Jurisprudence Commons^™

Authentic Authorship, Alina Ng

Alina Ng

Copyright laws protect original works of authorship, but ownership rights in literary and artistic works need not necessarily reside with the author or creator of the work. By statutory provision, the copyright owner, and not the author, possesses the exclusive rights to control the reproduction, distribution, public performances, and the making of derivatives. It is interesting to note the apparent disconnect between the exclusive rights protecting the subject matter of authorship and the author, as the creator, of a work of authorship. This disconnect is, arguably, attributable to the influence of law and economics, and American legal realism, on copyright …

The Ethics Of Authorship, Alina Ng

Alina Ng

No abstract provided.

Is There A Right To Access?:#11; Of Authors, Publishers & Users, Alina Ng

Alina Ng

No abstract provided.

The Idea Of A Use Right, Alina Ng

Alina Ng

The law of nuisance requires property law as a legal institution to balance and manage the utility of competing land use. When an intentional invasion of land creates an unreasonable and substantial interference with the use of another person’s land, the nuisance may be enjoined by law. This enquiry requires a consideration of whether the social utility of the tort-feasor’s conduct outweighs its social costs, and provides the courts with a legal strategy to manage conflicting resource uses. Copyright jurisprudence similarly requires management of society’s use of information as a resource for creativity and progress. The legal strategy employed to …

Rights, Privileges And Access To Information, Alina Ng

Alina Ng

No abstract provided.

Property And Transitional Justice, Bernadette Atuahene

All Faculty Scholarship

Transitional justice is the study of those mechanisms employed by communities, states and the international community to deal with a legacy of systematic human rights abuses and authoritarianism in order to promote social reconstruction. There is a well developed transitional justice literature on how states can deal with past violations of civil and political rights, which discusses the value of truth commissions, and international and domestic prosecutions. The transitional justice literature on how to deal with past violations of property rights, however, is significantly less developed. The goal of this essay is to begin an important conversation about how transitional …

Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.

Law As Hidden Architecture: Law, Politics, And Implementation Of The Burnham Plan Of Chicago Since 1909, 43 J. Marshall L. Rev. 375 (2010), Richard J. Roddewig

UIC Law Review

No abstract provided.

Property And The Public Forum: An Essay On Christian Legal Society V. Martinez, B. Jessie Hill

Faculty Publications

Christian Legal Society v. Martinez is situated at the intersection of various, and arguably conflicting, lines of doctrine. In ultimately holding that the Hastings College of Law could decline to recognize the student chapter of the Christian Legal Society due to the group’s refusal to accept members who did not conform their beliefs and conduct to the principles of CLS (particularly regarding homosexuality),the Supreme Court was required to sort through a tangle of precedents involving free speech limitations in nonpublic for a, religious groups’ rights of equal access to school facilities, and freedom of expressive association.

Perhaps less obviously, however, …

When Users Are Authors: Authorship In The Age Of Digital Media, Alina Ng

Alina Ng

This Article explores what authorship and creative production means in the digital age. Notions of the author as the creator of the work provided a point of reference for recognizing ownership rights in literary and artistic works in conventional copyright jurisprudence. The role of the author, as the creator and producer of a work, has been seen as distinct and separate from that of the publisher and user. Copyright laws and customary norms protect the author’s rights in his creation to provide the incentive to create and allow him to appropriate the social value generated by his creativity as recognition …