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Articles 1 - 18 of 18
Full-Text Articles in Law
Note On Singer's The Legal Rights Debate In Analytical Jurisprudence From Betham To Hohfeld - 1984, Wendy J. Gordon
Note On Singer's The Legal Rights Debate In Analytical Jurisprudence From Betham To Hohfeld - 1984, Wendy J. Gordon
Scholarship Chronologically
The economic realm is the area in which these sorts of privileges are most obviously to be found; it is in the economic realm that the evidence of "damnum absque injuria" began to accumulate, leading Homes, Salmond and others to recognize that the legal system did sometimes allow persons to inflict harm on others.
Note On Goetz's Law And Economics: Cases And Materials - 1984, Wendy J. Gordon
Note On Goetz's Law And Economics: Cases And Materials - 1984, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
Protecting Research: Copyright, Common-Law Alternatives, And Federal Preemption, David E. Shipley, Jeffrey S. Hays
Protecting Research: Copyright, Common-Law Alternatives, And Federal Preemption, David E. Shipley, Jeffrey S. Hays
Scholarly Works
Under federal copyright law, an author's expression is protected but his ideas and discoveries are not. Professor Shipley explores the possibility of expanding copyright to protect the research of nonfiction authors, but concludes that such an expansion would undermine federal copyright policy. State-law remedies exist that will provide such protection if they are not preempted by federal law. Professor Shipley concludes that most contract claims and some misappropriation claims will survive preemption and therefore are a means by which nonfiction authors can protect their research.
Park 'N Fly, Inc. V. Dollar Park And Fly, Inc., Lewis F. Powell Jr.
Park 'N Fly, Inc. V. Dollar Park And Fly, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mills Music, Inc. V. Snyder, Lewis F. Powell Jr.
Mills Music, Inc. V. Snyder, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Dowling V. United States, Lewis F. Powell, Jr.
Dowling V. United States, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Harper & Row, Publishers, Inc. V. Nation Enterprises, Lewis F. Powell Jr.
Harper & Row, Publishers, Inc. V. Nation Enterprises, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy
Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy
Faculty Publications
No abstract provided.
Note On The House Of Cards: Revisiting Calabresi's Cathedral - 1984, Wendy J. Gordon
Note On The House Of Cards: Revisiting Calabresi's Cathedral - 1984, Wendy J. Gordon
Scholarship Chronologically
No one has taught us as much about law and economics as Calabresi, and nowhere so much as in the "Property Rights" article he wrote with Douglas Melamed twenty years ago. While the insights of that piece still retain their clarifying power, it's time for a reassessment. In giving us a newly empowered vocabulary and a mode of analysis, Calabresi and Melamed gave us a somewhat flawed picture of the world.
Outline Of Issues Key: Revised Version - 1984, Wendy J. Gordon
Outline Of Issues Key: Revised Version - 1984, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon
Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon
Scholarship Chronologically
My analysis now looks something like this: Some entitlements should be "prima facie" protectible from invasion. That means that there are some entitlements which the owner should be able to protect even if he or she is unable to prove (a) that protection is in the net social interest or (b) that the invader's action is deserving of punishment. I would call these entitlements "property".
Patent Arbitration: Past, Present And Future, Thomas G. Field Jr
Patent Arbitration: Past, Present And Future, Thomas G. Field Jr
Law Faculty Scholarship
Most attorneys have heard of arbitration, but few have more than a vague idea of what it is or have any experience with it. Patent attorneys are no exception, and many are no doubt wondering about the implications of §294. It was enacted in August of 1982, and went into effect in February 1983: Why was it needed and passed, and what does it mean?
Draft Of Conceptual/Linguistic Analysis - 1984, Wendy J. Gordon
Draft Of Conceptual/Linguistic Analysis - 1984, Wendy J. Gordon
Scholarship Chronologically
Conceptually, what I'm interested in here is the extent to which the labels “tort” and “property” have utility. So I am interested in discovering also what these categories mean, how they can be used, and the danger in their misuse.
Note On Caselaw Showing The “Property” Issue - 1984, Wendy J. Gordon
Note On Caselaw Showing The “Property” Issue - 1984, Wendy J. Gordon
Scholarship Chronologically
The "misappropriation as property" issue has surfaced in Lanham Act
Copyright Law, David Goldberg, Jane C. Ginsburg
Copyright Law, David Goldberg, Jane C. Ginsburg
Faculty Scholarship
In 1983 and 1984 the federal courts continued to interpret the changes in copyright law effectuated by the 1976 Copyright Act. During this period the United States Supreme Court decided its first copyright case since adoption of the 1976 Act. In general, the year's decisions tend to accord expanded copyright protection to authors. Several decisions, however, have provoked or exacerbated uncertainties in a number of areas, including the protection accorded nonfiction works, the "fair use" excuse to copyright infringement, and compliance with the U.S. copyright formality of affixing notice to published copies of a work.
U.S. Software Protection: Problems Of Trade Secret Estoppel Under International And Brazilian Technology Transfer Regimes Note, Joel R. Reidenberg
U.S. Software Protection: Problems Of Trade Secret Estoppel Under International And Brazilian Technology Transfer Regimes Note, Joel R. Reidenberg
Faculty Scholarship
This note describes the fundamental aspects of software protection and applies the requisites of U.S. trade secret protection to software. After explaining how the UNCTAD and Brazilian transfer of technology regimes apply to software licensing arrangements, this note argues that software distribution under these regimes estops U.S. trade secret protection by defeating the requisites of secrecy and competitive advantage. Specifically, the effects of the UNCTAD Draft International Code of Conduct on the Transfer of Technology (UNCTAD Code) and the Brazilian technology transfer regulations are analyzed to demonstrate the difficulties posed by legal regimes being considered and already in force in …
Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz
Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz
Articles by Maurer Faculty
No abstract provided.
Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair
Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair
Articles by Maurer Faculty
No abstract provided.