Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Intellectual Property Law (2)
- Law and Technology (2)
- Philosophy (2)
- Torts (2)
- Common law (1)
-
- Criminal Law and Procedure (1)
- Criminal Sentencing (1)
- Injury to freedom and self-determination (1)
- Jurisprudence (1)
- Legal Philosophy (1)
- Legal history (1)
- Natural law theory (1)
- Positivism (1)
- Practice and Procedure (1)
- Privacy Law (1)
- Professional Ethics (1)
- Property-Personal and Real (1)
- Rational and intuitive principles of justice and goodness (1)
- Rhetoric (1)
- Right of privacy (1)
Articles 1 - 6 of 6
Full-Text Articles in Jurisprudence
Natural Law, Slavery, And The Right To Privacy Tort, Anita L. Allen
Natural Law, Slavery, And The Right To Privacy Tort, Anita L. Allen
All Faculty Scholarship
In 1905 the Supreme Court of Georgia became the first state high court to recognize a freestanding “right to privacy” tort in the common law. The landmark case was Pavesich v. New England Life Insurance Co. Must it be a cause for deep jurisprudential concern that the common law right to privacy in wide currency today originated in Pavesich’s explicit judicial interpretation of the requirements of natural law? Must it be an additional worry that the court which originated the common law privacy right asserted that a free white man whose photograph is published without his consent in …
The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh
The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh
All Faculty Scholarship
Not all copying constitutes copyright infringement. Quite independent of fair use, copyright law requires that an act of copying be qualitatively and quantitatively significant enough or “substantially similar” for it to be actionable. Originating in the nineteenth century, and entirely the creation of courts, copyright’s requirement of “substantial similarity” has thus far received little attention as an independently meaningful normative dimension of the copyright entitlement. This Article offers a novel theory for copyright’s substantial-similarity requirement by placing it firmly at the center of the institution and its various goals and purposes. As a common-law-style device that mirrors the functioning of …
Introduction: Punishment And Culpability, Mitchell N. Berman
Introduction: Punishment And Culpability, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh
The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh
All Faculty Scholarship
No abstract provided.
What Must We Hide: The Ethics Of Privacy And The Ethos Of Disclosure, Anita L. Allen
What Must We Hide: The Ethics Of Privacy And The Ethos Of Disclosure, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach
Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach
All Faculty Scholarship
No abstract provided.