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Articles 1 - 4 of 4
Full-Text Articles in Judges
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Michigan Law Review
This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.
The Man In The Mirror, David A. Logan
The Man In The Mirror, David A. Logan
Michigan Law Review
A Review of Cardozo: A Study in Reputation by Richard A. Posner
The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman
The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman
Michigan Law Review
A Review of The Justice from Beacon Hill: The Life and Times of Oliver Wendell Holmes by Liva Baker
Settling For A Judge: A Comment On Clermont And Eisenberg, Samuel R. Gross
Settling For A Judge: A Comment On Clermont And Eisenberg, Samuel R. Gross
Articles
Trial by Jury or Judge: Transcending Empiricism,1 by Kevin Clermont and Theodore Eisenberg, is not only an important article, it is unique. To most Americans, trial means trial by jury. In fact, over half of all federal trials are conducted without juries2 (including 31% of trials in cases in which the parties have the right to choose a jury3), and the proportion of bench trials in state courts is even higher.4 And yet, while there is a large literature on the outcomes of jury trials and the factors that affect them,5 nobody else has systematically compared trials by jury to …