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Articles 1 - 10 of 10
Full-Text Articles in Law
Aesthetic Nondiscrimination & Fair Use, Brian L. Frye
Aesthetic Nondiscrimination & Fair Use, Brian L. Frye
Law Faculty Scholarly Articles
While courts do not consider the aesthetic value of an element of a work in determining whether it is protected by copyright, they do consider the aesthetic value of the use of a copyrighted element of a work in determining whether that use is a fair use. This asymmetry improperly and inefficiently discriminates in favor of copyright protection and against fair use. Moreover, the fair use “transformativeness” inquiry discriminates against marginalized authors, because courts are less likely to appreciate the aesthetic value of their uses of copyrighted works.
Courts should apply the aesthetic nondiscrimination principle to both copyright and fair …
Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School Of Law
Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
A Robot Walks Into A Room: Google Art Project, The New Aesthetic, And The Accident Of Art, Susan (Su) Ballard
A Robot Walks Into A Room: Google Art Project, The New Aesthetic, And The Accident Of Art, Susan (Su) Ballard
Faculty of Law, Humanities and the Arts - Papers (Archive)
On the 1st February 2011 Google unleashed the Google Art Project, a new way to engage with the major collections of the world’s art galleries. With the Google Art Project came a new way of viewing, not just art but the other objects that inhabit art galleries. Google Art Project depends on a robot looking machine. This aesthetic machine is a different form of digital material that has entered into what have for a long time been quiet still spaces for human, and not machine contemplation. With an equal focus on the spaces between things as much as on the …
An Alternate Functionality Reality, Harold R. Weinberg
An Alternate Functionality Reality, Harold R. Weinberg
Law Faculty Scholarly Articles
Trade dress law does not protect the appearance of a product design feature (e.g., a product's configuration) against unauthorized copying if the feature is functional, but may protect the appearance if the feature is nonfunctional. The functionality doctrine is intended to preserve competition in the market for a product incorporating a design feature that allegedly is protected by trade dress law, and to avoid conflicts between trade dress law and patent law. The Supreme Court last addressed the functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. The Court intended TrafFix to “choke off” anticompetitive trade dress “strike suits.” …
Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott
Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: J. Michael Scott, U.S. Geological Survey, Idaho Cooperative Fish and Wildlife Research Unit, University of Idaho
38 slides
Slides: Rethinking Western Water Law: Whatever Happened To The Public Interest?, Mark Squillace
Slides: Rethinking Western Water Law: Whatever Happened To The Public Interest?, Mark Squillace
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
15 slides
Grutter V. Bollinger, Clarence Thomas, Affirmative Action And The Treachery Of Originalism: "The Sun Don't Shine Here In This Part Of Town", André Douglas Pond Cummings
Grutter V. Bollinger, Clarence Thomas, Affirmative Action And The Treachery Of Originalism: "The Sun Don't Shine Here In This Part Of Town", André Douglas Pond Cummings
Faculty Scholarship
Careful examination of Justice Clarence Thomas's dissenting opinion in the landmark affirmative action case Grutter v. Bollinger is important for a number of reasons: First, as one of the youngest members of the U.S. Supreme Court, Thomas stands a reasonable chance of still being a member of the court in 25 years, the self imposed implosion date (sunset provision) established by Justice O'Connor's majority opinion. No doubt, Thomas relishes the idea of writing the majority opinion that kills affirmative action and racial preferences for good.
Second, much as Justice Harlan's dissenting opinion in Plessy v. Ferguson was used as a …
Moral Nuisances, John C. Nagle
Moral Nuisances, John C. Nagle
Journal Articles
Nuisance law provides a remedy for activities that substantially interfere with the use and enjoyment of one's land. Most nuisance cases today involve environmental pollution or unwanted noises, sights, or smells. Historically, though, nuisance law had a much broader application that regulated brothels, saloons, and gambling parlors - what I call moral nuisances.
I articulate a theory of moral nuisances that applies when (1) a substantial and legally cognizable interference with a landowner's use or enjoyment of his or her land is caused by (2) an action that is regarded as immoral by a reasonable person within the community (3) …
What Can We Learn From Past Reform Efforts, R. Max Peterson
What Can We Learn From Past Reform Efforts, R. Max Peterson
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
7 pages.
Contains footnotes and references.
Answer Of Intervening Defendant, The Navajo Nation, Navajo Nation
Answer Of Intervening Defendant, The Navajo Nation, Navajo Nation
Native American Water Rights Settlement Project
Tribal Claims: Answer of Intervening Defendant, the Navajo Tribe. Parties: Navajo Nation Contents: Answer to Plaintiff’s Complaint, I – Answer to Plaintiff’s Complaint, p.1; II – Affirmative Defenses, p.3; III – Affirmative Claims, p.4; Request for an Order declaring that first, the US holds in trust for the Navajo Nation sufficient water rights to meet the present and future needs of the Navajo people for irrigation, domestic, industrial, aesthetic, recreational, and streamflow maintenance purposes. The Order should find that these rights are sourced in the surface water and the groundwater of the San Juan River system in New Mexico. The …