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In the hundred years before the United States Supreme Court declared miscegenation statutes unconstitutional in Loving v. Virginia, state courts decided thirteen recorded race-based annulment cases. This article presents a unified analysis of all race based annulment cases for the first time....
Persistent link: https://www.econbiz.de/10014218775
In the modern media age, the number of media venues, along with the types of information and programming those venues carry, is exploding. Nowhere is that explosion more evident than with the Internet. On the positive side, the Internet offers a wealth of information and communications...
Persistent link: https://www.econbiz.de/10014219189
The one overriding theme used to describe the modern Supreme Court is its revival of federalism. Ever since the New Deal era, federalism concerns had been largely absent from the Court's decisions. However, under the leadership of the late Chief Justice Rehnquist, the Court has attempted to...
Persistent link: https://www.econbiz.de/10014221410
Defining Speech in an Entertainment Age: The Case of First Amendment Protection for Video Games, argues that in a media society producing ever increasing amounts of entertainment the courts must closely examine the types of entertainment that qualify as protected speech under the First...
Persistent link: https://www.econbiz.de/10014222651
Examining the Due Process Rights of Government Employees in Light of the Public Employee Speech Doctrine examines the case law and rationale underlying the rule that public employment qualifies as property under the Due Process clause. Traditionally, the kind of property entitled to due process...
Persistent link: https://www.econbiz.de/10014222797
The judgment of the Supreme Court in R. v. K.R.J. reflects an important potential change in the way proportionality analysis is conducted in the review of constitutional rights limitations under Canada’s Oakes test. Previously, most cases came down to the “Minimal Impairment” stage of...
Persistent link: https://www.econbiz.de/10014116805
This Article offers an analysis of the clean hands doctrine. The doctrine spans every conceivable controversy and effectively eliminates rights. A number of state and federal courts no longer restrict unclean hands to equitable remedies or preserve the substantive version of the defense. It has...
Persistent link: https://www.econbiz.de/10014119103
Free and Open source software have changed large parts of the software industry landscape in a few years period. Due to their peculiar nature, FOSS communities have created a new development model, whose core is represented by their aim of fostering a feeling of commitment and participation...
Persistent link: https://www.econbiz.de/10014121671
The International Trade Commission (ITC) has power under Section 337 of the Tariff Act to investigate goods that are being imported unfairly and are affecting a domestic industry. One type of unfair import is a good that violates U.S. intellectual property rights, including patents. Section 337...
Persistent link: https://www.econbiz.de/10014081394
This note considers the decision of the Irish High Court in Re Prendiville (1992) which dealt with the enforcement of half-secret trusts. It confirms, in a case where the point arose for decision, that Irish law rejects “the prior acceptance rule” favoured in the English cases. The judgment...
Persistent link: https://www.econbiz.de/10014108462