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Full-Text Articles in Law

Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten Dec 2010

Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten

Ulf Maunsbach

No abstract provided.


Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach Dec 2010

Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


Promoting Space Ventures By Creating An International Space Ipr Framework, David Irimies Dec 2010

Promoting Space Ventures By Creating An International Space Ipr Framework, David Irimies

David Irimies

No abstract provided.


Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen Powell, Patricia Pérez Dec 2010

Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen Powell, Patricia Pérez

Stephen Joseph Powell

Continuation of the brisk pace of international economic growth with its necessarily increased use of natural resources—often at unsustainable levels—and its higher levels of pollution—often at the cost of citizen health—combine with the rules of the global trading system to threaten human rights to health, to freedom from forced or child labor, to non-discrimination, to a fair wage, to a healthy environment, even to democratic governance and participation in the political process. As a result, in recent years a growing number of economists begrudgingly acknowledge the incontrovertible—although presently dysfunctional—linkage between trade and human rights and the need to integrate these …


Applying Copyright Theory To Secondary Markets: An Analysis Of The Future Of 17 Usc § 109(A) Pursuant To Costco Wholesale Corp. V. Omega S.A., Mark Jansen Dec 2010

Applying Copyright Theory To Secondary Markets: An Analysis Of The Future Of 17 Usc § 109(A) Pursuant To Costco Wholesale Corp. V. Omega S.A., Mark Jansen

Mark Jansen

The U.S. Copyright Act grants copyright owners the exclusive right to distribute their copyrighted works. The first sale doctrine, codified in § 109(a) of the Copyright Act, curtails these distribution rights by exhausting the owner’s exclusive right after the copyrighted item is placed in the stream of commerce. However, it is not clear whether the language used in the Act, “copies made under this title,” is inclusive of copies manufactured aboard or limited to copies manufactured in the United States. Section 109(a) recently came up for interpretation by the Supreme Court in Costco Wholesale Corp. v. Omega S.A.; yet, the …


On Butlers, Architects, And Lawyers: The Professionalism Of "The Remains Of The Day" And Of "The Fountainhead", Susan Daicoff Dec 2010

On Butlers, Architects, And Lawyers: The Professionalism Of "The Remains Of The Day" And Of "The Fountainhead", Susan Daicoff

Susan Daicoff

Several commentators have explored the relationship of a fictional character of the butler, Stevens, in Kazuo Ishiguro’s novel, The Remains of the Day, to the proper professional role of the lawyer, since the novel was published. The professionalism of Stevens is here compared to that of another fictional character, the architect, Roark, in Ayn Rand’s novel, The Fountainhead, as they might be applied in the legal profession. The relationship of empirical research on lawyers’ values, wellbeing, and decisionmaking preferences to these divergent approaches to professionalism is then explored. A diversity of approaches to professional role is proposed as most appropriate, …


Creativity, Improvisation, And Risk: Copyright And Musical Innovation, Olufunmilayo B. Arewa Dec 2010

Creativity, Improvisation, And Risk: Copyright And Musical Innovation, Olufunmilayo B. Arewa

Olufunmilayo B. Arewa

The goals and beneficiaries of copyright frameworks have long been contested in varied contexts. Copyright is often treated as a policy tool that gives creators incentives to create new works. Incentive theories of copyright often emphasize appropriability, which enables copyright owners to ensure that they profit from their copyrighted works by exercising control over uses of, and access to, such works. Although copyright clearly imposes costs in the form of restrictions on access to copyright-protected works and inefficiencies in the form of deadweight loss, the benefits of copyright are thought by many to outweigh the costs. Copyright discussions may at …


The Implications Of A Jeopardy! Computer Named Watson: Beating Corporate Boards Of Directors At Fiduciary Duties?, Roger M. Groves Dec 2010

The Implications Of A Jeopardy! Computer Named Watson: Beating Corporate Boards Of Directors At Fiduciary Duties?, Roger M. Groves

Roger M. Groves

Millions of documents, including five million messages, termed electronically stored information (“ESI”) from the Enron litigation have provided an opportunity for software developers to create software that analyzes ESI for behaviors of computer users in more provocative and innovative ways than previously encountered. The law is struggling to clarify e-discovery rules, but the ambiguities provide an opportunity for counsel to manipulate or take advantage of forensic investigations. In this article, the author examines the potential exploitation of e-discovery forensic tools by shareholders of a corporation that suspect a breach of fiduciary duties by members of the board of directors.


Social Media Policies For Professional Communicators, Daxton R. Stewart Dec 2010

Social Media Policies For Professional Communicators, Daxton R. Stewart

Daxton "Chip" Stewart

As social media tools such as Facebook, Twitter and YouTube have become increasingly prevalent ways for people to share and connect, professional communicators have increasingly incorporated these tools into their daily practice. However, journalism, advertising and public relations practitioners have little formal guidance to help them navigate the benefits and risks of using these tools professionally. The codes of ethics of their professional fields have not been updated, and to date, social media policies have not been examined from an academic perspective. This study reviews 26 social media policies of journalism and strategic communication companies to find common themes and …


The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau Dec 2010

The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau

Andrew Beckerman Rodau

This article examines the expansion of the subject matter that can be protected under intellectual property law. Intellectual property law has developed legal rules that carefully balance competing interests. The goal has long been to provide enough legal protection to maximize incentives to engage in creative and innovative activities while also providing rules and doctrines that minimize the effect on the commercial marketplace and minimize interference with the free flow of ideas generally. The expansive view of subject matter protectable via intellectual property law has erased the clear delineation between patent, copyright, and trademark law. This has led to overprotection …


New Business Models For Music, Henry H. Perritt Jr. Dec 2010

New Business Models For Music, Henry H. Perritt Jr.

Henry H. Perritt, Jr.

The popular music industry is in the middle of a technology-driven revolution. It is clear that the old order has been swept away, but it is not yet clear what form the “new order” will take. The major labels are on life support and will not survive in anything like their previous form. Compact Discs are dead as a distribution medium. Copyright is unenforceable and hence essentially irrelevant except at the margins of the “new order.” Barriers to entry have been reduced dramatically as the costs of producing top-quality recordings have declined by a couple of orders of magnitude. Portable …