Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 42 of 42

Full-Text Articles in Law

Who Owns Your Body Art?: The Copyright And Constitutional Implications Of Tattoos, Meredith Hatic Jan 2013

Who Owns Your Body Art?: The Copyright And Constitutional Implications Of Tattoos, Meredith Hatic

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Great Invisible Crashing: The Rise And Fall Of Patent Eligibility Through Mayo V. Prometheus, Scott Pierce Jan 2013

A Great Invisible Crashing: The Rise And Fall Of Patent Eligibility Through Mayo V. Prometheus, Scott Pierce

Fordham Intellectual Property, Media and Entertainment Law Journal

Title 35 of the United States Code at Section 101 states that “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” Despite the apparent simplicity of the statute and its predecessors, the boundaries of patent eligibility dictated by the term “process” and the term “art” that it replaced, along with the terms “machine,” “manufacture” and “composition of matter,” have become increasingly uncertain over the course of the last two-hundred years. Recently, the lack …


Introduction: A Look At Twenty Years Of Ip Protection And What The Future Holds, Hugh C. Hansen Jan 2013

Introduction: A Look At Twenty Years Of Ip Protection And What The Future Holds, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas Jan 2013

I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fda Puffery: Smoking Out The Constitutionality Of Graphic Cigarette Warning Labels, Israel Klein Jan 2013

Fda Puffery: Smoking Out The Constitutionality Of Graphic Cigarette Warning Labels, Israel Klein

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich Jan 2013

Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich

Faculty Scholarship

The very definition and scope of CLS (critical legal studies) is itself subject to debate. Some scholars characterize CLS as scholarship that employs a particular methodology—more of a “means” than an “end.” On the other hand, some scholars contend that CLS scholarship demonstrates a collective commitment to a political end goal—an emancipation of sorts —through the identification of, and resistance to, exploitative power structures that are reinforced through law and legal institutions. After a brief golden age, CLS scholarship was infamously marginalized in legal academia and its sub-disciplines. But CLS themes now appear to be making a resurgence—at least in …


Trademark Cosmopolitanism, Sonia K. Katyal Jan 2013

Trademark Cosmopolitanism, Sonia K. Katyal

Faculty Scholarship

The world of global trademarks can be characterized in terms of three major shifts: first, a shift from national to global branding strategies; second, a shift from national and regional systems to harmonized international regimes governing trademark law; and third, a concurrent shift from local to transnational social movements that challenge branding and other corporate practices. The rise of transnational brands brings with it an attendant series of legal shifts in trademark law. Long considered the stepchild of intellectual property law, today, trademark law has morphed into a powerful global legal phenomenon, revealing a foundational shift from national and regional …


Critical Legal Studies In Intellectual Property And Information Law Scholarship, (Symposium), Sonia K. Katyal, Peter Goodrich, Rebecca L. Tushnet Jan 2013

Critical Legal Studies In Intellectual Property And Information Law Scholarship, (Symposium), Sonia K. Katyal, Peter Goodrich, Rebecca L. Tushnet

Faculty Scholarship

No abstract provided.


The Impact Of Next Generation Television On Consumers And The First Amendment, Rob Frieden Jan 2013

The Impact Of Next Generation Television On Consumers And The First Amendment, Rob Frieden

Fordham Intellectual Property, Media and Entertainment Law Journal

Consumers have access to an ever increasing inventory of video content choices as a result of technological innovations, more readily available broadband, new business plans, inexpensive high capacity storage and the Internet’s ability to serve as a single medium for a variety of previously standalone services delivered via different channels. They increasingly have little tolerance for “appointment television” that limits access to a particular time, channel and device. Access to video content is becoming a matter of using one of several software-configured interfaces capable of delivering live and recorded content anytime, anywhere, to any device and via many different transmission …


Then, You Had It, Now It’S Gone: Interspousal Or Community Property Transfer And Termination Of An Illusory Ephemeral State Law Right Or Interest In Copyright, Llewellyn Joseph Gibbons Jan 2013

Then, You Had It, Now It’S Gone: Interspousal Or Community Property Transfer And Termination Of An Illusory Ephemeral State Law Right Or Interest In Copyright, Llewellyn Joseph Gibbons

Fordham Intellectual Property, Media and Entertainment Law Journal

Often in the case of a marriage where one partner is a creative spouse, the primary marital asset is a body of copyrighted works. In 2013, author-spouses entered the period when they may begin to terminate any putative copyright transfer to the community property estate or terminate other transfers that may be the basis for prenuptial or postnuptial agreements, property settlements, or dissolution decrees in divorce actions. Section 203 of the 1976 Copyright Act provides that an author may unilaterally terminate a transfer of copyright approximately thirty-five years after the initial transfer. In community property states, state law assumes that …


Rethinking Innovation And Productivity Within The Workplace Amidst Economic Uncertainty, Shlomit Yanisky Ravid Jan 2013

Rethinking Innovation And Productivity Within The Workplace Amidst Economic Uncertainty, Shlomit Yanisky Ravid

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Much Ado About Nexus: The States Struggle To Impose Sales Tax Obligations On Out-Of-State Sellers Engaged In E-Commerce, Sara Shoenfeld Jan 2013

Much Ado About Nexus: The States Struggle To Impose Sales Tax Obligations On Out-Of-State Sellers Engaged In E-Commerce, Sara Shoenfeld

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.