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Full-Text Articles in Intellectual Property Law

Aals Speech, Wendy J. Gordon Sep 1992

Aals Speech, Wendy J. Gordon

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Marshall has also said I can speak as long as I want, so scream when you've had enough.


Blackmail And Moralisms: Victimhood And Aristotelian Pride - 1992, Wendy J. Gordon Aug 1992

Blackmail And Moralisms: Victimhood And Aristotelian Pride - 1992, Wendy J. Gordon

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Of those persons who favor laws against blackmail, many take that position because of the moral nastiness of the blackmailing act ("pay me or I'll tell ...") These commentators are sometimes blind to where the self-interest of the so-called victim lies, for the victim often prefers paying for silence to having his secrets revealed. Much of the sophisticated literature on blackmail focuses on this gap in vision. Blackmail is called paradoxical because (among other things) it is a crime that a victim would often rather suffer than have discovered and prosecuted.


Draft Of Reality As Artifact: From Feist To Fair Use - 1992, Wendy J. Gordon Jan 1992

Draft Of Reality As Artifact: From Feist To Fair Use - 1992, Wendy J. Gordon

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Lawyers more than most people should be aware that what language calls "facts" are not necessarily equivalent to things that exist in the world. After all, when in ordinary conversation someone says "It's a fact that this [ X ] happened," the speaker usually means, "I believe the thing I describe has happened in the world". But when a litigator says something is a "fact" she often means only that a good faith argument can be made on behalf of its existence. Two sets of fact finders can look at the same event and come to diametrically opposed conclusions-- each …