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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 Apr 1992

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 Apr 1992

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 Apr 1992

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The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre Apr 1992

The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre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require that courts consider at least four factors in determining whether a quotation or close paraphrase of another's unpublished work without permission falls under "fair use."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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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 Apr 1992

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.


Journal Staff Apr 1992

Journal Staff

Law and Contemporary Problems

No abstract provided.


Copyright, Paul Goldstein Apr 1992

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 Apr 1992

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 Apr 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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. Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

Adding A Third Dimension: The Danadian Approach To Constitutional Equality Guarantees, C. Lynn Smith

Law and Contemporary Problems

No abstract provided.


Journal Staff Jan 1992

Journal Staff

Law and Contemporary Problems

No abstract provided.