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Full-Text Articles in Law

Memorial To Barbara Ringer, Peter Jaszi Jul 2009

Memorial To Barbara Ringer, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

The story goes that in 439 BC the retired consul Cincinnatus was summoned from the plow by the Senate and people of Rome. One more time, he saw the Republic through a time of particular peril, resigning office immediately afterwards to return to his rural retirement - to be transmuted into a timeless emblem of selfless probity. Episodes of this kind are even rarer in the annals of the U.S. civil service than in the Roman history. But I had the good fortune to be a witness to one such - Barbara Ringer's return to the Library of Congress in …


Clean Technology Transfer And Intellectual Property Rights, Nitya Nanda, Nidhi Srivastava Jan 2009

Clean Technology Transfer And Intellectual Property Rights, Nitya Nanda, Nidhi Srivastava

Sustainable Development Law & Policy

No abstract provided.


Appropriability And Property, Yonatan Even Jan 2009

Appropriability And Property, Yonatan Even

American University Law Review

This paper challenges the malleability of the idea of property as a relative, indeterminate "bundle of rights", which appears to dominate property doctrine at least since Ronald Coase's "The Problem of Social Cost". Focusing on the core goals of property regimes, the paper proposes an alternative view of property rights - one that is centered on the ability of owners to appropriate the benefits of their assets in the face of a threat from numerous potential adversaries, rather than their ability to contract such assets away within a bilateral context. This appropriability problem, it is argued, is a defining concept …


Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, Christine Haight Farley Jan 2009

Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, Christine Haight Farley

Articles in Law Reviews & Other Academic Journals

This paper demonstrates how problematic convergences between Internet technology, the demands of a burgeoning e-market and trademark laws have created myriad issues in international governance of domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), the body that governs internet's infrastructure, recently approved a new policy that would allow it to accept applications for additional generic top-level domains (gTLDs). What ICANN contemplates is a uniform system to approve generic top level domains that is expected to have profound implications. Under this new plan anyone can apply for a new gTLD at any time and it could be literally …


Is There Such A Thing As Postmodern Copyright?, Peter Jaszi Jan 2009

Is There Such A Thing As Postmodern Copyright?, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

Back in 1992, artist/entrepreneur Jeff Koons suffered a humiliating setback when the United States Court of Appeals for the Second Circuit repudiated the suggestion that his reuse of objects from public culture might constitute a "fair use" defense to a copyright infringement claim. Fourteen years later, in a case that again involved a photographer's claim of copyright infringement, Koons triumphed in the same judicial forum. What had changed? This Article explores, in particular, one among a variety of alternative explanations: Koons may have caught the very leading edge of a profound wave of change in the social and cultural conceptualization …