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Full-Text Articles in Social and Behavioral Sciences
Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh
Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh
All Faculty Scholarship
Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …
"Don't Pooh-Pooh Our Poo Poo": Penalty, Subsidy, And Refusal To Fund In The Aftermath Of National Endowment For The Arts V. Finley, James Gaddy
LSU Master's Theses
Legal scholars said the National Endowment for the Arts v. Finley decision would create a "chilling effect" in government subsidy programs, and it unlawfully expanded the government speech doctrine. By analyzing cases that subsequently use Finley for a substantive part of their rationale, this article argues the opposite: the courts have rejected the government's attempts to interpret the decision as one that allows viewpoint discrimination and have not allowed the government to further a broad reading of the decision. The article also argues that, under the government speech doctrine, Finley provides the controlling precedent for truly "hybrid speech" cases where …