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Locking Out Locke: A New Natural Copyright Law, Joseph A. Gerber Apr 2016

Locking Out Locke: A New Natural Copyright Law, Joseph A. Gerber

Fordham Intellectual Property, Media and Entertainment Law Journal

For decades lawyers, professors, philosophers, and law students have been trapped in an endless, two-sided debate regarding the justification for copyright law in the United States. On one side stand the utilitarians, who argue that modern American copyright law amounts to nothing more than positive law2 in the form of an economic incentive for authors to express themselves creatively. Natural law theorists, on the other hand, argue that there is some- thing more substantial behind the current copyright regime—that copyright is not merely a formulation of positive law, but a recogni- tion of philosophical principles of ownership inherent in the …


Time To Retire: Is Lifetime Employment In Japan Still Viable?, Sayuri A. Shimoda Feb 2016

Time To Retire: Is Lifetime Employment In Japan Still Viable?, Sayuri A. Shimoda

Fordham International Law Journal

Given the rich literature regarding lifetime employment, the purpose of this Comment is to provide an overview of the evolution of this system as well as hlight broader policy implications for the Japanese economy and society. Part I will provide background information on lifetime employment including an overview of the main theories that explain the origins of lifetime employment, its relationship to labor laws in Japan, and provide a comparison between employment systems in the United States and Japan. Part II attempts to answer the frequently asked question, “is lifetime employment disappearing?” by considering existing quantitative studies as well as …