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Moving from Express Preemption to Conflict Preemption in Scrutinizing Contracts over Copyrighted Goods.

laissez-faire philosophy. Legal systems need to decide how to approach this tension and specifically whether, and to what degrees, to allow parties to freely contract around the legal norms set forth by ... perception of copyright law as promoting Congress’s delicate balance between conflicting interests and contract law’s deeply rooted laissez-faire philosophy, can raise the possibility of preemption. And indeed

The Hooded Capuchin Monkey (Sapajus cay) is Vulnerable in Paraguay and at Least Near Threatened Globally According to Red List Criteria

results demonstrate that the conservation situation faced by a primate species can differ greatly depending on local, national, and range wide political and social situations. Therefore, we recommend that ... species crosses political boundaries, it is unlikely that the threats it faces in one area will be the same across the range due to differences in history, cultures, laws, and social issues in different

A Philosophy Toolkit for Tax Lawyers

Philosophy functions as a tool for tax lawyers.The various schools of philosophy are akin to a toolkit with different tools suited for differing projects where the more tools the tax lawyer knows how ... philosophy, political science, economics, and other related subjects. Because the United States differs in this respect from almost every other nation, American law students do not absorb the law within an

A Philosophy Toolkit for Tax Lawyers

philosophy, political science, economics, and other related subjects. Because the United States differs in this respect from almost every other nation, American law students do not absorb the law within an ... legitimacy from references to cultural and political history.184 Rao thus argues (similar to Schön) that tax adjudication using philosophy as opposed to “black letter” law is a form of what amounts to

Is Yuan in China’s Three Gorges a Gibbon or a Langur?

period, with the other beginning at the end of the nineteenth century and ending in the 1950s. An interaction between the conceptualization of animals and power (e.g., political opportunity; cultural ... , time periods, academic, and/or political background of the author) on the ancient sources in Electronic Supplementary Material (ESM) Table S1. There is to date no coherent, satisfactory theory in

The Judicial Philosophy of Justice Rehnquist

record and had articulated little in the way of judicial philosophy. The press' and those who testified in the hearings on his nomination' depicted him as a political conservative with excellent legal ... disagreement with Mr. Rehnquist's philosophy. I consider many of his publicly expressed views to be misguided and wrong. Yet I believe that a President has the right to appoint judges of his own political and

The Declaration as Ur-Constitution: The Bizarre Jurisprudential Philosophy of Professor Harry V. Jaffa

hermeneutic with all the attendant elements of his jurisprudential philosophy. Stated in oversimplified terms, perhaps, Dr. Jaffa sees the Declaration of Independence as the source of the principles embodied in ... . O'Neil is assistant professor of the humanities and social sciences at Broome Community College (Binghamton, NY), teaching philosophy, history, and political science. He holds a Ph.D. and an M.A., in

Bare and Constructional Compositionality

rationale for drawing such inferences is provided by observed typological correlations between linguistic and socio-political complexity (Gil, 2021:3) : "[i]n domains where linguistic complexity correlates ... positively with cultural or socio-political complexity, simpler linguistic structures may be inferred to be evolutionarily prior to their more complex counterparts". The justification for this principle lies

Principal Drivers and Conservation Solutions to the Impending Primate Extinction Crisis: Introduction to the Special Issue

change on ecosystems health and biodiversity, and play a greater role in conservation and environmental policy by educating global citizens and political leaders. In addition, the international community ... , primate scientists must take a more activist role in educating the public and political leaders, and driving public policy (Garber, 2021, this issue) . Goals of the Special Issue In this special issue

The Legal and Political Foundations and Meaning of President Wilson's Great Western Tour

preparation of this paper. 'Selected Literary and Political Papers and Addresses of Woodrow Wilson, 345 (1926) [hereinafter Political Papers]. 2See G. JOHNSON, WOODROW WILSON: THE UNFORGETrABLE FIGURE WHO HAS

Justice Scalia's Eighth Amendment Jurisprudence: An Unabashed Foe of Criminal Defendants

explains at least some of his pro-defendant positions. Some of his supporters point to such examples to support a claim that Justice Scalia was principled in his application of his jurisprudential philosophy ... Solem v. Helm majority opinion paralleled a wellrespected philosophy of punishment. Many commentators recognize that no single justifying aim for punishment works well in all cases.48 Retributivism, for

Justice Scalia's Eighth Amendment Jurisprudence: An Unabashed Foe of Criminal Defendants

explains at least some of his pro-defendant positions. Some of his supporters point to such examples to support a claim that Justice Scalia was principled in his application of his jurisprudential philosophy ... Solem v. Helm majority opinion paralleled a wellrespected philosophy of punishment. Many commentators recognize that no single justifying aim for punishment works well in all cases.48 Retributivism, for

Cultivating Care: Behaviourally Informed Conservation Strategies to Safeguard the Future of the Sulawesi Crested Black Macaque (Macaca nigra)

now a well-known, popular icon and representative of local conservation efforts (evidenced by features in local radio and TV shows, at religious and political events, and represented in local, district ... . , Sherren , K. , St. John , F. A. V. , van Kerkhoff , L. , & Wyborn , C. ( 2019 ). Expanding the role of social science in conservation through an engagement with philosophy, methodology, and methods

Political Campaign Advertising and the First Amendment: A Structural-Functional Analysis of Proposed Reform

The metaphor of the political arena as a marketplace has become all too apt with candidates

A Tribute to Rasanayagam (Rudy) Rudran: Friend, Colleague, Devoted Conservationist, 14 July 1941 – 10 April 2023

relief and amusement, that some local officials had welcomed them as “black Americans.” Rudy quickly adapted to the socio-political conditions of the day, but there were some narrow escapes. Not long after

Felony Disenfranchisement and the Nineteenth Amendment

unable to vote, often for crimes wholly unrelated to the political process. They also increasingly threaten gains in female enfranchisement. Today’s arguments in support of felony disenfranchisement laws ... Supreme Court’s recent finding that extreme partisan gerrymandering—which has been tied to legislative stagnation, political dysfunction, and vast underrepresentation for citizens living within voting

Life After Sentence of Death: What Becomes of Individuals Under Sentence of Death After Capital Punishment Legislation is Repealed or Invalidated

contentious political and legal issues, fraught with complex philosophical, penological, and constitutional questions. This article presents a detailed account of what has happened historically to persons ... of victims’ survivors18—would, should, or must be rendered nullities and replaced w ith life imprisonment. 19 Parsing the moral, 20 legal, 21 political,22 and philosophical23 dimensions of these

Erie as a Way of Life

tendencies, on both the political Left and Right, to collapse the distinction between law as a set of positivist choices adopted by government and law as the principles that we think are just, right, and true ... ratified. For him, 2018] ERIE AS A WAY OF LIFE these things are rights because they?re grounded in a political theory of strong democracy and equality. They are rights because they are true, not because

Keeping the Faith: How the Fourteenth Amendment Should Protect Against Faithless Electors

electors, and we must enact strict elector pledge laws to bind electors and prevent faithless voting. Otherwise, there is a real risk of voter disenchantment and political upheaval. 4 Imagine a scenario ... , 2:55 PM), https://time.com/4665755/donald-trump-fear/ [https://perma.cc/X7ZB-MJN2] (explaining how past presidents, except for Barack Obama, have used fear as “an effective form of political rhetoric

The Digital Transformation of Law: Are We Prepared for Artificially Intelligent Legal Practice?

approach to addressing these issues. Law, medicine, pharmacology, engineering, architecture, literature, philosophy, psychology, and neuroscience are but a few of the areas of expertise needed to create ... from multiple professional disciplines including engineering, education, law, philosophy, and public policy.36 Issues such as data privacy, data ownership, bias, and verification are matters every