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What Is A Judicial Author?, Peter Friedman
What Is A Judicial Author?, Peter Friedman
Mercer Law Review
Martha Woodmansee has pointed out that
the law has yet to be affected by the "critique of authorship" initiated by Foucault and carried forward in the rich variety of post-structuralist research that has characterized literary studies during the last two decades. Indeed, . . . it would seem that as creative production becomes more corporate, collective, and collaborative, the law invokes the Romantic author all the more insistently.
Woodmansee wrote about the conceptions of authorship that legal institutions bring to bear in deciding copyright-related disputes.2 Nevertheless, the law's ignorance of the "critique of authorship" includes a willful ignorance of the …