Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Copyright Act Of 1976 And Prejudgment Interest, Jon M. Powers
The Copyright Act Of 1976 And Prejudgment Interest, Jon M. Powers
Michigan Law Review
This Note argues that prejudgment interest should be presumptively available on damages-plus-profits awards under section 504(b) but should not be available for statutory damages under section 504(c). Part I argues that Supreme Court precedent suggests that the explicit reference to interest found in the Patent Act does not prevent courts from awarding prejudgment interest under the 1976 Copyright Act. Part II asserts that the 1976 Copyright Act's silence regarding prejudgment interest does not represent a congressional choice to exclude this remedy and that, in the face of this silence, the underlying purposes of section 504 should determine the propriety of …
Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci
Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci
Michigan Journal of International Law
Part II of this article analyzes the statutory authority for reparations in the Inter-American system in light of the legislative history of the American Convention's reparations provision and compares that authority with that provided for in the European human rights system. Part III sets forth the Inter-American Court's procedures for determining reparations once State responsibility has been established. Part IV evaluates the parties who may receive reparations. Part V analyzes the types of reparations provided generally under international law and specifically in the Inter-American system. Part VI criticizes the Court's determination to grant only a small share of the reparations …