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Full-Text Articles in Law
Panel Discussion At "Signs Of The Times: The First Amendment And Religious Symbolism", Carl H. Esbeck
Panel Discussion At "Signs Of The Times: The First Amendment And Religious Symbolism", Carl H. Esbeck
Faculty Publications
No abstract provided.
Best Intentions: Reconsidering Best Practices Statements In The Context Of Fair Use And Copyright Law, Jennifer E. Rothman
Best Intentions: Reconsidering Best Practices Statements In The Context Of Fair Use And Copyright Law, Jennifer E. Rothman
All Faculty Scholarship
Private ordering is increasingly playing a role in determining the scope of intellectual property rights both as a de facto and a de jure matter. In this essay, I consider the best practices movement and its efforts to use private ordering to limit the scope and enforcement of copyright law. Best practices statements in the copyright context establish voluntary guidelines for what should be deemed fair uses of others’ copyrighted works. I identify some of the de facto successes of the best practices movement, but also raise a number of concerns about the project. As I have discussed elsewhere, the …
Liberating Copyright: Thinking Beyond Free Speech, Jennifer E. Rothman
Liberating Copyright: Thinking Beyond Free Speech, Jennifer E. Rothman
All Faculty Scholarship
Scholars have often turned to the First Amendment to limit the scope of ever-expanding copyright law. This approach has mostly failed to convince courts that independent review is merited and has offered little to individuals engaged in personal rather than political or cultural expression. In this Article, I consider the value of an alternative paradigm using the lens of substantive due process and liberty to evaluate users’ rights. A liberty-based approach uses this other developed body of constitutional law to demarcate justifiable personal, identity-based uses of copyrighted works. Uses that are essential for mental integrity, intimacy promotion, communication, or religious …
Astrachan And Easton: Fight Wikileaks Case In Court, Not In Cyberspace, James B. Astrachan, Eric Easton
Astrachan And Easton: Fight Wikileaks Case In Court, Not In Cyberspace, James B. Astrachan, Eric Easton
All Faculty Scholarship
No abstract provided.
Regulating Offensiveness: Snyder V. Phelps, Emotion, And The First Amendment, Christina E. Wells
Regulating Offensiveness: Snyder V. Phelps, Emotion, And The First Amendment, Christina E. Wells
Faculty Publications
In its upcoming term, the Court will decide in Snyder v. Phelps whether Albert Snyder can sue the Reverend Fred Phelps and other members of the Westboro Baptist Church for invasion of privacy and intentional infliction of emotional distress for protesting near his son’s funeral. Those arguing in favor of tort liability claim that the Phelps’ speech during a time of mourning and vulnerability is especially outrageous and injurious and that the First Amendment allows such regulation. Their arguments, however, effectively rely on the offensiveness of the Phelps’ message rather than on any external indicia of harm, such as noisy …
Citizens Disunited, Steven L. Winter
Citizens Disunited, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Reflections On Breach Of Confidence From The U.S. Experience, Brian C. Murchison
Reflections On Breach Of Confidence From The U.S. Experience, Brian C. Murchison
Scholarly Articles
Not available.
The Myth Of The Level Playing Field: Knowledge, Affect, And Repetition In Public Debate, Jeremy N. Sheff
The Myth Of The Level Playing Field: Knowledge, Affect, And Repetition In Public Debate, Jeremy N. Sheff
Faculty Publications
The industrialization of the channels and scale of communication has led some well-meaning reformers to try to regulate the ability of powerful private actors to leverage economic inequality into political inequality, particularly in the area of campaign finance. Such reform efforts are ostensibly intended to further the deliberative democratic ideal of rational, informed public decision making by preventing well-funded private interests from improperly influencing democratic debate and, by extension, political outcomes. This Article examines empirical findings in political science, psychology, and marketing and argues that, in the context of contemporary American society, the normative principles of deliberative democracy and formal …