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First Amendment

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Free speech

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Draft Of Beck Lecture - 2010, Wendy J. Gordon Sep 2010

Draft Of Beck Lecture - 2010, Wendy J. Gordon

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I am grateful to the wonderful BU community that has taught me so much, and to those who made this event possible. I thank Dean O'Rourke for hosting this wonderful event, Mary Gallagher, Cornell Stinson and Erin Elwood for organizing it, and I thank you all for coming. I am honored to follow Bill Ryckman in the Chair, a man I admire. Most especially I thank Phil Beck for his generosity to the Boston University School of Law in funding this Chair. It's flattering to me having been chosen its recipient, and flattering to the school that Phil chose us …


Letter To Ken Yalowitz, Esq., Wendy J. Gordon Jan 1994

Letter To Ken Yalowitz, Esq., Wendy J. Gordon

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I hope you received the fax I sent with the material by Mark Rose discussing the linkages between paper money and art.


Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon Jan 1993

Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon

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DDE-type inquiries usually emerge from a particular brand of intuitionistically-applied deontology which one might call a "theory of side-constraints". From the deontologic notion that "persons are ends, not means," philosophers of this stripe have intuited a number of constraints that should constrain moral actors regardless of the cost. The science of side-constraints is obviously inconsistent with theories such as utilitarianism and economic wealth-maximization, where assessing the costs and benefits of an action constitute the primary guide for action. By contrast side-constraint philosophers tell us that one may not kill another person even to save a large number of other persons; …


Blackmail And Transactional Structure - 1992, Wendy J. Gordon Aug 1992

Blackmail And Transactional Structure - 1992, Wendy J. Gordon

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The Coase Theorem operates in a world where mistaken allocations can be cured by trade. But blackmail involves two areas where mistaken allocations are likely to be permanent: free speech and reputation.


Conversation With Lee Bollinger - 1985, Wendy J. Gordon May 1985

Conversation With Lee Bollinger - 1985, Wendy J. Gordon

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First, Lee Bollinger (and others) seem to feel that the misappropriation "urge" makes sense when seen against a background where most things one creates DO get property treatment. Lee therefore says it's my burden as a writer to explain why this area is different--both to succeed in making a case clear, AND to create barriers between this area and others. Essentially, he argues, people will be afraid that less-than-complete property here will erode property elsewhere.