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Articles 151 - 180 of 525
Full-Text Articles in Constitutional Law
Copyright And The Constitution In The Age Of Intellectual Property, David Lange
Copyright And The Constitution In The Age Of Intellectual Property, David Lange
Georgia Journal of Law & Technology
No abstract provided.
Copyright And "The Exclusive Right " Of Authors, L. Ray Patterson
Copyright And "The Exclusive Right " Of Authors, L. Ray Patterson
Georgia Journal of Law & Technology
No abstract provided.
Wobbling On The Shoulders Of Giants: The Supreme Court's Failure In Lotus V. Borland, Bradley W. Grout
Wobbling On The Shoulders Of Giants: The Supreme Court's Failure In Lotus V. Borland, Bradley W. Grout
Georgia Journal of Law & Technology
No abstract provided.
Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr.
Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr.
Georgia Journal of Law & Technology
No abstract provided.
The Jury's Role In Patent Cases: Markman V. Westview Instruments, Inc., Paul N. Higbee Jr.
The Jury's Role In Patent Cases: Markman V. Westview Instruments, Inc., Paul N. Higbee Jr.
Georgia Journal of Law & Technology
No abstract provided.
But How Far? Rite-Hite Corp. V. Kelley Co.'S Expansion Of The Scope Of Patent Damages, Robert J. Cox
But How Far? Rite-Hite Corp. V. Kelley Co.'S Expansion Of The Scope Of Patent Damages, Robert J. Cox
Georgia Journal of Law & Technology
No abstract provided.
Unofficial Opinion Of The Attorney General Of The State Of Georgia: The Scope Of The Fair Use Doctrine, Department Of Law State Of Georgia, Michael E. Hobbs, L. Ray Patterson
Unofficial Opinion Of The Attorney General Of The State Of Georgia: The Scope Of The Fair Use Doctrine, Department Of Law State Of Georgia, Michael E. Hobbs, L. Ray Patterson
Georgia Journal of Law & Technology
No abstract provided.
Constitutionality Of Judicially-Imposed Compulsory Licenses In Copyright Infringement Cases, Jason S. Rooks
Constitutionality Of Judicially-Imposed Compulsory Licenses In Copyright Infringement Cases, Jason S. Rooks
Georgia Journal of Law & Technology
No abstract provided.
Back To The Future: How Federal Courts Create A Federal Common-Law Copyright Through Permanent Injunctions Protecting Future Works, Kristina Rosette
Back To The Future: How Federal Courts Create A Federal Common-Law Copyright Through Permanent Injunctions Protecting Future Works, Kristina Rosette
Georgia Journal of Law & Technology
No abstract provided.
Chipping Away At The Copyright Owner's Rights: Congress' Continued Reliance On The Compulsory License, Darlene A. Cote
Chipping Away At The Copyright Owner's Rights: Congress' Continued Reliance On The Compulsory License, Darlene A. Cote
Georgia Journal of Law & Technology
No abstract provided.
To Promote The Progress Of Science And Useful Arts: The Background And Origin Of The Intellectual Property Clause Of The United States Constitution, Edward C. Walterscheid
To Promote The Progress Of Science And Useful Arts: The Background And Origin Of The Intellectual Property Clause Of The United States Constitution, Edward C. Walterscheid
Georgia Journal of Law & Technology
No abstract provided.
The Audio Home Recording Act Of 1992, Christine C. Carlisle
The Audio Home Recording Act Of 1992, Christine C. Carlisle
Georgia Journal of Law & Technology
No abstract provided.
Payment Demands For Spurious Copyrights: Four Causes Of Action, Paul J. Heald
Payment Demands For Spurious Copyrights: Four Causes Of Action, Paul J. Heald
Georgia Journal of Law & Technology
No abstract provided.
The Real Danger Of Guns In Schools, Sonja R. West
The Real Danger Of Guns In Schools, Sonja R. West
Popular Media
This article that first appeared at Slate.com on March 22, 2016, looks at Georgia's "Campus Carry" Legislation. This legislation permits "any [firearm] license holder when he or she is in or on any building or real property owned by or leased to any public technical school, vocational school, college, university, or other institution of postsecondary education."
What Two Legal Scholars Learned From Studying 70 Years Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins
What Two Legal Scholars Learned From Studying 70 Years Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins
Popular Media
This article in The Conversation on March 21, 2016 and moves beyond the conventional wisdom espoused by Biden, Kagan and others, and presents a strong case for an alternative view of the hearings. Examining every statement made at confirmation hearings from 1939 to 2010, we conclude the hearings are important to the health of American democracy. Based on this, we’d like to see partisan politics pushed aside and Judge Merrick Garland to get a hearing.
Public Law Litigation In The U.S. And In Argentina: Lessons From A Comparative Study, Martin Oyhanarte
Public Law Litigation In The U.S. And In Argentina: Lessons From A Comparative Study, Martin Oyhanarte
Georgia Journal of International & Comparative Law
No abstract provided.
Declarations Of Unconstitutionality In India And The U.K.: Comparing The Space For Political Response, Chintan Chandrachud
Declarations Of Unconstitutionality In India And The U.K.: Comparing The Space For Political Response, Chintan Chandrachud
Georgia Journal of International & Comparative Law
No abstract provided.
The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West
The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West
Popular Media
This article published at Slate.com on January 8, 2016, reviews the Wollschlaeger v. Governor of the State of Florida case in which the Florida legislature passed a law that bars health care workers from discussing or recording anything about their patients’ gun ownership or safety practices that could be deemed in bad faith, irrelevant, or harassing.
You've Got Legal Mail: Applying Constitutional Protections To Attorney-Inmate E-Mail Communications, Gregory R. Steele
You've Got Legal Mail: Applying Constitutional Protections To Attorney-Inmate E-Mail Communications, Gregory R. Steele
Georgia Law Review
Several U.S. Attorney's offices have begun to read e-mails between defense attorneys and their inmate-clients sent through the Bureau of Prisons TRULINCS system. District courts have been split on how they address the issue. This Note argues that the practice of reading attorney-inmate e- mails violates the Sixth Amendment. It specifically argues that the legal mail doctrine should be applied to invalidate this practice. It then argues the Bureau of Prisons should promulgate new regulations for legal e-mail that ensure compliance with the constitutional requirements of the newly applied legal e-mail doctrine.
What Did The Supreme Court Hold In Heffernan V. City Of Paterson?, Michael Wells
What Did The Supreme Court Hold In Heffernan V. City Of Paterson?, Michael Wells
Scholarly Works
As a favor to his mother, Jeffrey Heffernan picked up a political yard sign. His supervisors demoted him, in the mistaken belief that he had engaged in protected speech. In Heffernan v. City of Patterson, 136 S.Ct. 1412 (2016), the Supreme Court held that a public employee can sue a local government under 42 U.S.C. § 1983 when a supervisor acts for constitutionally impermissible motives, even though he has not in fact exercised First Amendment rights. But the grounds for that holding are unclear. The Court may have ruled that the city, through its police chief, violated Heffernan’s First Amendment …
Making Sense Of Legislative Standing, Matthew I. Hall
Making Sense Of Legislative Standing, Matthew I. Hall
Scholarly Works
Legislative standing doctrine is neglected and under-theorized. There has always been a wide range of opinions on the Supreme Court about the proper contours of legislative standing doctrine and even about whether the Court should adjudicate disputes between the other two branches at all. Perhaps owing to these disagreements, the full Court has never articulated a clear vision of the doctrine. While the Court has managed to resolve some cases, it has not achieved the consensus necessary to provide a comprehensive and coherent account of critical doctrinal issues such as what type of injury can give rise to legislative standing …
The Institutionalization Of Supreme Court Confirmation Hearings, Paul M. Collins Jr., Lori A. Ringhand
The Institutionalization Of Supreme Court Confirmation Hearings, Paul M. Collins Jr., Lori A. Ringhand
Scholarly Works
This article uses an original database of confirmation hearing dialogue to examine how the Senate Judiciary Committee’s role in Supreme Court confirmations has changed over time, with particular attention paid to the 1939–2010 era. During this period, several notable developments took place, including a rise in the number of hearing comments, increased attention to nominees’ views of judicial decisions, an expansion of the scope of issues addressed, and the equalization of questioning between majority and minority party senators. We demonstrate that these changes were shaped by both endogenous and exogenous factors to promote the legitimization of the Judiciary Committee’s role …
Twenty-Week Abortion Statutes: Four Arguments, Randy Beck
Twenty-Week Abortion Statutes: Four Arguments, Randy Beck
Scholarly Works
The Supreme Court has never justified the conclusion that the Constitution bars any substantial regulation designed to protect fetal life prior to viability. No majority opinion has ever offered a rationale for the viability rule, and the arguments recited in non-majority opinions are either conclusory or fail to distinguish viability from earlier lines that might be drawn. The most coherent academic attempt to justify the rule — Professor Laurence Tribe’s argument that a woman can “transfer nurture of [a viable] fetus to other hands” — rests on the erroneous assumption that a pregnant woman can arrange for premature delivery of …
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook
Scholarly Works
On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …
The Problem With Free Press Absolutism, Sonja R. West
The Problem With Free Press Absolutism, Sonja R. West
Scholarly Works
In her important new book, The First Amendment Bubble, Professor Amy Gajda exposes the many dangers of this all-encompassing attitude about constitutional rights for the press. Sure, there may have been a time when the news media could demand- and the courts and public would grant near immunity for their work, making free press absolutism relatively costless. Yet Gajda provides example after example demonstrating that the courts no longer give the media a free pass. And as the public and the courts' opinions about the press change, Gajda warns, the news media's thinking about their legal protections must change as …
The Media Exemption Puzzle Of Campaign Finance Laws, Sonja R. West
The Media Exemption Puzzle Of Campaign Finance Laws, Sonja R. West
Scholarly Works
In the 2010 case of Citizens United v. Federal Election Commission, the United States Supreme Court solidified the media exemption dilemma in campaign finance law. When attempting to address concerns about corporate campaign expenditures (i.e., corporate political speech), legislatures are now stuck between a rock and a hard place. Regulate media corporations, and they violate press freedoms. Exempt media corporations from the regulations, however, and they are accused of speaker discrimination.
Thus the question of how to treat the press in campaign finance law can no longer be ignored. Can legislatures, without running afoul of the First Amendment, ever regulate …
The Second Amendment Is Not Absolute, Sonja R. West
The Second Amendment Is Not Absolute, Sonja R. West
Popular Media
This article written at Slate.com on December 7, 2015 explains that like many other constitutional rights, the right to possess firearms in the 2nd Amendment, may be regulated by Congress.
Constitutional Law-Aliens-Equal Protection Clause Does Not Require Extension Of Special Immigrant Status To Aliens From Non-Contiguous Countries, Laurie C. Gregory
Constitutional Law-Aliens-Equal Protection Clause Does Not Require Extension Of Special Immigrant Status To Aliens From Non-Contiguous Countries, Laurie C. Gregory
Georgia Journal of International & Comparative Law
No abstract provided.
Accountability And The Foreign Commerce Power: A Case Study Of The Regulation Of Exports, Richard R. Carlson
Accountability And The Foreign Commerce Power: A Case Study Of The Regulation Of Exports, Richard R. Carlson
Georgia Journal of International & Comparative Law
No abstract provided.
Arms Control: Salt Ii- Executive Agreement Or Treaty?, Keith E. Fryer, J. Michael Levengood
Arms Control: Salt Ii- Executive Agreement Or Treaty?, Keith E. Fryer, J. Michael Levengood
Georgia Journal of International & Comparative Law
No abstract provided.