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Articles 91 - 105 of 105
Full-Text Articles in Law
Information Wants To Be Free: Intellectual Property And The Mythologies Of Control, R. Polk Wagner
Information Wants To Be Free: Intellectual Property And The Mythologies Of Control, R. Polk Wagner
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This article challenges a central tenet of the recent criticism of intellectual property rights: the suggestion that the control conferred by such rights is detrimental to the continued flourishing of a public domain of ideas and information. I argue that such theories understate the significance of the intangible nature of information, and thus overlook the contribution that even perfectly controlled intellectual creations make to the public domain. In addition, I show that perfect control of propertized information - an animating assumption in much of the contemporary criticism - is both counterfactual and likely to remain so. These findings suggest that …
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
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No abstract provided.
Meeting By Signals, Playing By Norms: Complementary Accounts Of Non-Legal Cooperation In Institutions, Edward B. Rock, Michael L. Wachter
Meeting By Signals, Playing By Norms: Complementary Accounts Of Non-Legal Cooperation In Institutions, Edward B. Rock, Michael L. Wachter
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No abstract provided.
Minor Distractions: Children, Privacy And E-Commerce, Anita L. Allen
Minor Distractions: Children, Privacy And E-Commerce, Anita L. Allen
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No abstract provided.
Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen
Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen
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No abstract provided.
Copyright And Democracy: A Cautionary Note, Christopher S. Yoo
Copyright And Democracy: A Cautionary Note, Christopher S. Yoo
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Democratic theories of copyright have become quite the rage in recent years. A growing number of commentators have offered their views on the relationship between copyright law and the process of self-governance.' No scholar has been more committed to developing this perspective than Neil Netanel. In an important series of articles, Netanel has pursued a powerful and innovative project that attempts to reexamine copyright through the lens of democratic theory. His core concern is that the concentration of private wealth and power in communications and mass media is creating unprecedented disparities in the ability to be heard. The ""speech hierarchy"" …
The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts
The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts
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No abstract provided.
Coercing Privacy, Anita L. Allen
Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug
Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug
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In Markman v. Westview Instruments, Inc., the Supreme Court held that the interpretation of patent claims is a question of law to be determined by the court rather than a question of fact to be decided by the jury. The Court based its holding on the belief that judges are better suited than juries to address claim interpretation issues and that claim interpretation by the court would result in greater uniformity in the treatment of patents. The Markman decision, however, has confronted the district courts with a host of thorny questions, such as what evidence they may consider in their …
Lying To Protect Privacy, Anita L. Allen
Lying To Protect Privacy, Anita L. Allen
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No abstract provided.
Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen
Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen
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No abstract provided.
Cross-Cultural Commerce In Shakespeare's The Merchant Of Venice, Anita L. Allen, Michael R. Seidl
Cross-Cultural Commerce In Shakespeare's The Merchant Of Venice, Anita L. Allen, Michael R. Seidl
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No abstract provided.
Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower
Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower
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Examines the litigation in Germany surrounding the publication of Klaus Mann's novel Mephisto. Analyzes the concepts of libel and defamation in fictional works and concludes that neither injunctive relief nor damages is appropriate because of the limited risk of injury and the potential for adverse impact on creative expression.
The Power Of Private Facts, Anita L. Allen
The Power Of Private Facts, Anita L. Allen
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No abstract provided.
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton
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No abstract provided.