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Law and Contemporary Problems

1992

Analysis

Articles 1 - 10 of 10

Full-Text Articles in Law

Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman Oct 1992

Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman

Law and Contemporary Problems

The rapid acceleration of transnational investing is occurring in an environment in which emerging markets, and foreign interest in these markets, are exploding. The issues involved with cross-border investment, conflict of laws and the privatization of securities law are examined.


The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman Oct 1992

The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman

Law and Contemporary Problems

It is shown that in shareholder derivative litigation certain features of the Continental civil procedure model can be combined profitably with the more adversarial US model through the medium of a disinterested person.


Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno Oct 1992

Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno

Law and Contemporary Problems

The general theories and legal standards for obtaining personal jurisdiction over a nonresident foreign entity under section 27 of the 1934 Securities Exchange Act are examined. The theories of obtaining jurisdiction over a foreign subsidiary corporation that has a parent present in the US for jurisdictional purposes are used as an example.


Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown Apr 1992

Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown

Law and Contemporary Problems

The remedial schemes involved in intellectual property cases are examined, including preliminary injunction relief, permanent injunctions and monetary remedies.


Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer Apr 1992

Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer

Law and Contemporary Problems

Throughout most of its history, the US has adopted copyright laws independent of the outside world. That changed in 1989 when Congress joined the Berne Convention.


The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre Apr 1992

The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre

Law and Contemporary Problems

Copyright laws require that courts consider at least four factors in determining whether a quotation or close paraphrase of another's unpublished work without permission falls under "fair use." Several cases involving "fairuse" are discussed.


Understanding Fair Use, L. Ray Patterson Apr 1992

Understanding Fair Use, L. Ray Patterson

Law and Contemporary Problems

Prior to creation of the fair use doctrine, an author had a limited right to use another author's copyright. The origin of the fair use doctrine is examined.


At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange Apr 1992

At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange

Law and Contemporary Problems

The future of intellectual property rights is discussed. The emergence of new technologies will free authors from the constraints of publishers, and may lead to the transformation of copyright law.


Copyright, Paul Goldstein Apr 1992

Copyright, Paul Goldstein

Law and Contemporary Problems

The purpose of copyright laws is discussed. Copyright is essentially about protecting the autonomy of authors.


Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps Jan 1992

Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps

Law and Contemporary Problems

The doctrine of self-defense and the retreat rule are discussed. Questions of justification and excuse are explored.