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Articles 36691 - 36720 of 544973
Full-Text Articles in Law
Navigating The "Wild West" Of Cryptocurrency: Creating A Clear Path Towards Regulation, Sidney Edgar
Navigating The "Wild West" Of Cryptocurrency: Creating A Clear Path Towards Regulation, Sidney Edgar
Florida State University Law Review
No abstract provided.
Bracing Scarcity: Can Nfts Save Digital Art?, Lital Helman, Ofer Tur-Sinai
Bracing Scarcity: Can Nfts Save Digital Art?, Lital Helman, Ofer Tur-Sinai
Florida State University Law Review
Rebecca creates an artwork. David mints an NFT that links to Rebecca’s work. Is David making a copyright infringement? This question — probably the most fundamental one at the intersection between copyright and the technology of non-fungible tokens (NFT) — is the focus of this Article. As surprising as this may sound, the answer is not at all obvious under the extant copyright law. This Article argues that from a policy standpoint, the answer must be positive. Expounding this issue is imperative in order for the NFT technology to fulfill its potential for creative works markets. In this Article, we …
Eco-Necrotourism And Public Land Management: Last Chance Tourism, Ecological Grief, And The World's Disappearing Natural Wonders, Robin Kundis Craig, Katrina Fischer Kuh
Eco-Necrotourism And Public Land Management: Last Chance Tourism, Ecological Grief, And The World's Disappearing Natural Wonders, Robin Kundis Craig, Katrina Fischer Kuh
Florida State University Law Review
Last Chance Tourism. 500 Places to See Before They Disappear. 100 Places to Go Before They Disappear. As these (real) book titles at-test, climate change, often in combination with loss of biodiversity, has created a new kind of ecotourism, which we term eco-necrotourism—the desire to see natural wonders and rare species before they are lost or transformed forever. As a scholarly topic, eco-necrotourism is a small facet of an emerging necessity for climate change law and policy: the need for planners, managers, lawmakers, and policy writers to consider human psychological responses to climate change and its impacts. However, those responses …
When Originalism Failed: Lessons From Tort Law, Donald G. Gifford, Richard C. Boldt, Christopher J. Robinette
When Originalism Failed: Lessons From Tort Law, Donald G. Gifford, Richard C. Boldt, Christopher J. Robinette
Florida State University Law Review
Two recent Supreme Court decisions upended American life. Opinions released on consecutive days in June 2022 overturned the right of reproductive choice nationwide and invalidated a statute regulating the carrying of concealed weapons in New York. The opinions were united by a common methodology. Pursuant to what one scholar terms “thick” originalism, history, as told by the majority, dictated the resolution of constitutional disputes. This Article explores the use of thick originalism in several celebrated torts cases that raised constitutional issues. These cases illustrate two significant kinds of problems associated with a rigid historical approach to constitutional interpretation. The first …
Table Talk: Short Talks On The Weightier Matters Of Law And Religion, John Witte Jr.
Table Talk: Short Talks On The Weightier Matters Of Law And Religion, John Witte Jr.
Center for the Study of Law and Religion Books
“Table talks” have long been a familiar genre of writing for jurists, theologians, politicians, and novelists. In this little volume, thirty sage reflections on how to thrive in law school and in the legal profession are offered: short commentaries on controversial matters of faith, freedom, and family; pithy sermons on difficult biblical texts about law and justice; and touching tributes to a few of his fallen heroes. Most of the thirty texts gathered here were made at seminar tables, academic roundtables, editorial tables, and Eucharist tables. Cast in avuncular form, these texts probe what makes life worth living, work worth …
Patent Law : Cases, Problems, And Materials, Jonathan S. Masur, Lisa Ouellette
Patent Law : Cases, Problems, And Materials, Jonathan S. Masur, Lisa Ouellette
AALL Legal Website of the Month
The 3rd Edition of Patent Law: Cases, Problems, and Materials is a public accessible patent law casebook. The full casebook PDF is downloadable online free of charge, and a print version is available at-cost from Amazon. The focus of this casebook is on bringing conceptual clarity to the details of modern patent practice, while also placing patent law in its social context. Many practice problems are introduced throughout the casebook to apply patent doctrines to fact patterns from real cases and to hypotheticals constructed to isolate and explain difficult concepts.
Aba Employment Summary Class Of 2023, University Of Tennessee College Of Law
Aba Employment Summary Class Of 2023, University Of Tennessee College Of Law
ABA Disclosures
No abstract provided.
Algorithmic Tacit Collusion, Maurice E. Stucke, Ariel Ezrachi
Algorithmic Tacit Collusion, Maurice E. Stucke, Ariel Ezrachi
Book Chapters
No abstract provided.
Alabama Association Of Realtors V. Department Of Health And Human Services, Adam B. Mcdonald
Alabama Association Of Realtors V. Department Of Health And Human Services, Adam B. Mcdonald
Tennessee Law Review
No abstract provided.
Federal Election Commission V. Cruz, Myles A. Roth
Federal Election Commission V. Cruz, Myles A. Roth
Tennessee Law Review
No abstract provided.
Vega V. Tekoh, Elizabeth M. Hudson
Susan Williams's Comments - Panel 1, Susan Williams
Susan Williams's Comments - Panel 1, Susan Williams
Tennessee Law Review
No abstract provided.
Luvernel Clark's Comments - Panel 1, Luvernel Clark
Luvernel Clark's Comments - Panel 1, Luvernel Clark
Tennessee Law Review
No abstract provided.
Professor Sherley Cruz's Comments - Panel 2, Sherley Cruz
Professor Sherley Cruz's Comments - Panel 2, Sherley Cruz
Tennessee Law Review
No abstract provided.
Fran Ansley's Tennessee Posse For Peace And Justice, Charles Lawrence Iii
Fran Ansley's Tennessee Posse For Peace And Justice, Charles Lawrence Iii
Tennessee Law Review
No abstract provided.
Suffering In Search Of A Methodological Frame: Interdisciplinarity In The Context Of The Gendered Impact Of Climate Migration, Becky L. Jacobs
Suffering In Search Of A Methodological Frame: Interdisciplinarity In The Context Of The Gendered Impact Of Climate Migration, Becky L. Jacobs
Scholarly Works
In this essay, the author places the gendered impact of climate migration within the methodological frame of scholars such as geographers Sylvia Winters and Doreen Massey, historian Achille Mbembe, philosopher Gilles Deleuze, philosopher and psychoanalyst Félix Guattari, and anthropologist Tim Ingold. The author discusses the importance of interdisciplinarity and describes the gender-specific risks related to climate displacement before delving into theory.
Promoting Technological Competency Through Microlearning And Incentivization, Eliza Boles
Promoting Technological Competency Through Microlearning And Incentivization, Eliza Boles
Scholarly Works
No abstract provided.
Time Is A Flat Circle: Lessons From Past And Present Conspiracy Theories, Lucille A. Jewel
Time Is A Flat Circle: Lessons From Past And Present Conspiracy Theories, Lucille A. Jewel
Scholarly Works
This essay analyzes how conspiracy theories were viewed in the 1990s, particularly in the context of the then-existing debate over racial differences in perception, and how they are dealt with today, where prevalent conspiracy theory adherents are White and conservative (QAnon, Pizzagate, and widespread voter fraud) in the 2020 election). In the 1990s, conflict over conspiracy theories was part of a larger culture war involving critical race theory, conspiracy thinking, truth, reason, and post-modern theory. These cultural flashpoints are obviously still with us today. But now, high-profile persons holding false, unreasonable beliefs often hail from the right and are assailed …
Legal Philosophy For Lawyers In The Age Of A Political Supreme Court, Patrick J. Borchers
Legal Philosophy For Lawyers In The Age Of A Political Supreme Court, Patrick J. Borchers
Tennessee Law Review
Legal Philosophy has long been concerned with the question of what brands a norm as legal, as opposed to a non-legal norm of justice or morality. This central question has occupied the attention of philosophers and lawyers for centuries. Roughly speaking, the Naturalist school contends that legal norms are inextricably intertwined with norms of morality and justice (and in its strongest form contends that law-like pronouncements that are immoral or unjust are not fully laws), while the Positivist school argues that a social construct (often called the Rule of Recognition) brands selected norms as legal, and thus legal norms may …
Ford Motor Company V. Montana Eighth Judicial District, Maddie Rudge
Ford Motor Company V. Montana Eighth Judicial District, Maddie Rudge
Tennessee Law Review
No abstract provided.
Dobbs V. Jackson Women's Health Organization, Anna Grace Cole
Dobbs V. Jackson Women's Health Organization, Anna Grace Cole
Tennessee Law Review
No abstract provided.
Perez V. Sturgis Public Schools, Adriana A. Snedaker
Perez V. Sturgis Public Schools, Adriana A. Snedaker
Tennessee Law Review
The Individuals with Disabilities Education Act' ("IDEA") is a law that requires all students with disabilities to be provided with a free and appropriate education. 2 More specifically, IDEA "governs how states and public agencies provide early intervention, special education, and related services to" disabled youth. 3 However, the remedies available under IDEA are limited. Common remedies for violations of IDEA include tuition reimbursement, compensatory education, and attorney's fees. 4 Because monetary compensation is not available under IDEA, disabled students often have to bring a claim under other federal statutes, such as the Americans with Disabilities Act ("ADA") in order …
Mississippi V. Tennessee, Jackson W. Welsh
Mississippi V. Tennessee, Jackson W. Welsh
Tennessee Law Review
The Supreme Court's decision in Mississippi v. Tennessee quietly marked a potential turning point for the once antiquated doctrine of equitable apportionment. This doctrine provides a framework for resolving disputes over the allocation of resources, usually water, that cross state boundaries, and has done so since the early 20th century. In this article, we will delve into the history of equitable apportionment, examining its evolution from 1907 to the present day. We explore the key cases that have slowly broadened the doctrine, with a particular focus on Mississippi v. Tennessee and its implications for the future of equitable apportionment. Through …
West Virginia V. Epa, Troy C. Book
Dr. Doug Gamble's Comments - Panel 1, Doug Gamble
Dr. Doug Gamble's Comments - Panel 1, Doug Gamble
Tennessee Law Review
No abstract provided.
Welcome And Opening Thoughts, Fran Ansley
Jj Rosenbaum's Comments - Panel 2, Jj Rosenbaum
Jj Rosenbaum's Comments - Panel 2, Jj Rosenbaum
Tennessee Law Review
No abstract provided.
Cecilia Prado's Comments - Phase 2, Cecilia Prado
Cecilia Prado's Comments - Phase 2, Cecilia Prado
Tennessee Law Review
No abstract provided.
"I Feel Like A Dumping Ground" - Legal Issues Surrounding Paraprofessionals In Schools, Catherine Robert, Maureen Fox
"I Feel Like A Dumping Ground" - Legal Issues Surrounding Paraprofessionals In Schools, Catherine Robert, Maureen Fox
BYU Education & Law Journal
School employees serving in non-professional clerical and support roles are commonly referred to as paraprofessionals. While professional staff include teachers, counselors, and administrators, paraprofessionals serving in instructional roles (also called teaching assistants) such as classroom aides, computer lab monitors, and library aides comprise almost 13% of elementary and secondary employment. Paraprofessionals perform a wide variety of tasks including literacy support in a regular classroom, behavioral support of students, and supporting medical needs of students receiving special education services. The medical needs of students include changing feeding tubes, clearing airways, changing diapers, and physically moving students. As the staff members most …