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Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden Mar 2013

Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden

William & Mary Law Review

This Article critically examines the interrelationship between substantive copyright protections and the remedies available for infringement. Drawing from constitutional remedies scholarship and poststructural theories of performativity, it argues that a court’s awareness of the likely remedy award in a particular dispute —combined with its normative view of how future actors should address similar disputes—“reaches back” and shapes the determination of the parties’ respective rights.

Copyright scholars have long sought to limit the availability of injunctive relief, and several recent court decisions have adopted this reform. For example, in Salinger v. Colting the Second Circuit vacated a preliminary injunction against a …


Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland Nov 2009

Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland

William & Mary Law Review

No abstract provided.


Distinguishing Lost Profits From Reasonable Royalties, Mark A. Lemley Nov 2009

Distinguishing Lost Profits From Reasonable Royalties, Mark A. Lemley

William & Mary Law Review

No abstract provided.


Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass Apr 2009

Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass

William & Mary Law Review

This Article considers the broad range of "tort experiments" states have undertaken in recent years, as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, while states have limited tort rights and remedies in the products liability and personal injury areas in recent years, they have at the same time increased tort rights and remedies to address new societal problems associated with privacy, publicity, consumer protection, and environmental harm. At the same time, however, Congress has eliminated state tort law entirely in targeted areas without replacing it with corresponding federal remedies. The Supreme …


Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham Dec 2007

Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham

William & Mary Law Review

No abstract provided.


Contract As A Transfer Of Ownership, Peter Benson Apr 2007

Contract As A Transfer Of Ownership, Peter Benson

William & Mary Law Review

No abstract provided.


As If It Had Never Happened, Arthur Ripstein Apr 2007

As If It Had Never Happened, Arthur Ripstein

William & Mary Law Review

No abstract provided.


Statutory Inflation And Institutional Choice, Lawrence M. Solan Apr 2003

Statutory Inflation And Institutional Choice, Lawrence M. Solan

William & Mary Law Review

No abstract provided.


Drowning In A Sea Of Contract: Application Of The Economic Loss Rule To Fraud And Negligent Misrepresentation Claims, R. Joseph Barton May 2000

Drowning In A Sea Of Contract: Application Of The Economic Loss Rule To Fraud And Negligent Misrepresentation Claims, R. Joseph Barton

William & Mary Law Review

No abstract provided.


Admiralty And Federalism In The Wake Of Yamaha Motor Corp., Usa V. Calhoun: Is Yamaha A Cry By The Judiciary For Legislative Action In State Territorial Waters?, David R. Lapp Feb 2000

Admiralty And Federalism In The Wake Of Yamaha Motor Corp., Usa V. Calhoun: Is Yamaha A Cry By The Judiciary For Legislative Action In State Territorial Waters?, David R. Lapp

William & Mary Law Review

No abstract provided.


A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen Dec 1999

A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen

William & Mary Law Review

No abstract provided.


The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna May 1998

The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna

William & Mary Law Review

No abstract provided.


Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson May 1997

Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson

William & Mary Law Review

No abstract provided.


Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah Apr 1996

Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah

William & Mary Law Review

No abstract provided.


The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas Feb 1995

The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas

William & Mary Law Review

No abstract provided.


Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch May 1994

Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch

William & Mary Law Review

No abstract provided.


Reconsidering Efficient Tort Rules For Personal Injury: The Case Of Single Activity Accidents, Jennifer H. Arlen Oct 1990

Reconsidering Efficient Tort Rules For Personal Injury: The Case Of Single Activity Accidents, Jennifer H. Arlen

William & Mary Law Review

No abstract provided.


Laying Hands On Religious Racketeers: Applying Civil Rico To Fraudulent Religious Solicitation, Jonathan Turley Apr 1988

Laying Hands On Religious Racketeers: Applying Civil Rico To Fraudulent Religious Solicitation, Jonathan Turley

William & Mary Law Review

No abstract provided.


Civil Rico And Parens Patriae: Lowering Litigation Barriers Through State Intervention, Beth S. Schipper Apr 1983

Civil Rico And Parens Patriae: Lowering Litigation Barriers Through State Intervention, Beth S. Schipper

William & Mary Law Review

No abstract provided.


Standing Of The Terminated Employee Under Section 4 Of The Clayton Act, Stephen J. Horvath Iii Feb 1983

Standing Of The Terminated Employee Under Section 4 Of The Clayton Act, Stephen J. Horvath Iii

William & Mary Law Review

No abstract provided.


Wrongful Life: A Modern Claim Which Conforms To The Traditional Tort Framework, Richard E. Wolff Oct 1978

Wrongful Life: A Modern Claim Which Conforms To The Traditional Tort Framework, Richard E. Wolff

William & Mary Law Review

No abstract provided.


Binding Interest Arbitration In The Public Sector: Is It Constitutional? May 1977

Binding Interest Arbitration In The Public Sector: Is It Constitutional?

William & Mary Law Review

No abstract provided.


Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982 Mar 1976

Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982

William & Mary Law Review

No abstract provided.


Body Attachment And Body Execution: Forgotten But Not Gone Mar 1976

Body Attachment And Body Execution: Forgotten But Not Gone

William & Mary Law Review

No abstract provided.


Fair Employment Forums After Alexander V. Gardner-Denver Co.: Separate And Unequal, William J. Isaacson, William C. Zifchak Mar 1975

Fair Employment Forums After Alexander V. Gardner-Denver Co.: Separate And Unequal, William J. Isaacson, William C. Zifchak

William & Mary Law Review

No abstract provided.


Equal Employment Opportunity Commission Procedural Regulations: An Evaluation By The Practicing Bar, Donald Elisburg Mar 1975

Equal Employment Opportunity Commission Procedural Regulations: An Evaluation By The Practicing Bar, Donald Elisburg

William & Mary Law Review

No abstract provided.


The Use Of Numerical Quotas To Achieve Integration In Employment, George P. Sape Mar 1975

The Use Of Numerical Quotas To Achieve Integration In Employment, George P. Sape

William & Mary Law Review

No abstract provided.


Title Vii Of The Civil Rights Act: A Review Of Significant Recent Decisions, Robert A. Levitt Mar 1975

Title Vii Of The Civil Rights Act: A Review Of Significant Recent Decisions, Robert A. Levitt

William & Mary Law Review

No abstract provided.


Title Vii Class Actions: The "Recovery Stage", Thomas H. Barnard Mar 1975

Title Vii Class Actions: The "Recovery Stage", Thomas H. Barnard

William & Mary Law Review

No abstract provided.


Section 8(B)(1)(B) As A Bar To The Persuit Of Self-Help Remedies By Supervisors - Sometimes Oct 1974

Section 8(B)(1)(B) As A Bar To The Persuit Of Self-Help Remedies By Supervisors - Sometimes

William & Mary Law Review

No abstract provided.