Results 11 to 20 of about 2,044 (211)

The benefits and dangers of using machine learning to support making legal predictions

open access: yesWIREs 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

Brute Force (Anti) Federalism

open access: yesAmerican 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

Using the flexibilities of Article 30 TRIPS to implement patent exceptions in pursuit of Sustainable Development Goal 3

open access: yesThe 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

open access: yesRatio 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

open access: yesPLANTS, 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

Contemporary Business Law Courses: An Exploratory Study of Undergraduate Textbook Content and Pedagogical Planning

open access: yes, 2023
Journal of Legal Studies Education, Volume 40, Issue 1, Page 119-140, Winter 2023.
John C. Kuzenski
wiley   +1 more source

Against Methodological Stare Decisis [PDF]

open access: yes, 2014
Should federal courts give stare decisis effect to statutory interpretation methodology? Although a growing number of legal scholars have answered this question in the affirmative, this Essay makes the case against methodological stare decisis.
Criddle, Evan J.   +4 more
core   +1 more source

After Dobbs: Reflections on political and legal anthropology

open access: yes, 2023
PoLAR: Political and Legal Anthropology Review, Volume 46, Issue 2, Page 148-159, November 2023.
Carol J. Greenhouse
wiley   +1 more source

El caso Dobbs: de la Constitución viva a la Democracia Constitucional viva

open access: yesRevista de Derecho Político, 2023
El presente artículo examina el debate jurídico sobre el aborto en los EEUU. Para ello, tras situar el contexto dado por los casos Roe y Casey, desarrolla la decisión Dobbs, enfatizando cómo supone una moderada apuesta por el nasciturus y una ...
Juan Alonso Tello Mendoza
doaj   +1 more source

Stare Decisis: Rhetoric and Substance [PDF]

open access: yesSSRN Electronic Journal, 2008
Stare decisis allows common law to develop gradually and incrementally. We show how judge-made law can steadily evolve and tend to increase efficiency even in the absence of new information. Judges' opinions must argue that their decisions are consistent with precedent: this is the more costly, the greater the innovation they are ...
Patricio A. Fernandez   +1 more
openaire   +4 more sources

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