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Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon Mar 1999

Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon

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Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …

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New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon Mar 1999

New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon

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Here is a ten-page excerpt from! a published piece, followed by some more recent and more random thoughts. Community is not civility. That is, I imagine my ideal community as one where people aren't always sweet to each other; I imagine a community where truth is more important than hurt feelings, and fun is more important than money. I imagine a community of individualists: raucous, iconoclastic. Steve Shiffrin's ROMANCE OF THE FIRST AMENDMENT and Ed Baker's work seems to have the kind of community in mind that I am interested in.

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Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon Jan 1999

Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon

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While it may be premature to expect a full working out of detail, it is surely time enough for some semblance of a unified theory of intellectual property law to have emerged. That it has not is due to some extent to the very evil which the existence of such a theory (or the beginnings of one) would prevent, namely, the errors that opinions are heir to. Recognizing common themes would help to isolate deviations, and thus help to clarify their nature; whether in a given context a deviation is justified could then be discussed on its own merits, wihout …

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Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr. Jan 1999

Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.

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Since 1742, when Lord Hardwicke seemingly equated trademark protection with monopoly in one of the first trademark cases, until the mid- 1950s, concerns that trademarks represented a form of illegitimate monopoly effectively constrained the growth of trademark protection. In the twentieth century, Edward Chamberlain became the leading proponent of the trademark as monopoly view with the publication of his work, The Theory of Monopolistic Competition, in 1933. In his work, Chamberlain argued that a trademark enabled its owner to differentiate her products and then to exclude others from using the differentiating feature. By doing so, trademark protection can effectively …

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The Economics Of Copyright, Robert G. Bone, Wendy J. Gordon Jan 1996

The Economics Of Copyright, Robert G. Bone, Wendy J. Gordon

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Copyright law protects works of creative expression. At its relatively uncontroversial core lie songs, plays, novels, paintings, and other works of aesthetic value. But copyright is not confined solely to aesthetic subject matter; in many countries, it extends to works of fact, such as biographies, maps, and telephone directories, and to works with practical value. For example, one of the most controversial issues in copyright law today is whether and how much copyright should protect computer programs.

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Workshop Draft For Reading The Mind Of The Private Law - 1995, Wendy J. Gordon Apr 1995

Workshop Draft For Reading The Mind Of The Private Law - 1995, Wendy J. Gordon

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Eventually, I hope to produce an article or book called "Reading the Mind of the Private Law." In this project I hope to do three connected things: to simplify the underlying patterns of the common law and associated statutes to make them more comprehensible to newcomers; to provide a more accurately descriptive and more normatively attractive' story' than Posner's notion of value-maximization; and to make sophisticated lawyers' understanding of legal patterns more complete by including an explicit focus on benefits. (Traditional jurisprudence focuses more on harms than on benefits; even the practitioners of economic analysis, which technically speaking should be …

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Letter To J.S.G. Boggs, Wendy J. Gordon Aug 1994

Letter To J.S.G. Boggs, Wendy J. Gordon

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Money originally was just a way of measuring. Cattle at first. When metal: being sure of the weight & purity of the metal. Metal as purchasing power = value as coinage. Bring bullion to the mint: they'd test it, weigh it, and give it back as coins.

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Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon Feb 1994

Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon

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The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.

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Draft Of Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship - 1994, Wendy J. Gordon Feb 1994

Draft Of Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship - 1994, Wendy J. Gordon

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In the great scheme of things, how important are the problems with law reviews? Jim Lindgren's essay is a bit overheated, even for someone playfully enamored of polemic as a literary form. But he does have a point: if law reviews are going to be published, the task should be done better than it is. That does not mean getting rid of student law reviews. Not even for Jim - but it does require patience and further inquiry into the nature of legal scholarship. This essay will have two parts. The first will be a response to James Lindgren. The …

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Letter To Ken Yalowitz, Esq., Wendy J. Gordon Jan 1994

Letter To Ken Yalowitz, Esq., Wendy J. Gordon

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I hope you received the fax I sent with the material by Mark Rose discussing the linkages between paper money and art.

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What's Art Got To Do With It?, Wendy J. Gordon Nov 1993

What's Art Got To Do With It?, Wendy J. Gordon

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I would like to thank the Cardozo LR for their invitation to speak, and all those who have taken the time to discuss this issue w[ith] me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.

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Letter To Ms. Daniel Simon Or Ms. Wendy Beetlestone, Wendy J. Gordon Oct 1993

Letter To Ms. Daniel Simon Or Ms. Wendy Beetlestone, Wendy J. Gordon

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Please disregard the fax I sent you on Saturday. Per my conversation with Wendy, you’ll be receiving a new cleaned-up version of the article on Tuesday for distribution. The draft I sent you Saturday had the file name "B-PARl-6.” Per Wendy's suggestion I'll entitle the file for the draft that you'll get Tuesday, "GORD-FE1.2ND" (meaning 'Gordon - First Editl, second version').

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Letter From Professor Geoffrey P. Miller, Geoffrey P. Miller May 1993

Letter From Professor Geoffrey P. Miller, Geoffrey P. Miller

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The article on blackmail's central case is very good. Given the divergence of views about the nature and purposes of blackmail, focusing on the central case where the competing theories converge is a creative and fruitful intellectual move.

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Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 05-05-1993, Wendy J. Gordon May 1993

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 05-05-1993, Wendy J. Gordon

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Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.

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Letter To Guido Calabresi, Wendy J. Gordon Jan 1993

Letter To Guido Calabresi, Wendy J. Gordon

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As you may recall, I first became seriously entranced by your work when you gave the "Tragic Choices" lectures at Penn.

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Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 1/11/1993, Wendy J. Gordon Jan 1993

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 1/11/1993, Wendy J. Gordon

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Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.

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Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-10-1993, Wendy J. Gordon Jan 1993

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-10-1993, Wendy J. Gordon

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The doctrine of double effect (DDE) and my suggested correlative, the doctrine of single effect (DSE), suggest that no significance should be given to either the lawful nature of the threat or the potentially beneficial side-effects of blackmail. Under DSE, the blackmailer violates deontological constraints if he threatens disclosure in an intent to obtain money or other advantage because, inter alia, were he to have alternative threats available he would threaten anyway. The nature of the threat is outside the intent of the blackmailer in the same way the killing of civilians is outside the intent of the strategic bomber. …

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Truth And Consequences - Draft - 01-07-1993, Wendy J. Gordon Jan 1993

Truth And Consequences - Draft - 01-07-1993, Wendy J. Gordon

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Rather, he seeks to extract something from the victim that is properly the victim's, usually money, or to make the victim do something (e.g., sleep with him) that is ordinarily a behavior that the victim is at liberty not to engage in. The missing "rights" that Murphy seeks are therefore present and fairly uncontroversial: the rights not to have one's goods intentionally taken, or have one's liberty intentionally infringed, without justification. It is irrelevant whether or not it would be proper for the blackmailer to disclose the information, and thus destroy something the victim may value at a price even …

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Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-04-1993, Wendy J. Gordon Jan 1993

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-04-1993, Wendy J. Gordon

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Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.

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Blackmail: Deontology - 1993, Wendy J. Gordon Jan 1993

Blackmail: Deontology - 1993, Wendy J. Gordon

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The basic logic of my deontologic approach is this.

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Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon Jan 1993

Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon

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DDE-type inquiries usually emerge from a particular brand of intuitionistically-applied deontology which one might call a "theory of side-constraints". From the deontologic notion that "persons are ends, not means," philosophers of this stripe have intuited a number of constraints that should constrain moral actors regardless of the cost. The science of side-constraints is obviously inconsistent with theories such as utilitarianism and economic wealth-maximization, where assessing the costs and benefits of an action constitute the primary guide for action. By contrast side-constraint philosophers tell us that one may not kill another person even to save a large number of other persons; …

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Truth And Consequences: The Force Of Blackmail - Outline - 01-02-1993, Wendy J. Gordon Jan 1993

Truth And Consequences: The Force Of Blackmail - Outline - 01-02-1993, Wendy J. Gordon

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This paper: To show what we agree on by explication of the deontologic justification for blackmail prohibitions. In the process· to make the deontologic nature of bmail clearer; to show how the deont & consequentialist approaches agree on the central case; to defend the criminaliz of the central case in liberal (non-libertarian) terms; to provide some tentative observations on the non-central cases

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Handwritten Notes On Blackmail - 1993, Wendy J. Gordon Jan 1993

Handwritten Notes On Blackmail - 1993, Wendy J. Gordon

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No abstract provided.

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Blackmail: Property Right - 1993, Wendy J. Gordon Jan 1993

Blackmail: Property Right - 1993, Wendy J. Gordon

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It is not a paradox. For it to be a paradox, the following would have to be true: that when one is free to do one thing, or not to do it, one is also free to threaten to do it and sell that for money. But threat and sale are not even "lesser included acts" within doing and not doing; they are quite different from doing or not doing.

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Virtual Reality, Appropriation, And Property Rights In Art - Draft Of Bauer Lecture - 1993, Wendy J. Gordon Jan 1993

Virtual Reality, Appropriation, And Property Rights In Art - Draft Of Bauer Lecture - 1993, Wendy J. Gordon

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I would like to thank the Cardozo Law Review for their invitation to speak, and all those who have taken the time to discuss this issue with me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.

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Notes To Commenters Of "Truth And Consequences" - 1993, Wendy J. Gordon Jan 1993

Notes To Commenters Of "Truth And Consequences" - 1993, Wendy J. Gordon

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No abstract provided.

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The Meaningful Concept Of "Harm" - 1993, Wendy J. Gordon Jan 1993

The Meaningful Concept Of "Harm" - 1993, Wendy J. Gordon

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No abstract provided.

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Handwritten Notes On Blackmail - 1993, Wendy J. Gordon Jan 1993

Handwritten Notes On Blackmail - 1993, Wendy J. Gordon

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No abstract provided.

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Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft - 12-31-1992, Wendy J. Gordon Dec 1992

Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft - 12-31-1992, Wendy J. Gordon

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Blackmail law can impact on the belief structures (moralisms) and behaviors of both the potential criminal and the potential victim; it also can affect the conceptual and value structures of lawyers and other societal onlookers. These issues surrounding what one might call the "symbolic" virtues of outlawing the act of blackmail may help to explain why blackmail law seems relatively unconcerned with the well-being of the victim.

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Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft 11-17-1992, Wendy J. Gordon Nov 1992

Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft 11-17-1992, Wendy J. Gordon

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Blackmail law can impact on the belief structures (moralisms) and behaviors of both the potential criminal and the potential victim; it also can affect the conceptual and value structures of lawyers and other societal onlookers. These issues surrounding what one might call the "symbolic" virtues of outlawing the act of blackmail may help to explain why blackmail law seems relatively unconcerned with the well-being of victims who would prefer to pay rather than prosecute their tormenters.

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