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2016

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Articles 541 - 570 of 1170

Full-Text Articles in Constitutional Law

Wobbling On The Shoulders Of Giants: The Supreme Court's Failure In Lotus V. Borland, Bradley W. Grout Mar 2016

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. Mar 2016

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. Mar 2016

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 Mar 2016

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 Mar 2016

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 Mar 2016

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 Mar 2016

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 Mar 2016

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 Mar 2016

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 Mar 2016

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 Mar 2016

Payment Demands For Spurious Copyrights: Four Causes Of Action, Paul J. Heald

Georgia Journal of Law & Technology

No abstract provided.


Movement For Quality Government V. Prime Minister, Elyakim Rubinstein, Salim Joubran, Noam Sohlberg, Uzi Vogelman, Esther Hayut Mar 2016

Movement For Quality Government V. Prime Minister, Elyakim Rubinstein, Salim Joubran, Noam Sohlberg, Uzi Vogelman, Esther Hayut

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The Petitions disputed the legal validity of the Gas Outline adopted by the Government in the framework of Government Decision 432 in regard to the treatment of the gas reserves (hereinafter: the Gas Outline). The state and the gas companies holding the franchises defended the Gas Outline.

The Supreme Court, sitting as High Court of Justice (in an expanded bench of five justices) ruled …


Are The Secrecy Order Compensation Provisions Of The Patent Act Constitutional Under The Fifth Amendment?, Adam J. Citrin Mar 2016

Are The Secrecy Order Compensation Provisions Of The Patent Act Constitutional Under The Fifth Amendment?, Adam J. Citrin

Akron Intellectual Property Journal

The secrecy order provisions of the Patent Act' raise a number of issues under the U.S. Constitution. The primary focus of this note is on the Fifth Amendment issues raised by the Invention Secrecy Act.


March 25, 2016: Religious Exemptions, Bruce Ledewitz Mar 2016

March 25, 2016: Religious Exemptions, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Wearing Religious Garb, Bible Distribution In Public Schools, Zoning Restrictions On Churches, Rectory Held Tax Exempt, Religion And Adoption Laws, Court Permits Child To Choose Religion Mar 2016

Wearing Religious Garb, Bible Distribution In Public Schools, Zoning Restrictions On Churches, Rectory Held Tax Exempt, Religion And Adoption Laws, Court Permits Child To Choose Religion

The Catholic Lawyer

No abstract provided.


Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan Mar 2016

Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan

Life of the Law School (1993- )

No abstract provided.


The Real Danger Of Guns In Schools, Sonja R. West Mar 2016

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 Mar 2016

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.


March 20, 2016: Maybe Finally A Debate On Trade, Bruce Ledewitz Mar 2016

March 20, 2016: Maybe Finally A Debate On Trade, Bruce Ledewitz

Hallowed Secularism

Blog post, “Maybe Finally a Debate on Trade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen Henderson Mar 2016

Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen Henderson

Other Faculty Publications

The dispute between the FBI and Apple Inc. over the unlocking of the iPhone used by one of the San Bernadino shooters is important to all Americans. And so it's good that it is getting a wide airing. But when it comes to issues that have complicated tradeoffs, it can be important not just that we have the conversation, but that we use the right words. And here the debate deserves very mixed reviews. . . .


How To Screen For Success In Employment Law Cases, Robert M. Rosen Mar 2016

How To Screen For Success In Employment Law Cases, Robert M. Rosen

Touro Law Review

No abstract provided.


Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum Mar 2016

Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum

Touro Law Review

No abstract provided.


Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff Mar 2016

Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff

Touro Law Review

No abstract provided.


Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer Mar 2016

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.


How Merrick Garland Could Help Heal America, Jeffrey Bellin Mar 2016

How Merrick Garland Could Help Heal America, Jeffrey Bellin

Popular Media

No abstract provided.


Domestic Disorders: Suffrage And New York's Constitutional Convention Of 1867, Felice Batlan Mar 2016

Domestic Disorders: Suffrage And New York's Constitutional Convention Of 1867, Felice Batlan

ConLawNOW

In this essay, Felice Batlan discusses New York State’s Constitutional Convention of 1867. She argues that it is (at least in part) the outcome of this convention and the antagonisms that it created that further propelled Elizabeth Cady Stanton and Susan Anthony to align with interests opposing African-American suffrage. It also shows the absolute mess of pursuing suffrage on a state by state basis and how legislators themselves equated the voting of African American men with women’s suffrage. The essay is part of a larger project in conversation with scholarship about Reconstruction in the North and a second body of …


The Brooding Omnipresence Of Regulatory Takings: Urban Origins And Effects, Michael Allan Wolf Mar 2016

The Brooding Omnipresence Of Regulatory Takings: Urban Origins And Effects, Michael Allan Wolf

Fordham Urban Law Journal

No abstract provided.


The Commercial Sexual Exploiutation Of Minors, The First Amendment, And Freedom: Why Backpage.Com Should Be Prevented From Selling America's Children For Sex, Anna Makatche Mar 2016

The Commercial Sexual Exploiutation Of Minors, The First Amendment, And Freedom: Why Backpage.Com Should Be Prevented From Selling America's Children For Sex, Anna Makatche

Fordham Urban Law Journal

No abstract provided.


A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig Mar 2016

A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig

Fordham Urban Law Journal

The U.S. Constitution guarantees every criminal defendant the right to a fair trial. This fundamental right includes the right to a defense counsel who provides effective assistance. To be effective, attorneys must sometimes develop specific types of evidence in crafting the best defense. In recent years, the U.S. Supreme Court has found that defense attorneys did not provide effective assistance when they failed to consider neuroscience. But when must defense attorneys develop neuroscience in order to provide effective assistance? This question is difficult because the standard for determining effective assistance is still evolving. There are two leading approaches. First, in …


March 16 2016: Three Conservative Commentators Breaking Out Of Conventional Wisdom, Bruce Ledewitz Mar 2016

March 16 2016: Three Conservative Commentators Breaking Out Of Conventional Wisdom, Bruce Ledewitz

Hallowed Secularism

Blog post, “Three Conservative Commentators Breaking Out of Conventional Wisdom “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.