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Copyright Infringement And The Separated Powers Of Moral Entrepreneurship, Joseph P. Fishman

Vanderbilt Law School Faculty Publications

This Article examines the copyright industries’ “moral entrepreneurs,” sociologist Howard Becker’s term for enterprising crusaders who seek to change existing social norms regarding particular conduct. Becker’s conception of moral entrepreneurship consists of two groups performing separate tasks: rule creators work to translate their preferred norms into legal prohibitions, and then a separate class of enforcers administer those prohibitions. In a limited sense, U.S. copyright law hews to this scheme. Legislation such as the No Electronic Theft Act of 1997 and the Artists’ Rights and Theft Prevention Act of 2005 has assigned the federal government an increasing role in defining intellectual-property …

Recent Cases, Vanderbilt Law Review Staff

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

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Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

DAMAGES FOR SURVIVOR'S GRIEF ARE NOT PROPERLY AWARDABLE IN GENERAL FEDERAL MARITIME ACTION FOR WRONGFUL DEATH

LONGSHOREMAN IS NOT THIRD PARTY BENEFICIARY OF MARITIME STEVEDORING AND CHARTER PARTY CONTRACTS

SHIPOWNER'S LIABILITY FOR REMOVAL OF VESSEL WRECKAGE NOT LIMITED BY THE SHIPOWNERS' LIMITED LIABILITY ACT

COURTS MAY ADOPT STATE LAW FOR MEASUREMENT OF DAMAGES IN MARITIME TORT ACTION

2. BORDER SEARCHES

A HUNCH IS INSUFFICIENT BASIS UNDER FOURTH AMENDMENT FOR BORDER SEARCH AND ARREST

3. CONSTITUTIONAL LAW

STATE STATUTE PROHIBITING THE IMPORTATION OF FOREIGN FIREARMS PARTS IS AN UNCONSTITUTIONAL INVASION OF THE CONGRESSIONAL POWER TO REGULATE FOREIGN COMMERCE

4. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Constitutional Law--Obscenity--Materials May Be Obscene for Minors without Being Obscene for Adults

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Constitutional Law--Standing-Federal Taxpayer Has Standing To Challenge Federal Expenditures Violating Specific Constitutional Prohibition

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Copyright--Telecommunication--CATY Carriage of Copyrighted Material Does not Constitute Infringement

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Criminal Law--Exclusion for Cause of Prospective Jurors With Scruples Against Death Penalty Violates Due Process