Results 11 to 20 of about 33,907 (201)
Bizarro Statutory Stare Decisis [PDF]
SSRN Electronic Journal, 2006 In Smith v. City of Jackson, the Supreme Court applied to the Age Discrimination in Employment Act one of its decisions interpreting Title VII of the 1964 Civil Rights Act, which Congress had overridden with the Civil Rights Act of 1991. It treated Wards Cove Packing Co. v. Atonio, dealing with disparate impact theory and burdens of proof, as a binding
Prenkert, Jamie D
openaire +4 more sources
The benefits and dangers of using machine learning to support making legal predictions
WIREs Data Mining and Knowledge Discovery, Volume 13, Issue 4, July/August 2023., 2023 The prediction of the potential outcome of a legal dispute is an important aspect in the provision of legal advice. Unfortunately legal data is far more open to bias and misinterpretation than it is in medicine and the natural and physical sciences. Explanation and governance are vital in legal domains and are thus examined in detail.
John Zeleznikow
wiley +1 more source
American Business Law Journal, Volume 60, Issue 3, Page 481-540, Fall 2023., 2023 States are engaging in brute force (anti) federalism, where both sides of the political spectrum push agendas that extend beyond the Founder's early ideal of balanced federalism, using popular support and special interest groups' interests as their springboard.
Kathryn Kisska‐Schulze +2 more
wiley +1 more source
The Journal of World Intellectual Property, Volume 25, Issue 2, Page 516-535, July 2022., 2022 Abstract Despite over 25 years passing since TRIPS entered into force, the full potential of the patent exceptions provision under Article 30 TRIPS (Article 30) is yet to be realised. The hesitation by developing states to implement new patent exceptions in their domestic laws has presented a barrier to reconciling the tension between protecting patent
Amy Tesoriero
wiley +1 more source
Postema and the Common Law Tradition
Ratio Juris, Volume 35, Issue 1, Page 71-91, March 2022., 2022 Abstract First published in 1986, Gerald Postema’s pathbreaking and influential Bentham and the Common Law Tradition offered a controversial interpretation of how Bentham sought to combine the certainty of a code with flexibility in adjudication. A second edition of the work came out in 2019, with a significant new Afterword in which Postema addresses ...
Michael Lobban
wiley +1 more source
Bounded openness: A robust modality of access to genetic resources and the sharing of benefits
PLANTS, PEOPLE, PLANET, Volume 4, Issue 1, Page 13-22, January 2022., 2022 The Fourth Industrial Revolution is underway. Controversy surrounds the choice of modality for access to genetic resources and the fair and equitable sharing of benefits arising from their utilization, as established in the third objective of the Convention on Biological Diversity.
Joseph Henry Vogel +4 more
wiley +1 more source
, 2023 Journal of Legal Studies Education, Volume 40, Issue 1, Page 119-140, Winter 2023.
John C. Kuzenski
wiley +1 more source
When the Court Divides: Reconsidering the Precedential Value of Supreme Court Plurality Decisions [PDF]
, 1992 Many opinions are divided on what religious freedom should protect and the area is unexploredin preschool. Is it the parents, the child or preschool teacher right?
Thurmon, Mark Alan
core +4 more sources
After Dobbs: Reflections on political and legal anthropology
, 2023 PoLAR: Political and Legal Anthropology Review, Volume 46, Issue 2, Page 148-159, November 2023.
Carol J. Greenhouse
wiley +1 more source
Rule 24 Notwithstanding: Why Article III Should Not Limit Intervention of Right [PDF]
, 2017 The Supreme Court recently decided in Town of Chester v. Laroe Estates, Inc. that intervenors of right under Federal Rule of Civil Procedure 24(a)(2) must demonstrate independent Article III standing when they pursue relief different from that requested
Ferguson, Zachary N.
core +2 more sources