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If The Text Is Clear—Lexical Ordering In Statutory Interpretation, Adam M. Samaha
If The Text Is Clear—Lexical Ordering In Statutory Interpretation, Adam M. Samaha
Notre Dame Law Review
Most courts now endorse lexical ordering for statutory cases. That is, a limited set of top-tier sources, if adequately clear, are supposed to establish statutory meaning. Lower-tier sources are held in reserve for close calls. Examples include legislative history and deference to agency positions, which often are demoted into tiebreaking roles. In fact, some such hierarchy of sources is approved by working majorities at the U.S. Supreme Court and more than forty state supreme courts. Although popular today, lexically ordered interpretation has risen and fallen before. Indeed, we should pause to reconsider whether these instructions are justified and whether judges …
Rejecting The De Minimis Defense To Infringement Of Sound Recording Copyrights, Michael G. Kubik
Rejecting The De Minimis Defense To Infringement Of Sound Recording Copyrights, Michael G. Kubik
Notre Dame Law Review
Part I of this Note examines the history of sound recording copyrights, the role of digital sampling in the music industry, and the basic principles and functions of the de minimis defense. Part II carefully dissects the Bridgeport and VMG opinions. Part III then considers the merits of each opinion and concludes that Bridgeport reached the correct conclusion. This argument rests on the statutory scheme of Title 17 of the U.S. Code and the plain text of its applicable provisions, bolstered by their legislative history, giving life to a unique statutory creature that thrives in a manner inconsistent with traditional …