor in the cocoa industry. The current enforcement bodies not only suffer from serious coordination problems, but also fall victim to the harsh reality of cocoa farming, which pays pitiful daily wages to farmers. Child labor serves as a cheap, and perhaps even cost-free, option that allows farmers to maximize their profits. Many cocoa plantations are family-run, and thus the inclusion of children in the workforce is often a natural step, even where educational opportunities are available. To …
International Administrative Tribunals And Cross-Fertilization: Evidence Of A Nascent Common Jurisprudence?, Jason Morgan-Foster
International Administrative Tribunals And Cross-Fertilization: Evidence Of A Nascent Common Jurisprudence?, Jason Morgan-Foster
Chicago Journal of International Law
The present work concerns International Administrative Tribunals (IATs), the dispute-resolution bodies between staff members and the administration of international organizations, existing at the cross-roads of international law, institutional law, and administrative law. It argues that, contrary to popular belief, the some twenty-five different IATs currently in existence are no longer functioning individually but rather citing to each other with increasing frequency and, in so doing, developing a common jurisprudence of international administrative law.
Over fifty years ago, when only a handful of IATs existed, M.B. Akehurst, a commentator in the field, made the observation that “[i]nternational administrative tribunals behave as …
Durability, Flexibility And Plasticity In The U.N. Convention On The Law Of The Sea, Sean Murphy
Durability, Flexibility And Plasticity In The U.N. Convention On The Law Of The Sea, Sean Murphy
GW Law Faculty Publications & Other Works
The overall resilience of the U.N. Convention on the Law of the Sea during the forty years since its adoption in 1982—its durability, its flexibility and its plasticity in the face of myriad challenges that have unfolded over time—is largely attributable to certain design features within the Convention, to a willingness to ‘bend’ the Convention toward practical outcomes when necessary, and to the foresight of the drafters in closely tying the Convention to other agreements and standards, as well as to the general field of international law, so that the Convention might evolve as the world evolves. There are risks …
Firearms And The Homeowner: Defending The Castle, The Curtilage, And Beyond, Cynthia Lee
Firearms And The Homeowner: Defending The Castle, The Curtilage, And Beyond, Cynthia Lee
GW Law Faculty Publications & Other Works
In the spring of 2023, a series of back-to-back shootings shook the nation. A Black teenager in Missouri trying to pick up his two younger siblings went to the wrong door and rang the doorbell. The homeowner came to the door with a gun and, without saying a word, fired two shots at the Black teenager, hitting him in the face and the arm. A few days later, a Caucasian woman and her friends in upstate New York, looking for a party, drove up the wrong driveway. The homeowner came out of his house with a shotgun and fired two …
A Transatlantic Analysis Of Eu And U.S. Strategies In “Green Procurement", Marta Andhov, Christopher R. Yukins
A Transatlantic Analysis Of Eu And U.S. Strategies In “Green Procurement", Marta Andhov, Christopher R. Yukins
GW Law Faculty Publications & Other Works
As governments the world over move to reduce global warming, public procurement has become an increasingly important means of leveraging governments’ vast purchasing power to reduce greenhouse gas (GHG) emissions through “green” or environmentally sustainable procurement. This article reviews emerging strategies in green procurement in the European Union and the United States. The article notes that those green procurement strategies are remarkably consistent on both sides of the Atlantic, from sector-specific preferences for low-carbon products to eco-labels to life-cycle cost analyses which take into account broader environmental impacts. On both sides of the Atlantic, however, parallel problems have emerged as …
Extraterritoriality, Francesca Bignami, Giorgio Resta
Extraterritoriality, Francesca Bignami, Giorgio Resta
GW Law Faculty Publications & Other Works
This chapter argues that the competing American ballot-box and European fundamental rights paradigms of regulatory law have marked the specific domain of digital regulation. These regulatory paradigms and their associated state interests are projected extraterritorially through the market power of Silicon Valley, on the one hand, and the privacy rights of European Union (EU) regulators, on the other hand. This chapter also analyzes recent developments in the EU, where there is now a state effort to make digital markets and, relatedly, an emerging preference for some data localization to promote both fundamental rights and economic and security interests. In China, …
Shareholder Primacy Versus Shareholder Accountability, William Wilson Bratton
Shareholder Primacy Versus Shareholder Accountability, William Wilson Bratton
Articles
When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance ("ESG") principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter-a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory's central tenet, shareholder primacy. Shareholder primacy builds …
New Tech, Old Problem: The Rise Of Virtual Rent-To-Own Agreements, Carrie Floyd
New Tech, Old Problem: The Rise Of Virtual Rent-To-Own Agreements, Carrie Floyd
Fellow, Adjunct, Lecturer, and Research Scholar Works
This Article explores how fintech has disrupted the traditional rent-to-own (RTO) industry, giving rise to new, virtual RTO agreements (VirTOs). These VirTOs have enabled the RTO industry to expand into the service industry and to markets for products not traditionally associated with rentals, such as vehicle repairs, pet ownership, and medical devices. This Article analyzes this development.
RTO agreements purport to rent products to a consumer until the conclusion of a set number of renewable rental payments, at which point ownership transfers. The fundamental characteristic of these agreements – and why they are not regulated as loans – are that …
Is Defensive Medicine Increasing Or Decreasing Risk Of Lawsuits, Alec Mais
Is Defensive Medicine Increasing Or Decreasing Risk Of Lawsuits, Alec Mais
Student Works
No abstract provided.
A Fundamentally Alienable Right:# How The Kelo Decision Put A Price On The Right To Property, Brian M. Moon
A Fundamentally Alienable Right:# How The Kelo Decision Put A Price On The Right To Property, Brian M. Moon
Student Works
No abstract provided.
Why Is Diversity Among Appointed Arbitrators Lacking Given The Global Spread Of Parties And Their Disputes?, Danielle Bitar
Why Is Diversity Among Appointed Arbitrators Lacking Given The Global Spread Of Parties And Their Disputes?, Danielle Bitar
Student Works
No abstract provided.
Ecocide: Does The Quest For Environmental Justice End At The International Criminal Court?, Allison King
Ecocide: Does The Quest For Environmental Justice End At The International Criminal Court?, Allison King
Student Works
No abstract provided.
The Expansion Of Medically Assisted Dying In Canada: Reforming U.S. Policy To Follow Maid, Caitlin Collins
The Expansion Of Medically Assisted Dying In Canada: Reforming U.S. Policy To Follow Maid, Caitlin Collins
Student Works
No abstract provided.