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Articles 1 - 10 of 10
Full-Text Articles in Law
Draft Of Fair Use In Oracle: Proximate Cause At The Copyright/Patent Divide - 2019, Wendy J. Gordon
Draft Of Fair Use In Oracle: Proximate Cause At The Copyright/Patent Divide - 2019, Wendy J. Gordon
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This Paper was presented at the conference, "A Celebration of the Work of Wendy Gordon," at Boston University school of law on June 14, 2019. In presented an earlier draft under the title, Transformative Use, Proximate Cause, and Copyright, at the University of Texas at Austin on March 23, 2017. Under the title, Inegrating Judge Legal's Theory of Fair Use into on Economic View of Copyright Law: From "proximate Cause" to "Transormative Use," the paper was also presented at the March, 2016, "Conference on IP and Private Law," held at Harvard Law School. I am grateful to …
Workshop Draft For Reading The Mind Of The Private Law - 1995, Wendy J. Gordon
Workshop Draft For Reading The Mind Of The Private Law - 1995, Wendy J. Gordon
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Eventually, I hope to produce an article or book called "Reading the Mind of the Private Law." In this project I hope to do three connected things: to simplify the underlying patterns of the common law and associated statutes to make them more comprehensible to newcomers; to provide a more accurately descriptive and more normatively attractive' story' than Posner's notion of value-maximization; and to make sophisticated lawyers' understanding of legal patterns more complete by including an explicit focus on benefits. (Traditional jurisprudence focuses more on harms than on benefits; even the practitioners of economic analysis, which technically speaking should be …
Draft Of From Privacy To Publicity - 1991, Wendy J. Gordon
Draft Of From Privacy To Publicity - 1991, Wendy J. Gordon
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In defense of a "right 'to be let alone'", Warren and Brandeis published their landmark article, The Right to Privacy, approximately one hundred years ago. Over seventy years later, the American Law Institute endorsed a tort right in defense of privacy, and also included in its section on privacy rights a cause of action to redress "appropriation" of one's "name or likeness". Since then courts have used various bases to grant celebrities rights to protect their commercial identities from commercial exploitation by others. Although most states now recognize a right of publicity either by judicial decision or statute, the cause …
Draft Of Justice Rehnquist's Commitment To The Court And Its Implications - 1986, Wendy J. Gordon
Draft Of Justice Rehnquist's Commitment To The Court And Its Implications - 1986, Wendy J. Gordon
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This Article will analyze the course to which Rehnquist seems to have committed the court, and examine its implications. Rehnquist starts with a notion of deliberateness (a federal concept that he draws out of the notion of deprivation) On its face, this seems to call for a new federal common law of torts.
Draft Of The Constitutionalization Of Intentional Torts - 1986, Wendy J. Gordon
Draft Of The Constitutionalization Of Intentional Torts - 1986, Wendy J. Gordon
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The Supreme Court has often faced the question of whether an individual who alleges that he has been injured by a state or local official or by a local governmental entity, can bring a constitutional tort action under section 1983 when state doctrines of sovereign or official immunity would make it impossible for the individual to prosecute an ordinary tort suit in the relevant state court. The Court has consistently held that when an official violates a substantive provision of the Constitution, only an immunity that is consistent with the purpose of section 1983 and the Consitution can be tolerated.
Draft Of The Intent In Private Tort Law - 1986, Wendy J. Gordon
Draft Of The Intent In Private Tort Law - 1986, Wendy J. Gordon
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These points can be best understood by bifurcating "intent" into its two components: state of mind (advertence) and the object to which the defendant's state of mind is directed.
Draft Of The Incoherence Of Intentional Torts And Section 1983 - 1986, Wendy J. Gordon
Draft Of The Incoherence Of Intentional Torts And Section 1983 - 1986, Wendy J. Gordon
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The Supreme Court has often faced the question of whether a person who alleges that a state or local official has caused him injury, can bring a constitutional tort action under section 1983 when the state doctrine of sovereign or official immunity makes it impossible for the injured person to prosecute an ordinary tort suit in the relevant state court.
Lecture Material For Advanced Torts - 1986, Wendy J. Gordon
Lecture Material For Advanced Torts - 1986, Wendy J. Gordon
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This assumes. of course, the defendant wants a speedy trial and is not intentionally hindering the Government's attempt to provide one. That assumption may be open to question in this case. The majority points out that respondents' strategically timed demands (or a speedy trial run somewhat hollow in light of respondents; overall behavior during the litigation.
Notes On Entitlement Systems - 1985, Wendy J. Gordon
Notes On Entitlement Systems - 1985, Wendy J. Gordon
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If one does harm without a privilege in our system, one pays. Our tort system suggests there is a general entitlement to the status quo, enforceable only against certain actors.
An Inquiry Into The Merits Of Copyright - Notes On Property Parallels, Dukeminier/Krier Book, Among Other Things - 1985, Wendy J. Gordon
An Inquiry Into The Merits Of Copyright - Notes On Property Parallels, Dukeminier/Krier Book, Among Other Things - 1985, Wendy J. Gordon
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These are notes re thoughts sparked by reading Dukeminier & Krier, PROPERTY (little Brown 1981) and their TEACHERS MANUAL FOR PROPERTY (Little Brown 1981). What I may be doing is beginning a unified i/p. One part of that doctrine may be parallel ordinary Property, like so: HYPOTHESIS - The role played in ordinary property law by "possession" [,1] may be played in i/p law by "use. This can be very important.