Georgetown Law Journal最新文献_第3页

The Problem of Perspective in Internet Law 网络法律中的视角问题

IF 2 2区社会学

Georgetown Law Journal Pub Date : 2002-05-18 DOI: 10.2139/SSRN.310020

Orin S. Kerr

引用次数: 33

Economics, Public Choice and the Perennial Conflict of Laws 经济学、公共选择和法律的长期冲突

IF 2 2区社会学

Georgetown Law Journal Pub Date : 2001-12-10 DOI: 10.2139/SSRN.293000

O. O'Connor, A. Erin

引用次数: 3

Candidates v. Parties: The Constitutional Constraints on Primary Ballot Access Laws 候选人诉政党:初选投票准入法的宪法限制

IF 2 2区社会学

Georgetown Law Journal Pub Date : 2001-07-01 DOI: 10.7916/D8PN9G3B

N. Persily

引用次数: 10

Parenthood Divided: A Legal History of the Bifurcated Law of Parental Relations 父母的分裂:父母关系法律分支的法律史

IF 2 2区社会学

Georgetown Law Journal Pub Date : 2001-05-01 DOI: 10.2139/SSRN.271688

J. Hasday

引用次数: 125

Internet Service Provider Liability for Subscriber Copyright Infringement, Enterprise Liability, and the First Amendment 互联网服务提供者对用户版权侵权的责任、企业责任与第一修正案

IF 2 2区社会学

Georgetown Law Journal Pub Date : 2000-09-05 DOI: 10.2139/SSRN.236478

Alfred C. Yen

{"title":"Internet Service Provider Liability for Subscriber Copyright Infringement, Enterprise Liability, and the First Amendment","authors":"Alfred C. Yen","doi":"10.2139/SSRN.236478","DOIUrl":"https://doi.org/10.2139/SSRN.236478","url":null,"abstract":"The Internet offers the fastest reproduction and distribution of information ever known, presenting fundamental challenges to copyright law. Practically anyone with a personal computer can receive and send information over the Internet, and so practically anyone has access to copyrighted works and can duplicate them, adapt them, or disseminate them. From the perspective of a copyright holder, even a single innocent use represents a threat. This Article examines the controversial proposal that Internet Service Providers (\"ISPs\") be held liable for the copyright infringements of the subscribers. The Article takes the position that the existing case law considering ISP liability for subscriber copyright infringement - under theories of direct liability, vicarious liability, and contributory liability - thus far has struck an acceptable balance between the property interests of copyright holders and the First Amendment rights of subscribers. The Article supports this contention with an examination of the rationales underlying the closely analogous field of enterprise liability in tort. It then examines recent Congressional legislation - the Digital Millenium Copyright Act (\"DMCA\") - providing \"safe harbors\" for ISP liability. The Article concludes that the DMCA, unless properly interpreted, threatens to upset the balance struck by the case law by creating an incentive to unduly restrict the free speech of subscribers.","PeriodicalId":47702,"journal":{"name":"Georgetown Law Journal","volume":"10 1","pages":""},"PeriodicalIF":2.0,"publicationDate":"2000-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75214299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 28

Law and the Emotions 法律与情感

IF 2 2区社会学

Georgetown Law Journal Pub Date : 2000-09-01 DOI: 10.2139/SSRN.241389

E. Posner

引用次数: 172

Choice of Law: New Foundations 法律的选择:新的基础

IF 2 2区社会学

Georgetown Law Journal Pub Date : 2000-08-01 DOI: 10.2139/SSRN.237802

Andrew T. Guzman

{"title":"Choice of Law: New Foundations","authors":"Andrew T. Guzman","doi":"10.2139/SSRN.237802","DOIUrl":"https://doi.org/10.2139/SSRN.237802","url":null,"abstract":"This Article develops a new approach to choice of law. Founded on economic principles rather than the notions of sovereignty that are typically used by choice of law scholars, it seeks to build new foundations for choice of law scholarship. The analysis in the Article makes it possible to discuss alternative choice of law rules in terms of their impact on the well-being of individuals. In other words, it makes it possible to consider questions of efficiency within a choice of law discussion. The Article traces how the self-interested behavior of nations is at odds with globally efficient rules, and shows how choice of law rules can impact the incentives of countries. The analysis yields eight â€œchoice of law lessonsâ€ that help explain the impact of choice of law rules. From these lessons emerge several policies that provide countries with an incentive to regulate more efficiently. The Article then applies its analysis to several specific substantive law topics â€“ bankruptcy, securities, and antitrust â€“ demonstrating how the framework of the Article can be applied in particular cases. The role of international institutions is also examined. It is shown that they represent an effective tool to facilitate negotiations over choice of law issues in certain cases, but not in others. This discussion informs a variety of current issues. For example, it explains why negotiations over international competition policy and environmental policy should be carried out within the WTO rather than in a separate forum.","PeriodicalId":47702,"journal":{"name":"Georgetown Law Journal","volume":"24 1","pages":"883"},"PeriodicalIF":2.0,"publicationDate":"2000-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74365810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 45

The Constitutional Implications of Race-Neutral Affirmative Action 种族中立平权行动的宪法含义

IF 2 2区社会学

Georgetown Law Journal Pub Date : 1999-11-01 DOI: 10.2139/SSRN.198911

Kim Forde-Mazrui

{"title":"The Constitutional Implications of Race-Neutral Affirmative Action","authors":"Kim Forde-Mazrui","doi":"10.2139/SSRN.198911","DOIUrl":"https://doi.org/10.2139/SSRN.198911","url":null,"abstract":"This paper explores the constitutional implications of race-neutral affirmative action, i.e., governmental efforts to pursue affirmative action goals, such as remedying discrimination and promoting diversity, through non-racial means. For example, to increase minority enrollment, some public universities give weight in the admission process to economic background. This paper suggests that such \"race-neutral\" policies may be just as unconstitutional as racial preferences if they are motivated by arguably discriminatory (against whites) purposes. I then present two doctrinal defenses of race-neutral affirmative action. First, assuming that strict scrutiny would apply to such policies, I argue that remedying discrimination, even so-called \"societal discrimination,\" should qualify as compelling when pursued through race-neutral means. Second, I argue that race-neutral affirmative action should only be subject to rational basis review. The principal point here is that the purposes of remedying racial discrimination and promoting diversity are not themselves \"racially discriminatory\" purposes that trigger heightened review. Policies that pursue such purposes without discriminating by race as a means thereto are therefore constitutionally unobjectionable.","PeriodicalId":47702,"journal":{"name":"Georgetown Law Journal","volume":"32 1","pages":""},"PeriodicalIF":2.0,"publicationDate":"1999-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84973540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

The Limits of Integrative Bargaining 综合议价的局限性

IF 2 2区社会学

Georgetown Law Journal Pub Date : 1996-01-01 DOI: 10.1093/oso/9780197513248.003.0016

Gerald B. Wetlaufer

{"title":"The Limits of Integrative Bargaining","authors":"Gerald B. Wetlaufer","doi":"10.1093/oso/9780197513248.003.0016","DOIUrl":"https://doi.org/10.1093/oso/9780197513248.003.0016","url":null,"abstract":"This article discusses integrative bargaining. Opportunities for integrative bargaining are often unrecognized and unexploited. As a result, both the parties to negotiations and society as a whole are worse off than would otherwise have been the case. The article offers three conclusions. First, opportunities for integrative bargaining are not nearly as pervasive as is sometimes authoritatively asserted. Second, the claim that opportunities for integrative bargaining make good behavior a simple matter of rational, pecuniary self-interest is not nearly as strong as is sometimes claimed, both because opportunities for integrative bargaining are less pervasive than has been asserted and because, even when such opportunities may exist, the case for good behavior is weaker than has been claimed. Third, and accordingly, the case for good behavior cannot rest entirely on pecuniary self-interest. The article then outlines the opportunities for integrative bargaining, which includes differences between the parties in terms of (1) their interests, (2) their projections concerning possible future events, (3) their willingness to accept risks, and (4) their time preferences regarding payment or performance.","PeriodicalId":47702,"journal":{"name":"Georgetown Law Journal","volume":"10 3 1","pages":"369"},"PeriodicalIF":2.0,"publicationDate":"1996-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80757290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 20

Torture By Means of Rape 强奸方式的酷刑

IF 2 2区社会学

Georgetown Law Journal Pub Date : 1996-01-01 DOI: 10.2139/SSRN.3474128

Evelyn Aswad

{"title":"Torture By Means of Rape","authors":"Evelyn Aswad","doi":"10.2139/SSRN.3474128","DOIUrl":"https://doi.org/10.2139/SSRN.3474128","url":null,"abstract":"This note argues that rapes perpetrated with government involvement and for political purposes should be classified as torture rather than ill-treatment under international law.' Part I of this note addresses the legal and social significance of viewing rape as ill-treatment rather than torture. As a legal matter, the classification of rape as ill-treatment systematically denies rape survivors\" the protections and remedies available to torture survivors under international treaties and domestic laws. On a societal level, the separation of rape from torture perpetuates myths about rape and denies women an equal right to dignity, as protected by international human rights law. To determine whether governmental rapes should be classified as torture or ill-treatment, Part II analyzes the difference between the international legal definitions of these two forms of abuse. This Part traces major events in the evolution of these two concepts with regard to several international and regional conventions. Ultimately, this Part suggests that one of the most significant legal distinction between torture and ill-treatment is that torture is understood as inflicting more pain and suffering than ill-treatment. Part III argues that the severe suffering caused by rape is comparable to that inflicted by torture, thus justifying the treatment of rape as torture under international law. This Part begins by comparing medical studies of rape survivors with similar studies of torture survivors. This comparison reveals that the psychological aftermath of rape is strikingly similar in intensity and duration to that experienced by other torture survivors. This Part then argues that, because of the unique impact of rape as a method of torture, rape may inflict even more trauma than other forms of torture, thereby inflicting \"torture plus\" on women. Part III concludes that, when government officials rape for political purposes, such rapes inflict at least torture and not merely ill-treatment. This note was cited favorably in three federal appellate decisions: 99 F.3d 954 (9th Cir. 1996), 395 F.3d 932 (9th Cir. 2002), and 333 F.3d 463 (3rd Cir. 2003))","PeriodicalId":47702,"journal":{"name":"Georgetown Law Journal","volume":"61 1","pages":""},"PeriodicalIF":2.0,"publicationDate":"1996-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91048446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4