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Articles 151 - 180 of 265
Full-Text Articles in Jurisprudence
Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow
Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow
Law Faculty Scholarship
Copyright laws are written and enforced to help certain groups of people assert and retain control over the resources generated by creative productivity. Because those people are predominantly male, the copyright infrastructure plays a role, largely unexamined by legal scholars, in helping to sustain the material and economic inequality between women and men. This essay considers some of the ways in which gender issues and copyright laws intersect, proposes a feminist critique of the copyright legal regime which advocates low levels of copyright protections, and asserts the importance of considering the social and economic disparities between women and men when …
Appellate Standards Of Conduct As Adopted In Texas The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Catherine Stone
Appellate Standards Of Conduct As Adopted In Texas The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Catherine Stone
St. Mary's Law Journal
It was not until 1987 that the State Bar of Texas created an Appellate Practice & Advocacy Section. As lawyers began concentrating on appellate law as a specialty, other practitioners began to realize that appellate practice requires a unique skill set. As recognition of this skill set grew, litigators began hiring these specialized lawyers to assist in preserving error at the trial level. Over the years, the need for a more professional approach to the practice of appellate law persisted until the “Standards of Appellate Conduct” (the Standards) was jointly adopted by the Texas Supreme Court and Texas Court of …
Feminist Interpretations Of Intellectual Property, Debora Halbert
Feminist Interpretations Of Intellectual Property, Debora Halbert
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Copyright And Feminism In Digital Media, Dan L. Burk
Copyright And Feminism In Digital Media, Dan L. Burk
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow
Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Hybrid Class Action As Judicial Spork: Managing Individual Rights In A Stew Of Common Wrong, 39 J. Marshall L. Rev. 231 (2006), Jon Romberg
UIC Law Review
No abstract provided.
The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring
The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring
UIC Law Review
No abstract provided.
Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield
Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield
UIC Law Review
No abstract provided.
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
UIC Law Review
No abstract provided.
"For It's One, Two, Three Strikes, You're Out . . .", 39 J. Marshall L. Rev. 493 (2006), Kaycee Hopwood
"For It's One, Two, Three Strikes, You're Out . . .", 39 J. Marshall L. Rev. 493 (2006), Kaycee Hopwood
UIC Law Review
No abstract provided.
Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona
UIC Law Review
No abstract provided.
Should The Securities Exchange Act Be The Sole Federal Remedy For An Erisa Fiduciary Misrepresentation Of The Value Of Public Employer Stock?, 39 J. Marshall L. Rev. 637 (2006), Mark Casciari, Ian Morrison
Should The Securities Exchange Act Be The Sole Federal Remedy For An Erisa Fiduciary Misrepresentation Of The Value Of Public Employer Stock?, 39 J. Marshall L. Rev. 637 (2006), Mark Casciari, Ian Morrison
UIC Law Review
No abstract provided.
Resolving The Judicial Paradox Of "Equitable" Relief Under Erisa Section 502(A)(3), 39 J. Marshall L. Rev. 827 (2006), Colleen E. Medill
Resolving The Judicial Paradox Of "Equitable" Relief Under Erisa Section 502(A)(3), 39 J. Marshall L. Rev. 827 (2006), Colleen E. Medill
UIC Law Review
No abstract provided.
Adjudicated On The Merits?: Why The Aedpa Requires State Courts To Exhibit Their Reasoning, 39 J. Marshall L. Rev. 995 (2006), Ezra Spilke
UIC Law Review
No abstract provided.
Negligent Infliction Of Emotional Distress: Recovery Is Foreseeable, 39 J. Marshall L. Rev. 1019 (2006), Jeffrey Hoskins
Negligent Infliction Of Emotional Distress: Recovery Is Foreseeable, 39 J. Marshall L. Rev. 1019 (2006), Jeffrey Hoskins
UIC Law Review
No abstract provided.
The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy
The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy
UIC Law Review
No abstract provided.
Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner
Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner
UIC Law Review
No abstract provided.
Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys
Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys
UIC Law Review
No abstract provided.
Law’S Quandary: An Echo Of The Infinite, A Glimpse Of The Unfathomable, William J. Wagner
Law’S Quandary: An Echo Of The Infinite, A Glimpse Of The Unfathomable, William J. Wagner
Scholarly Articles
No abstract provided.
The Public Trust Doctrine And Natural Law: Emanations With A Penumbra, George P. Smith Ii, Michael W. Sweeney
The Public Trust Doctrine And Natural Law: Emanations With A Penumbra, George P. Smith Ii, Michael W. Sweeney
Scholarly Articles
In American jurisprudence, the public trust doctrine emerged as a means of protecting certain limited environmental interests, such as coastal waterways and fishing areas, which were preserved for the benefit of the public and distinguished from grants of private ownership. Modern scholars have, however, called for an expansive application of the public trust doctrine - citing, as such, the growing inventory of "changing public needs" in the environmental context, such as the need for improved air and water quality, and the conservation of natural landscape. This Article examines the history and scope of the public trust doctrine in order to …
The "War On Terror" And The Erosion Of The Rule Of Law: The U.S. Hearings Of The Icj Eminent Jurist Panel, Mark W. Vorkink, Erin M. Scheick
The "War On Terror" And The Erosion Of The Rule Of Law: The U.S. Hearings Of The Icj Eminent Jurist Panel, Mark W. Vorkink, Erin M. Scheick
Human Rights Brief
No abstract provided.
The Framers' Idea Of Marriage And Family, David F. Forte
The Framers' Idea Of Marriage And Family, David F. Forte
Law Faculty Contributions to Books
The founders understood the symbiotic connection between family virtues and civic virtues. They knew it through their study of the classics, through their imbibing of the Scottish enlightenment, through their understanding of the providential nature of the Judeo-Christian God, through their familiarity with self-governing liberty, and through their utter respect of their own human experience of living. They looked upon the family as a model in which man’s selfish impulses would be contained, where the coordination of practical tasks could be effectuated, and where sentiments of affection and mutual respect could bind a people into a nation. It was the …
Putting Voters First: An Essay On The Jurisprudence Of Citizen Sovereignty In Federal Election Law, Frances R. Hill
Putting Voters First: An Essay On The Jurisprudence Of Citizen Sovereignty In Federal Election Law, Frances R. Hill
University of Miami Law Review
No abstract provided.
Congress As A Court Of Appeals, Scott E. Thomas, Jeffrey H. Bowman
Congress As A Court Of Appeals, Scott E. Thomas, Jeffrey H. Bowman
University of Miami Law Review
No abstract provided.
Repraesentatio In Classical Latin, Alan Watson
Repraesentatio In Classical Latin, Alan Watson
Scholarly Works
The Romans knew well the twin concepts of representation and representatives in law suits and in the relationships between father and son, and owner and slave. But for these concepts they did not use the terms repraesentare or any cognate.
To Tertullian, it seems, goes the credit of first using repraesentare and repraesentator in their modern senses of <> and <>. That his context is theological probably should not surprise since he is, above all, a theologian.
Thus he uses repraesentare to mean that the one larger and more important may represent the many and less important. This usage had a …
"Sufficient" Capacity: The Contrasting Capacity Requirements For Different Documents, Mary F. Radford, Lawrence A. Frolik
"Sufficient" Capacity: The Contrasting Capacity Requirements For Different Documents, Mary F. Radford, Lawrence A. Frolik
Faculty Publications By Year
In Anglo-American law, the concept of mental "capacity" is used to measure the degree to which an individual has the "mental ability to understand the nature and effects of one's acts" as determined by a medical or cognitive assessment of an individual's mental ability. Based on an individual's mental capacity, the law decides whether the individual had sufficient capacity to engage in the action in question. The legal concept of mental capacity, therefore, is the basis for "when a state legitimately may take action to limit an individual's rights to make decisions about his or her own person or property." …
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
UIC Law Review
No abstract provided.
Developing Trends With The Class Action Fairness Act Of 2005, 40 J. Marshall L. Rev. 115 (2006), Steven M. Puiszis
Developing Trends With The Class Action Fairness Act Of 2005, 40 J. Marshall L. Rev. 115 (2006), Steven M. Puiszis
UIC Law Review
No abstract provided.
The Doctrine Of Equivalents: Becoming A Derelict On The Waters Of Patent Law, Charles Adams
The Doctrine Of Equivalents: Becoming A Derelict On The Waters Of Patent Law, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
The doctrine of equivalents expands the scope of patent protection in some circumstances to cover variations of the invention that are not within the literal terms of the claims. While there is no statutory basis for the doctrine of equivalents, and it has been characterized as an anomaly, the Supreme Court has repeatedly reaffirmed the doctrine over the past 150 years. Although the Supreme Court and the lower federal courts continue to recognize the doctrine of equivalents, they have not clearly defined the circumstances in which it is available, nor demarcated the extent to which it expands the scope of …
Attorneys Who Interpret For Their Clients: Communication, Conflict, And Confusion - How Texas Courts Have Placed Attorneys And Their L.E.P. Clients At The Discretion Of The Trial Court The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility" Recent Development., Teresa B. Morales, Nathaniel D. Wong
Attorneys Who Interpret For Their Clients: Communication, Conflict, And Confusion - How Texas Courts Have Placed Attorneys And Their L.E.P. Clients At The Discretion Of The Trial Court The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility" Recent Development., Teresa B. Morales, Nathaniel D. Wong
St. Mary's Law Journal
Abstract Forthcoming.