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Full-Text Articles in Legal Profession
Complexity In Property, Meredith M. Render
Complexity In Property, Meredith M. Render
Tennessee Law Review
This Article illuminates the largely misunderstood relationship between complexity and the regulation of property interests. Specifically, the Article presents the "complexity thesis" -a novel explanatory account of the principle of numerus clausus. The principle of numerus clausus is an ancient common law rule that prohibits the customization of property interests. The complexity thesis holds that the primary function of numerus clausus is to prevent the proliferation of highly idiosyncratic property interests. In so doing, numerus clausus provides a bulkhead against the overwhelming complexity that would ensue if customized property interests were permitted.
For the last fifteen years, numerus clausus has …
Intellectual Property Law - Copyright Law - Applicability Of "First Sale" Doctrine To Copies Of Copyrighted Works Lawfully Produced Abroad, Mitchell Ashkenaz
Intellectual Property Law - Copyright Law - Applicability Of "First Sale" Doctrine To Copies Of Copyrighted Works Lawfully Produced Abroad, Mitchell Ashkenaz
Tennessee Law Review
No abstract provided.
Aligning Law And Forum: The Home Court Advantage, Verity Winship
Aligning Law And Forum: The Home Court Advantage, Verity Winship
Tennessee Law Review
When courts and legislatures choose where to resolve a dispute, they often must consider whether questions of law should be decided in the "home" court. When should, for instance, Delaware state courts decide questions of Delaware state law? The choice between the home forum and others is particularly stark in corporate law, where out-of-state courts must often apply the law of the state of incorporation. Litigation over corporate deals increasingly takes place in multiple, competing jurisdictions, presenting a clear choice between resolution in the home court or out of state. Beyond corporate law, the question arises any time legislatures must …
Depositions Of Other Lawyers, Douglas R. Richmond
Depositions Of Other Lawyers, Douglas R. Richmond
Tennessee Law Review
No abstract provided.
The Virtues And Vices Of Clarity In Trademark Law, David S. Welkowitz
The Virtues And Vices Of Clarity In Trademark Law, David S. Welkowitz
Tennessee Law Review
No abstract provided.