On The Legal Consequence Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable,
University of Chicago
On The Legal Consequence Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable, Christopher J. Buccafusco
This article is devoted to copyright protection for one of the restaurant industry’s most valuable assets – original recipes. The two most recent appellate courts to consider the issue have been hostile to the notion that recipes are copyrightable, but given the enormous amount of money at stake, litigation in this area is likely about to expand. The article begins by critiquing the courts’ conclusions. Following an analogy to musical composition, I argue that recipes are simply the means of fixation for culinary works of authorship, i.e, dishes. Next, based on interviews with some of America’s leading chefs ...
Murdering The Spirit: Racism, Rights, And Commerce,
Georgetown University Law Center
Murdering The Spirit: Racism, Rights, And Commerce, Robin West
Georgetown Law Faculty Publications and Other Works
Patricia Williams' The Alchemy of Race and Rights: The Diary of a Law Professor, is an eloquent, profoundly original, and often brilliant collection of interdisciplinary essays and stories concerning the impact of racism and poverty on the human spirit; the historic and continuing role of law and legal institutions in defining, facilitating, and perpetuating those harms; and the possibilities and dangers imminent in the attempt to use law to effect a remedy for them. This is a book that we should celebrate: it reminds us that books are occasionally very, very important, that reading can be transformative, and that writing ...
Monarchy In The Hebrew Bible,
NYU School of Law
Monarchy In The Hebrew Bible, Geoffrey P. Miller
New York University Public Law and Legal Theory Working Papers
This article continues the analysis of political theory in the Hebrew Bible. The books of Samuel and Kings recount the history of the monarchy in ancient Israel. This setup allows the author to conclude his analysis of confederacy and also to examine two other forms of government: theocracy and monarchy. The author argues that confederacy is too weak to provide reliable protections to the people. He endorses the ideal of theocratic rule but views theocracy as unsuitable for practical governance. He identifies weaknesses in monarchy but endorses it as the best form of government provided that the king is constrained ...
Food Art: Protecting "Food Presentation" Under U.S. Intellectual Property Law, 14 J. Marshall Rev. Intell. Prop. L. 1 (2014),
John Marshall Law School
Food Art: Protecting "Food Presentation" Under U.S. Intellectual Property Law, 14 J. Marshall Rev. Intell. Prop. L. 1 (2014), Cathay Smith
The John Marshall Review of Intellectual Property Law
In 2006, a scandal broke in the culinary world. It was alleged that Robin Wickens, chef at (now closed) Interlude restaurant in Melbourne, Australia, had copied dishes by renowned American chefs Wylie Dufresne, Jose Andres, and Grant Achatz. It is not uncommon for chefs to borrow recipes from other chefs, and there has been a long culture of sharing in the cuisine industry. However, what made Wickens’ actions scandalous was that he had purportedly copied the artistic presentation and plating of other chefs’ dishes, not just their recipes.
This Article examines whether chefs can protect the artistic presentation or plating ...
Barriers To Leadership In Women's College Athletics,
Western New England University School of Law
Barriers To Leadership In Women's College Athletics, Erin E. Buzuvis
Today there is an enormous gender disparity among collegiate head coaches and athletic administrators in the United States. Women fill less than a quarter of head coach and athletic director positions in college athletics and are even minorities among coaches of women's teams. Few other professions are as impervious to gender integration. Leadership in college athletics is, in the words of one scholar, one of the "few male bastions remaining," which raises the question: Why are women so starkly underrepresented in leadership positions within college athletics? There is no easy answer, but rather a variety of factors that exclude ...
A Rose By Any Other Name: How An Illusionist Used Copyright Law As A Patent, 14 J. Marshall Rev. Intell. Prop. L. 357 (2015),
John Marshall Law School
A Rose By Any Other Name: How An Illusionist Used Copyright Law As A Patent, 14 J. Marshall Rev. Intell. Prop. L. 357 (2015), Sydney Beckman
The John Marshall Review of Intellectual Property Law
Teller is a famous illusionist who, in recent years, has been performing a stage act with Penn Jillete in Las Vegas, Nevada. Teller’s signature trick, known as “Shadows,” was copied by a magician in Belgium who offered to sell the method. The Belgian’s trick, titled “The Rose and Her Shadow,” was virtually identical to Teller’s illusion. That which we call a rose by any other name . . . Teller wanted the Belgian magician to stop offering the trick for sale. After an unsuccessful attempt to negotiate, Teller took his dispute to federal court. His goal? To protect that which ...
No Bitin’ Allowed: A Hip-Hop Copying Paradigm For All Of Us,
Pace University Law School
No Bitin’ Allowed: A Hip-Hop Copying Paradigm For All Of Us, Horace E. Anderson Jr.
Pace Law Faculty Publications
It is long past time to reform the Copyright Act. The law of copyright in the United States is at one of its periodic inflection points. In the past, major technological change and major shifts in the way copyrightable works were used have rightly led to major changes in the law. The invention of the printing press prompted the first codification of copyright. The popularity of the player piano contributed to a reevaluation of how musical works should be protected. The dawn of the computer age led to an explicit expansion of copyrightable subject matter to include computer programs. These ...
[Insert Song Lyrics Here]: The Uses And Misuses Of Popular Music Lyrics In Legal Writing,
Oklahoma City University School of Law
[Insert Song Lyrics Here]: The Uses And Misuses Of Popular Music Lyrics In Legal Writing, Alex B. Long
Legal writers frequently utilize the lyrics of popular music artists to help advance a particular theme or argument in legal writing. And if the music we listen to says something about us as individuals, then the music we, the legal profession as a whole, write about may something about who we are as a profession. A study of citations to popular artists in law journals reveals that, not surprisingly, Bob Dylan is the most popular artist in legal scholarship. The list of names of the other artists rounding out the Top Ten essentially reads like a Who’s Who of ...
Apple Pie Propaganda? The Smith–Mundt Act Before And After The Repeal Of The Domestic Dissemination Ban,
Northwestern University School of Law
Apple Pie Propaganda? The Smith–Mundt Act Before And After The Repeal Of The Domestic Dissemination Ban, Weston R. Sager
Northwestern University Law Review
For over sixty years, the Smith–Mundt Act prohibited the U.S. Department of State and the Broadcasting Board of Governors (BBG) from disseminating government-produced programming within the United States over fears that these agencies would “propagandize” the American people. However, in 2013, Congress abolished the domestic dissemination ban, which has led to a heated debate about the role of the federal government in free public discourse. Although the 2013 repeal of the domestic dissemination ban promotes greater government transparency and may help counter anti-American sentiment at home, it also gives the federal government great power to covertly influence public ...
How Spotify Killed The Radio Star: An Analysis On How The Songwriter Equity Act Could Aid The Current Online Music Distribution Market In Failing Artists,
Mitchell Hamline School of Law
How Spotify Killed The Radio Star: An Analysis On How The Songwriter Equity Act Could Aid The Current Online Music Distribution Market In Failing Artists, Caitlin Kowalke
No abstract provided.