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Articles 1 - 30 of 39
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Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden
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
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
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
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
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
Contract As A Transfer Of Ownership, Peter Benson
William & Mary Law Review
No abstract provided.
As If It Had Never Happened, Arthur Ripstein
As If It Had Never Happened, Arthur Ripstein
William & Mary Law Review
No abstract provided.
Statutory Inflation And Institutional Choice, Lawrence M. Solan
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
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
William & Mary Law Review
No abstract provided.
A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen
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
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
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
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
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
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
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
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
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
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
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?
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
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
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
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
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
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
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
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
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.