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Articles 181 - 183 of 183
Full-Text Articles in Law
Copyright And Democracy: A Cautionary Note, Christopher S. Yoo
Copyright And Democracy: A Cautionary Note, Christopher S. Yoo
All Faculty Scholarship
Democratic theories of copyright have become quite the rage in recent years. A growing number of commentators have offered their views on the relationship between copyright law and the process of self-governance.' No scholar has been more committed to developing this perspective than Neil Netanel. In an important series of articles, Netanel has pursued a powerful and innovative project that attempts to reexamine copyright through the lens of democratic theory. His core concern is that the concentration of private wealth and power in communications and mass media is creating unprecedented disparities in the ability to be heard. The ""speech hierarchy"" …
The Myth Of Private Ordering: Rediscovering Legal Realism In Cyberspace, Margaret Jane Radin, R. Polk Wagner
The Myth Of Private Ordering: Rediscovering Legal Realism In Cyberspace, Margaret Jane Radin, R. Polk Wagner
All Faculty Scholarship
While Cyberspace is, by now, well-recognized as a social and commercial environment of great promise, there is considerable debate about the form of governance that will best meet the needs of this new medium. Much of the present discussion casts this debate in stark terms?"top-down" hierarchical rules versus spontaneous "bottom-up" coordination?with self-ordering based on contracts and private agreements rather than public laws appearing both preferable and more likely to evolve. Following up on arguments presented by Professors Fisher and Elkin-Koren in this symposium, Radin and Wagner point out that the dichotomy between top-down and bottom-up obscures that a self-ordering regime …
Fair Use, Efficiency, And Corrective Justice, Gideon Parchomovsky
Fair Use, Efficiency, And Corrective Justice, Gideon Parchomovsky
All Faculty Scholarship
No abstract provided.