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Series

United States

Faculty Scholarship

1991

Articles 1 - 4 of 4

Full-Text Articles in Law

Free Speech Without Romance: Public Choice And The First Amendment, Daniel A. Farber Dec 1991

Free Speech Without Romance: Public Choice And The First Amendment, Daniel A. Farber

Faculty Scholarship

Comments on the economics of the First Amendment doctrine of the U.S. Constitution. Background on basic economics of information and its bearing on First Amendment issues; Theory used to explain why some types of communication are at the core of First Amendment protection while others are at the periphery; Implications of the theory on the benefits of promoting self-expression as a societal value.


Do Lawyers Improve The Adversary System--A General Theory Of Litigation Advice And Its Regulation, Stephen Mcg Bundy, Einer Richard Elhauge Jan 1991

Do Lawyers Improve The Adversary System--A General Theory Of Litigation Advice And Its Regulation, Stephen Mcg Bundy, Einer Richard Elhauge

Faculty Scholarship

This Article presents a rational actor account of how litigation advice influences the information that reaches the tribunal in an adversary system. The authors conclude that although advice has some disturbing or ambiguous informational effects, on balance providing advice to one or both parties will generally improve the capacity of tribunals to determine who should be sanctioned and who should not. They also identify conditions under which advice is likely to be socially undesirable. The authors apply their account to analyze a range of policy issues, including whether to award fees to private attorneys general, whether to guarantee representation to ...


Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson Jan 1991

Computer Programs, User Interfaces, And Section 102(B) Of The Copyright Act Of 1976: A Critique Of Lotus V. Paperback, Pamela Samuelson

Faculty Scholarship

The article discusses the ruling issued by the U.S. court on the Lotus Development Corp. vs. Paperback Software International case, decided in June 1990. The ruling issued by Judge Keeton states that the copyright of Lotus for its popular 1-2-3 spreadsheet program protected the user interface of that program and that Paperback had infringed the Lotus copyright by copying a number of aspects of that interface.


Legal And Tax Incidents Of Compulsive Behavior: Lessons From Zarin, Babette B. Barton Jan 1991

Legal And Tax Incidents Of Compulsive Behavior: Lessons From Zarin, Babette B. Barton

Faculty Scholarship

Focuses on the implication of Zarin v. Commissioner on legal dispensation of compulsive gambling behavior in the United States. Need of legislation for legal accommodation of compulsive behavior; Cancellation of debts due to insolvency; Use of single transaction doctrine in justifying cancellation of debt.