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Articles 31 - 60 of 60
Full-Text Articles in Law
Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert
Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert
Law and Contemporary Problems
Although most court cases involving copyright protection of the user interface appear to have been decided correctly on their facts, the language of the decisions has left uncertainty as to the scope of protection.
Grading The Performance Of A Legislator, Leo J. Raskind
Grading The Performance Of A Legislator, Leo J. Raskind
Law and Contemporary Problems
The case is made that Rep Robert Kastenmeier should be honored as a distinguished public servant. His record reflects both a concern for the public interest and a sensitivity to the needs of special interest groups.
Foreword: A Tribute To Robert W. Kastenmeier, L. Ray Patterson, David Lange
Foreword: A Tribute To Robert W. Kastenmeier, L. Ray Patterson, David Lange
Law and Contemporary Problems
No abstract provided.
The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre
The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre
Law and Contemporary Problems
Copyright laws require that courts consider at least four factors in determining whether a quotation or close paraphrase of another's unpublished work without permission falls under "fair use." Several cases involving "fairuse" are discussed.
Understanding Fair Use, L. Ray Patterson
Understanding Fair Use, L. Ray Patterson
Law and Contemporary Problems
Prior to creation of the fair use doctrine, an author had a limited right to use another author's copyright. The origin of the fair use doctrine is examined.
Originality And Creativity In Copyright Law, Howard B. Abrams
Originality And Creativity In Copyright Law, Howard B. Abrams
Law and Contemporary Problems
Copyright law can be broadly viewed as a system that seeks an appropriate balance between the rights of authors and publishers with the rights of users and consumers. The case of "Feist Publications Inc vs Rural Telephone Service Co" is discussed.
Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell
Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell
Law and Contemporary Problems
The professional relationship between Congressman Robert Kastenmeier and law professor John Stedman is discussed. John Stedman was a positive influence on Kastenmeier's thinking on patent and copyright issues.
At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange
At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange
Law and Contemporary Problems
The future of intellectual property rights is discussed. The emergence of new technologies will free authors from the constraints of publishers, and may lead to the transformation of copyright law.
Copyright And Information Policy, Jessica Litman
Copyright And Information Policy, Jessica Litman
Law and Contemporary Problems
The basic principle that copyright protects neither ideas nor information has eroded recently. Recent court decisions and government policies that expand copyright laws are discussed.
Copyright, Paul Goldstein
Copyright, Paul Goldstein
Law and Contemporary Problems
The purpose of copyright laws is discussed. Copyright is essentially about protecting the autonomy of authors.
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon
Law and Contemporary Problems
The Supreme Court case "Feist Publications Inc vs Rural Telephone Service Co" is examined. Although the court's decision was correct, its reasoning is deeply flawed.
Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman
Bob Kastenmeier And The Legislative Process: Sui Generis And Proud Of It, Ralph Oman
Law and Contemporary Problems
The legislative legacy of Robert W. Kastenmeier, Chairman of the Senate Subcommittee on Patents, Copyrights and Trademarks, is discussed. Kastenmeier's contributions to intellectual property law are discussed.
Formal Amendment Of The Constitution Of Canada, Peter W. Hogg
Formal Amendment Of The Constitution Of Canada, Peter W. Hogg
Law and Contemporary Problems
Canada's Constitution Act of 1982 is discussed. The act changed the way in which amendments to Canada's constitution were made. Previously, the Imperial Parliament made the amendments.
Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson
Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson
Law and Contemporary Problems
Judicial amendment of the Canadian Constitution is discussed. The Supreme Court of Canada can nullify or alter the constitutional text or its accepted meaning through constitutional interpretations.
Foreword: O Canada, William W. Van Alstyne
Foreword: O Canada, William W. Van Alstyne
Law and Contemporary Problems
No abstract provided.
Mass Communications And The First Amendment: An Overview, L. A. Powe Jr.
Mass Communications And The First Amendment: An Overview, L. A. Powe Jr.
Law and Contemporary Problems
Traditionally, mass communications issues have been slighted or ignored in first amendment writings. The Supreme Court deals with each type of harm resulting from this issue separately.
The Differing Federalisms Of Canada And The United States, Martha A. Field
The Differing Federalisms Of Canada And The United States, Martha A. Field
Law and Contemporary Problems
The differences in the ways in which the US and Canada have structured their federalisms are discussed. Both systems have judicial supremacy, but Canada recognizes far more legislative power in the provinces than the US allows its states.
Exit Rights Under Federalism, Richard A. Epstein
Exit Rights Under Federalism, Richard A. Epstein
Law and Contemporary Problems
Exit rights and their self-help nature are discussed. State and federal courts should not allow state or provincial governments to destroy these important protections of individual property rights.
Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps
Law and Contemporary Problems
The doctrine of self-defense and the retreat rule are discussed. Questions of justification and excuse are explored.
Dimensions Of Equality: Doctrines Of Limitation, Drew S. Days Iii
Dimensions Of Equality: Doctrines Of Limitation, Drew S. Days Iii
Law and Contemporary Problems
No abstract provided.
The Canadian Judicial Approach To Equality Rights: Freedom Ride Or Roller Coaster?, M. David Lepofsky
The Canadian Judicial Approach To Equality Rights: Freedom Ride Or Roller Coaster?, M. David Lepofsky
Law and Contemporary Problems
The routes that can be followed by the Supreme Court at the crossroad to full equality rights protection are discussed. The Court should not tolerate any stereotyping of the elderly, women, the handicapped or anyone else.
The Canadian Constitutional Approach To Freedom Of Expression In Hate Propaganda And Pornography, Kathleen Mahoney
The Canadian Constitutional Approach To Freedom Of Expression In Hate Propaganda And Pornography, Kathleen Mahoney
Law and Contemporary Problems
Canadian courts are in the process of challenging existing thought about the constitutional protection of freedom of expression. Establishing equality requires reciprocity of respect and parity of regard for physical dignity and personal integrity. Canadian Supreme Court decisions on pornography are discussed.
Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan
Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan
Law and Contemporary Problems
The so-called proportionality test of modifications to the Canadian Constitution are discussed. The Constitution is, at times, described as a moving target for change.
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
Law and Contemporary Problems
Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.
Free Speech In The United States And Canada, Kent Greenawalt
Free Speech In The United States And Canada, Kent Greenawalt
Law and Contemporary Problems
A comparison of freedom of speech in the US and Canada is presented. Supreme Court decisions on this issue in both countries are discussed. Both countries believe that free speech is central to liberal democracy.
The Difficult Relationship Between Freedom Of Expression And Its Reasonable Limits, Yves De Montigney
The Difficult Relationship Between Freedom Of Expression And Its Reasonable Limits, Yves De Montigney
Law and Contemporary Problems
No abstract provided.
Federalism Under Fire: The Role Of The Supreme Court Of Canada, Katherine Swinton
Federalism Under Fire: The Role Of The Supreme Court Of Canada, Katherine Swinton
Law and Contemporary Problems
The role of the Supreme Court of Canada in the country's federal system is discussed. Globalization will have an important impact on interpretation of the Canadian Constitution. The special status of Quebec will also have to be taken into account.
Adding A Third Dimension: The Danadian Approach To Constitutional Equality Guarantees, C. Lynn Smith
Adding A Third Dimension: The Danadian Approach To Constitutional Equality Guarantees, C. Lynn Smith
Law and Contemporary Problems
No abstract provided.