Open Access. Powered by Scholars. Published by Universities.®
Supreme Court of the United States Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Anticopying protection (1)
- Code Revision Commission (CRC) (1)
- Columbia Law Review (1)
- Columbia Law Review Forum (1)
- Compiled information (1)
-
- Constitutional law (1)
- Copyright Act (1)
- Copyright Act of 1976 (1)
- Copyright law (1)
- Copyright protection (1)
- Georgia v. Public.Resource.Org (1)
- Government edicts doctrine (1)
- Harvard Law Review (1)
- Inc. (PRO) (1)
- Interest on Lawyer Trust Account (IOLTA) (1)
- Judicial review (1)
- Law (1)
- Misappropriation of information (1)
- Official Code of Georgia Annotated (OCGA) (1)
- Original compilations (1)
- Patent Copyright Clause (1)
- Phillips v. Washington Legal Foundation (1)
- Property law (1)
- SCOTUS (1)
- Supreme Court (1)
- Takings Clause (1)
- Washington University Law Quarterly (1)
- Washington University Law Review (1)
Articles 1 - 4 of 4
Full-Text Articles in Supreme Court of the United States
Long Live The Common Law Of Copyright!: Georgia V. Public.Resource.Org., Inc. And The Debate Over Judicial Role In Copyright, Shyamkrishna Balganesh
Long Live The Common Law Of Copyright!: Georgia V. Public.Resource.Org., Inc. And The Debate Over Judicial Role In Copyright, Shyamkrishna Balganesh
Faculty Scholarship
In Georgia v. Public.Resource.Org, Inc., the Supreme Court resurrected a nineteenth-century copyright doctrine – the government edicts doctrine – and applied it to statutory annotations prepared by a legislative agency. While the substance of the decision has serious implications for due process and the rule of law, the Court’s treatment of the doctrine recognized an invigorated role for courts in the development of copyright law through the use of principled reasoning. In expounding the doctrine, the Court announced a vision for the judicial role in copyright adjudication that is at odds with the dominant approach under the Copyright …
Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier
Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier
Faculty Scholarship
Supreme Court decisions over the last three-quarters of a century have turned the words of the Takings Clause into a secret code that only a momentary majority of the Court is able to understand. The Justices faithfully moor their opinions to the particular terms of the Fifth Amendment, but only by stretching the text beyond recognition. A better approach is to consider the purposes of the Takings Clause, efficiency and justice, and go anew from there. Such a method reveals that in some cases there are good reasons to require payment by the government when it regulates property, but not …
Textualism And The Future Of The Chevron Doctrine, Thomas W. Merrill
Textualism And The Future Of The Chevron Doctrine, Thomas W. Merrill
Faculty Scholarship
The last decade has been a remarkable one for statutory interpretation. For most of our history, American judges have been pragmatists when it comes to interpreting statutes. They have drawn on various conventions – the plain meaning rule, legislative history, considerations of statutory purpose, canons of construction – "much as a golfer selects the proper club when he gauges the distance to the pin and the contours of the course." The arrival of Justice Scalia on the Supreme Court has changed this. Justice Scalia is a foundationalist, insisting that certain interpretational tools should be permanently banned from judicial use. What …
No "Sweat"? Copyright And Other Protection Of Works Of Information After Feist V. Rural Telephone, Jane C. Ginsburg
No "Sweat"? Copyright And Other Protection Of Works Of Information After Feist V. Rural Telephone, Jane C. Ginsburg
Faculty Scholarship
The Supreme Court's unanimous decision last Term in Feist Publications, Inc. v. Rural Telephone Service Co. proscribed copyright protection for works of information that fail to manifest a modicum of creative originality in selection or arrangement. Discarding a long – if lately uneasy – tradition of U.S. copyright coverage of informational works that display far greater industriousness than imagination, the Court ruled that copyright does not secure the "sweat of the brow" or the investment of resources in the compilation of a work of information. The Court thus stripped away or sharply reduced the copyright protection afforded a variety …