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Full-Text Articles in Law

Copyright’S Capacity Gap, Andrew Gilden, Eva E. Subotnik Jan 2023

Copyright’S Capacity Gap, Andrew Gilden, Eva E. Subotnik

Faculty Publications

Most areas of law require that individuals meet a certain threshold of capacity before their decisions — e.g., to marry, to enter into a contract, or to execute an estate plan — are given legal effect. Copyright law, by contrast, gives legal effect to creative decisions by granting the decisionmaker many decades of exclusive rights so long as they are a human being and have demonstrated a “creative spark.” This Article examines the overlooked consequences of this gap in capacity standards between copyright and other areas of law. It shows that this gap has produced numerous opportunities for vulnerable creators …


Opening The Floodgates: Does Statutory Expansion Make Potential Conservatees More Vulnerable Jan 2015

Opening The Floodgates: Does Statutory Expansion Make Potential Conservatees More Vulnerable

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Napoleon Bonaparte is quoted as saying: "Nothing is more difficult, and therefore more precious, than to be able to decide." The quest for independence and the right to call your own shots can be lost at the drop of the gavel. In 2011, the baby boomer generation totaled over 41 million men and women, of which three million celebrated his or her 65th birthday that year. With this increase in the elder population, there has been an increased trend in finding solutions to provide for this population to the point where "[s]ocial services are being pushed to the breaking …


The Digital Death Conundrum: How Federal And State Laws Prevent Fiduciaries From Managing Digital Property, Christina L. Kunz, Damien A. Riehl, James D. Lamm, Peter J. Rademacher Jan 2014

The Digital Death Conundrum: How Federal And State Laws Prevent Fiduciaries From Managing Digital Property, Christina L. Kunz, Damien A. Riehl, James D. Lamm, Peter J. Rademacher

Faculty Scholarship

This article discusses four types of fiduciaries, each of which is affected by the vast growth in and the need to manage digital property. The article begins by defining digital property and discussing why it must be managed. The article then discusses how digital property affects powers of attorney, conservatorships, probate administration, and trusts. After illustrating the problems that digital property creates for each fiduciary, the article shifts to resolving these problems. It begins by debunking purported solutions by both private and governmental entities. It concludes by offering a holistic approach to resolving the conflicts facing account holders, fiduciaries, and …


Adult Guardianship In Georgia: Are The Rights Of Proposed Wards Being Protected? Can We Tell?, Eleanor Crosby Lanier Jan 2003

Adult Guardianship In Georgia: Are The Rights Of Proposed Wards Being Protected? Can We Tell?, Eleanor Crosby Lanier

Scholarly Works

National scrutiny of guardianship policies and practice by scholars and legal, health, and social service practitioners followed. This resulted in a succession of forums, studies, and recommendations aimed at improving the guardianship system. One such forum was the Wingspread conference, convened by the American Bar Association (ABA) in 1988. Experts from a variety of fields met to produce a groundbreaking set of recommendations for reforming guardianship. Wingspan, a second national guardianship conference addressing reform issues in 2001, produced in a second series of recommendations. The recommendations from these two conferences proposed greater protection for the proposed ward's liberty interests and …


Hearing On Managing The Lives Of Others: Conservatorship, Senate Subcommittee On Aging Apr 1988

Hearing On Managing The Lives Of Others: Conservatorship, Senate Subcommittee On Aging

California Senate

No abstract provided.