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Conclusion

Michael A. Carrier

in Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195342581
eISBN:
9780199867035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342581.003.0016
Subject:
Law, Intellectual Property, IT, and Media Law

This concluding chapter synthesizes the benefits of treating the IP and antitrust laws together in seeking to foster innovation. It recounts the wide swath of the economy and expanse of cutting-edge ... More


DER and remaining considerations

T. A. Cavanaugh

in Double-Effect Reasoning: Doing Good and Avoiding Evil

Published in print:
2006
Published Online:
September 2006
ISBN:
9780199272198
eISBN:
9780191604157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199272190.003.0005
Subject:
Religion, Philosophy of Religion

This chapter considers a number of remaining questions following the arguments of the previous chapters: Does one owe reparations for causing foreseen harm? How (considering cases Quinn proposes) ... More


Redemption Under Law

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:
10.1093/0195156285.003.0002
Subject:
Political Science, American Politics

This chapter discusses the influence of religious ideas on legal values and experience, citing examples from religious law (especially Jewish law and the Talmud), the French civil code, and the ... More


The Final Decision

Alan M. Dershowitz

in Supreme Injustice: How the High Court Hijacked Election 2000

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.003.0003
Subject:
Political Science, American Politics

Gives an account of the final decision of the US Supreme Court on the Florida vote in the (Bush vs Gore) US presidential election of 2000. Includes discussion of the deliberations and decisions of ... More


Constitutional Interpretation: What's Wrong With ‘Original Intent’?

Terence Ball

in Reappraising Political Theory: Revisionist Studies in the History of Political Thought

Published in print:
1994
Published Online:
November 2003
ISBN:
9780198279952
eISBN:
9780191598753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198279957.003.0011
Subject:
Political Science, Political Theory

This chapter takes a fresh look at the interpretive strategy of `originalism’ or `original intent’ and shows that this strategy is defective for a number of heretofore unsuspected reasons. Chief ... More


Intentions and Mens Rea

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0011
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

No one just intends – they intend that something be the case. Intentions take objects, they have content, they exhibit Intentionality. This fact about the psychology of intentions becomes important ... More


Fault Elements

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the personal fault elements comprising the mens rea of genocide. It discusses the crime's unique specific intent requirements and analyses the discriminatory targeting of ... More


Constitutional Interpretation: An Originalism for Nonoriginalists

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/9780691159737.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the Constitution must be interpreted according to its original meaning. This method of interpretation is commonly known as “originalism,” which is often seen as following ... More


Prima Facie Moral Culpability

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0009
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

Overall blameworthiness is seen as a function of two moral properties, wrongdoing and culpability. This chapter and the four next succeeding all deal with culpability. Prima facie moral culpability ... More


Intentional and Economic Torts

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0024
Subject:
Law, Legal History

Traditional tort doctrine taught that a person who intentionally performed an unlawful act which harmed another was liable for the damage suffered. In the second half of the 19th century, judges and ... More


Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

E. Allan Farnsworth

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.001.0001
Subject:
Law, Law of Obligations

This book examines the legal issues that arise when we seek to avoid the untoward consequences of an action by claiming that our perception was flawed. We all make mistakes: we might overpay a debt, ... More


What Did They Fight, and Bargain, For?

John A. Ragosta

in Wellspring of Liberty: How Virginia's Religious Dissenters Helped Win the American Revolution and Secured Religious Liberty

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195388060
eISBN:
9780199866779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388060.003.0007
Subject:
History, American History: early to 18th Century

Given dissenters' central role in Virginia's adoption of religious liberty, their understanding of the meaning of religious freedom takes on particular importance. Virginia's evangelical dissenters, ... More


Epilogue

John A. Ragosta

in Wellspring of Liberty: How Virginia's Religious Dissenters Helped Win the American Revolution and Secured Religious Liberty

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195388060
eISBN:
9780199866779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388060.003.0008
Subject:
History, American History: early to 18th Century

Virginia's history of religious persecution and religious freedom played a central role in adoption of the First Amendment to the Constitution and the subsequent evolution of American religious ... More


Suspiciousness of Experimenter's Intent

William J. McGuire

in Artifacts in Behavioral Research: Robert Rosenthal and Ralph L. Rosnow's Classic Books

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195385540
eISBN:
9780199869824
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195385540.003.0002
Subject:
Psychology, Social Psychology

Three stages in the life of an artifact are (a) ignorance of its existence, (b) coping with the artifact, and (c) exploiting it for what it can tell us about human behavior. This chapter focuses on ... More


Correctively Unjust Enrichment

Ernest J Weinrib

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0002
Subject:
Law, Law of Obligations, Philosophy of Law

Unjust enrichment, understood as a defective transfer of value, gives rise to liability that instantiates corrective justice. As a characteristic of things of value (whether of objects or of labour), ... More


Infighting in the Hair Care Products Industry

Roger W. Shuy

in The Language of Defamation Cases

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195391329
eISBN:
9780199866274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195391329.003.0011
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter deals with a videotaped speech given by the head of a large hair care products company. One person in the audience sued the speaker for defamatory statements he made in that speech and ... More


Normative Twist and Antinomy

Alexander Somek

in Engineering Equality: An Essay on European Anti-Discrimination Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199693375
eISBN:
9780191729737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693375.003.0006
Subject:
Law, Philosophy of Law, EU Law

Systemic discrimination is the core concern of anti-discrimination law. Surprisingly, even direct discrimination can be understood to be a special case of indirect discrimination. In most instances, ... More


Reading The Eve of St. Agnes: The Multiples of Complex Literary Transaction

Jack Stillinger

Published in print:
1999
Published Online:
October 2011
ISBN:
9780195130225
eISBN:
9780199855209
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195130225.001.0001
Subject:
Literature, 19th-century Literature and Romanticism

Using the 180-year history of Keats’s “Eve of St. Agnes” as a basis for theorizing about the reading process, this book explores the nature and whereabouts of “meaning” in complex works. A proponent ... More


The Prophetic Stance

Thomas McFarland

in William Wordsworth: Intensity and Achievement

Published in print:
1992
Published Online:
October 2011
ISBN:
9780198112532
eISBN:
9780191670800
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198112532.003.0006
Subject:
Literature, 19th-century Literature and Romanticism

This chapter discusses Wordsworth and his stance as a prophet, despite futurity not being in the direction of his deepest poetic intuition. This prophetic stance rather than the stance of the artist ... More


Understanding and Defining Mobbing

Maureen Duffy and Len Sperry

in Mobbing: Causes, Consequences, and Solutions

Published in print:
2012
Published Online:
May 2012
ISBN:
9780195380019
eISBN:
9780199932764
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195380019.003.0003
Subject:
Psychology, Social Psychology

This chapter provides comprehensive definitions for both school mobbing and workplace mobbing and distinguishes “mobbing” from the more commonly used term “bullying.” A conceptual framework for ... More


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