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Full-Text Articles in Law

The Changing Landscape Of Trademark Law In Tinseltown: From Debbie Does Dallas To The Hangover, John Tehranian, Mark Bartholomew Dec 2015

The Changing Landscape Of Trademark Law In Tinseltown: From Debbie Does Dallas To The Hangover, John Tehranian, Mark Bartholomew

Contributions to Books

This Essay, a chapter published in the book Hollywood and the Law (Palgrave Macmillan / British Film Institute, 2015), explores how courts have sought to balance the competing interests at stake when filmmakers make unauthorized uses of trademarks in their work and brand owners threaten liability for infringement. Using the seminal Rogers v. Grimaldi decision as a key pivot point, the Essay traces the remarkable change in approaches that courts have taken to First Amendment defenses in trademark cases in the past few decades. In presenting case studies of two opinions -- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. …


Personal Responsibility For Systemic Inequality, Martha T. Mccluskey Nov 2015

Personal Responsibility For Systemic Inequality, Martha T. Mccluskey

Contributions to Books

Published as Chapter 15 in Research Handbook on Political Economy and Law, Ugo Mattei & John D. Haskell, eds.

Equality has faded as a guiding ideal for legal theory and policy. An updated message of personal responsibility has helped rationalize economic policies fostering increased inequality and insecurity. In this revised message, economic “losers” should take personal responsibility not only for the harmful effects of their individual economic decisions, but also for the harmful effects of systemic failures beyond their individual control or action. In response to the 2008 financial crisis, this re-tooled message of personal responsibility promoted mass austerity in …


Is The Puerto Rican Parrot Worth Saving? The Biopolitics Of Endangerment And Grievability, Irus Braverman Apr 2015

Is The Puerto Rican Parrot Worth Saving? The Biopolitics Of Endangerment And Grievability, Irus Braverman

Contributions to Books

Published as Chapter 5 in Economies of Death: Economic Logics of Killable Life and Grievable Death, Patricia J. Lopez & Kathryn A. Gillespie, eds.

“Is the Puerto Rican Worth Saving? The Biopolitics of Endangerment and Grievability” describes how threatened species lists elevate listed nonhuman species from the realm of biological life into that of a political life that is both worth saving and worth grieving. The chapter provides a novel perspective on the biopolitics of lists that highlights both their affirmative properties and their acute relevance for understanding the governance of entire nonhuman species.


En-Listing Life: Red Is The Color Of Threatened Species Lists, Irus Braverman Jan 2015

En-Listing Life: Red Is The Color Of Threatened Species Lists, Irus Braverman

Contributions to Books

Published as Chapter 11 in Critical Animal Geographies: Politics, Intersections and Heirarchies in a Multispecies World, Kathryn Gillespie & Rosemary-Claire Collard, eds.

The idea that every species should be assessed, ranked, and listed according to its projected risk of extinction is now a commonly accepted practice in conservation. Threatened species lists rank species in a linear progression from the least to the most endangered. This chapter explores the biopolitical nature of such lists. It shows how listing threatened species becomes a way to affirm — and justify — that life which is more and most important to save. The chapter …