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Full-Text Articles in Law
Sylvanna Gross ’23: Reflections On The Fall 2020 Semester, Sylvanna Gross
Sylvanna Gross ’23: Reflections On The Fall 2020 Semester, Sylvanna Gross
Law School Personal Reflections on COVID-19
No abstract provided.
Candidate Privacy, Rebecca Green
Candidate Privacy, Rebecca Green
Faculty Publications
In the United States, we have long accepted that candidates for public office who have voluntarily stepped into the public eye sacrifice claims to privacy. This refrain is rooted deep within the American enterprise, emanating from the Framers' concept of the informed citizen as a bedrock of democracy. Voters must have full information about candidates to make their choices at the ballot box. Even as privacy rights for ordinary citizens have expanded, privacy theorists and courts continue to exempt candidates from privacy protections. This Article suggests that two disruptions warrant revisiting the privacy interests of candidates. The first is a …
Knowing How To Know: Secondary Liability For Speech In Copyright Law, Laura A. Heymann
Knowing How To Know: Secondary Liability For Speech In Copyright Law, Laura A. Heymann
Faculty Publications
Contributory copyright infringement has long been based on whether the defendant, "with knowledge of the infringing activity," induced, caused, or materially contributed to another's infringing conduct. But few court opinions or scholarly articles have given due consideration to what it means to "know" of someone else's infringing conduct, particularly when the unlawfulness at issue cannot truly exist until a legal judgment occurs. How can one "know," in other words, that a court or jury will deem a particular use infringement rather than de minimis or fair use? At best, contributory defendants engage in a predictive exercise--in some cases, a more …