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Copyright's Paradox

Neil Weinstock Netanel

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195137620
eISBN:
9780199871629
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195137620.001.0001
Subject:
Political Science, American Politics

Copyright is at once an engine of free expression and impediment to free expression. Copyright law underwrites much literature, journalism, music, art, and film. Yet copyright often stands in the way ... More


The Miranda Ruling: Its Past, Present, and Future

Lawrence S. Wrightsman and Mary L. Pitman

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199730902
eISBN:
9780199776986
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199730902.001.0001
Subject:
Psychology, Forensic Psychology

In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. ... More


Farewell to Christendom: The Future of Church and State in America

Thomas J. Curry

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195145694
eISBN:
9780199834129
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195145690.001.0001
Subject:
Religion, History of Christianity

Protestantism abandoned Christendom by way of the First Amendment of the Bill of Rights, and Catholicism did the same in the Declaration of Religious Liberty of the Second Vatican Council. Because ... More


Meaning in Law: A Theory of Speech

Charles W. Collier

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195388978
eISBN:
9780199855421
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388978.001.0001
Subject:
Law, Constitutional and Administrative Law

Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized. Existing theories of speech proceed on ... More


A Fresh Start: Veto Players, Win Sets, and Constitutional Moments

Iain McLean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0003
Subject:
Political Science, Comparative Politics, UK Politics

Veto players and win sets in a pluralitarian democracy, compared to those in a proportional regime; and in a unitary compared to a federal regime. Duverger's Law. Constitutional moments in the United ... More


Restoring the Lost Constitution: The Presumption of Liberty

Randy E. Barnett

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.001.0001
Subject:
Law, Constitutional and Administrative Law

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. This book argues that since the nation's founding, but especially ... More


The Presumption of Liberty: Protecting Rights without Listing Them

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter examines how a Presumption of Liberty can protect the unenumerable rights retained by the people by shifting the background interpretive presumption of constitutionality whenever ... More


The Procedure of the UN Security Council

Sydney D. Bailey and Sam Daws

Published in print:
1998
Published Online:
November 2003
ISBN:
9780198280736
eISBN:
9780191598746
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198280734.001.0001
Subject:
Political Science, International Relations and Politics

The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and ... More


 What Is Freedom of Speech?: (And How Does It Bear on Copyright)?

Neil Weinstock Netanel

in Copyright's Paradox

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195137620
eISBN:
9780199871629
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195137620.003.0003
Subject:
Political Science, American Politics

When does someone's inability to copy, distribute, or build upon a copyrighted work rise to the level of a burden on free speech? When, in contrast, should we readily countenance the restraints that ... More


 Copyright and the First Amendment

Neil Weinstock Netanel

in Copyright's Paradox

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195137620
eISBN:
9780199871629
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195137620.003.0008
Subject:
Political Science, American Politics

Copyright law's potential for abridging speech has long been recognized in United States case law, legislation, and commentary. Because of copyright, speakers are often unable effectively to convey ... More


 Remaking Copyright in the First Amendment's Image

Neil Weinstock Netanel

in Copyright's Paradox

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195137620
eISBN:
9780199871629
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195137620.003.0009
Subject:
Political Science, American Politics

Courts are not the only realm in which First Amendment values should come into play in defining and delimiting copyright. Concern over copyright's speech‐burdening potential should also animate ... More


Why Care What the Constitution Says?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the ... More


 Ronald Reagan: Making America God's Shining City on a Hill

Gary Scott Smith

in Faith and the Presidency: From George Washington to George W. Bush

Published in print:
2006
Published Online:
January 2007
ISBN:
9780195300604
eISBN:
9780199785285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195300604.003.0010
Subject:
Religion, Religion and Society

Ronald Reagan’s religious convictions were crucial to his understanding of the world and performance as president, but few scholars have provided substantive analysis of his faith and its impact on ... More


The Secret Constitution Resurgent

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0010
Subject:
Political Science, American Politics

This chapter examines the role of constitutional amendments in American legal culture. Amendments that have already been approved – such as those that instituted the income tax, the popular election ... More


Election Blues 2000

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0013
Subject:
Political Science, American Politics

In this afterword, the author discusses the events surrounding the 2000 U.S. Presidential election, in which George W. Bush became President based on a Supreme Court ruling that gave him the majority ... More


The Argument for the Secret Constitution

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0001
Subject:
Political Science, American Politics

This chapter argues that the Civil War began with one set of purposes, and ended with another. The original motive for resisting Southern secession was preserving the Union, but the final goal was to ... More


Equality

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0006
Subject:
Political Science, American Politics

This chapter examines the myriad shadings of the concept of equality. The author discusses the origins and philosophical underpinnings of the phrase, “all men are created equal,” Immanuel Kant's ... More


The Revolution That Never Was

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0007
Subject:
Political Science, American Politics

This chapter addresses the problems arising from the clash of old and new ideologies during Reconstruction. Questions of federalism and states’ rights, and of equal protection and citizenship in ... More


Hungary's Pliable Constitution

Istvan Szikinger

in Democratic Consolidation in Eastern Europe Volume 1: Institutional Engineering

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199244089
eISBN:
9780191600364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199244081.003.0015
Subject:
Political Science, Democratization

Describes the process of institutional engineering and the consequences of the absence of a new constitution in Hungary. As a result of the amendments passed by the outgoing communist parliament ... More


The Governor Replaces the Sadar-i-Riyasat

A.G. Noorani

in Article 370: A Constitutional History of Jammu and Kashmir

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198074083
eISBN:
9780199080786
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074083.003.0011
Subject:
Political Science, Indian Politics

This chapter describes how the expressions ‘Sadar-i-Riyasat’ and ‘Prime Minister’ were replaced with the terms ‘Governor’ and ‘Chief Minister’. The first section of this chapter presents the ... More


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