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Full-Text Articles in Law

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc Jan 1985

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

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The Validity Of The Manufacturing Clause Of The United States Copyright Code As Challenged By Trade Partners And Copyright Owners, Annette V. Tucker Jan 1985

The Validity Of The Manufacturing Clause Of The United States Copyright Code As Challenged By Trade Partners And Copyright Owners, Annette V. Tucker

Vanderbilt Journal of Transnational Law

Trade treaty partners recently have determined that the manufacturing clause violates United States obligations under the General Agreement on Tariffs and Trade (GATT). If the clause does violate GATT, sanctions may be imposed unless the clause is eliminated. Even so, two bills have been introduced in the United States Congress to make the clause a permanent feature of the copyright law, and to apply the manufacturing requirement to all printed materials. Meanwhile, a group of United States publishers and authors is challenging the clause in court, claiming it violates both the first and fifth amendments to the United States Constitution. …

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Renewal Of The Gsp: An Explanation Of The Program And Changes Made By The 1984 Legislation, Frank A. Hirsch, Jr. Jan 1985

Renewal Of The Gsp: An Explanation Of The Program And Changes Made By The 1984 Legislation, Frank A. Hirsch, Jr.

Vanderbilt Journal of Transnational Law

This Note outlines the purpose, scope and operation of the GSP from 1976 until 1984. Both the initial authorizing legislation and the 1984 Trade Act are analyzed. The 1979 modifications made in the Trade Agreement Act are briefly discussed where they are relevant. The 1984 Trade Act changes are detailed, with commentary on the manner in which the renewed GSP differs materially from prior law, and with discussion of the underlying policies and significance of the changes. The Note concludes with comments on the diverse objectives of the United States GSP scheme, its evolving nature, and prospects for continuation of …

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Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack Jan 1985

Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack

Cardozo Law Review

No abstract provided.

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The Copyright Monopoly After Sony Corp. Of America V. Universal City Studios, Inc. Jan 1985

The Copyright Monopoly After Sony Corp. Of America V. Universal City Studios, Inc.

Touro Law Review

No abstract provided.

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Reforms And Innovations Regarding Authors' And Performers' Rights In France: Commentary On The Law Of July 3, 1985, Jane C. Ginsburg Jan 1985

Reforms And Innovations Regarding Authors' And Performers' Rights In France: Commentary On The Law Of July 3, 1985, Jane C. Ginsburg

Faculty Scholarship

Following thirteen months of parliamentary deliberations, on July 3, 1985, France enacted a law which brings major reforms and additions to its copyright act of March 11, 1957. The new law becomes effective on January 1, 1986. Among the French modernizations and innovations discussed in this Article are the new law's provisions regarding: computer software protection and ownership; royalties for home taping of audio and audiovisual works; and the recognition and regulation of "neighboring rights." These provisions extend statutory protection for the contributions of performing artists, and also accord reproduction and performance rights to the producers of phono- and videograms. …

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Authors' Rights In France: The Moral Right Of The Creator Of A Commissioned Work To Compel The Commissioning Party To Complete The Work, André Françon, Jane C. Ginsburg Jan 1985

Authors' Rights In France: The Moral Right Of The Creator Of A Commissioned Work To Compel The Commissioning Party To Complete The Work, André Françon, Jane C. Ginsburg

Faculty Scholarship

The French law protecting authors' rights incorporates two distinct regimes of rights, "pecuniary" rights, and "moral" rights. As the denomination indicates, pecuniary rights pertain to the author's economic interests, and provide the author a monopoly in the reproduction and public performance of his work. Moral rights safeguard the author's "personality" interest in his work. Despite the appellation "moral" rights, the author's claims under French law to the security of his personality as expressed in his work are not precatory: moral rights entail several distinct and enforceable interests. These are: the right to make the work known to the public "droit …

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Note On Singer's The Legal Rights Debate In Analytical Jurisprudence From Betham To Hohfeld - 1984, Wendy J. Gordon Dec 1984

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.

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Note On Goetz's Law And Economics: Cases And Materials - 1984, Wendy J. Gordon Dec 1984

Note On Goetz's Law And Economics: Cases And Materials - 1984, Wendy J. Gordon

Scholarship Chronologically

No abstract provided.

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Protecting Intellectual Property In Taiwan—Non-Recognized United States Corporations And Their Treaty Right Of Access To Courts, Michael M. Hickman Dec 1984

Protecting Intellectual Property In Taiwan—Non-Recognized United States Corporations And Their Treaty Right Of Access To Courts, Michael M. Hickman

Washington Law Review

As global trade grows, intellectual property rights become increasingly important. United States corporations must often seek redress for infringement of their intellectual property rights in foreign forums. Taiwan has an international reputation for commercial counterfeiting. United States corporations with no presence in Taiwan are sometimes victims of infringement there. This Note describes the problems a non-recognized United States corporation presently faces in protecting its intellectual property rights in Taiwan and proposes a solution embodied in the United States-Republic of China (ROC) Treaty of Friendship, Commerce, and Navigation (FCN Treaty). A criminal case instituted by Apple Computer in Taiwan illustrates the …

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Protecting Research: Copyright, Common-Law Alternatives, And Federal Preemption, David E. Shipley, Jeffrey S. Hays Nov 1984

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.

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Park 'N Fly, Inc. V. Dollar Park And Fly, Inc., Lewis F. Powell Jr. Oct 1984

Park 'N Fly, Inc. V. Dollar Park And Fly, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Mills Music, Inc. V. Snyder, Lewis F. Powell Jr. Oct 1984

Mills Music, Inc. V. Snyder, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Dowling V. United States, Lewis F. Powell, Jr. Oct 1984

Dowling V. United States, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

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Harper & Row, Publishers, Inc. V. Nation Enterprises, Lewis F. Powell Jr. Oct 1984

Harper & Row, Publishers, Inc. V. Nation Enterprises, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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The Challenge Of Computer-Crime Legislation: How Should New York Respond?, Amalia M. Wagner Oct 1984

The Challenge Of Computer-Crime Legislation: How Should New York Respond?, Amalia M. Wagner

Buffalo Law Review

No abstract provided.

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Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy Oct 1984

Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy

Faculty Publications

No abstract provided.

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Note On The House Of Cards: Revisiting Calabresi's Cathedral - 1984, Wendy J. Gordon Sep 1984

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.

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A Common Law For The Ages Of Intellectual Property, Dan Rosen Sep 1984

A Common Law For The Ages Of Intellectual Property, Dan Rosen

University of Miami Law Review

This Article maintains that the rapid pace of technological advances requires that courts take an activist posture in intellectual property cases by updating the Copyright Act and the Patent Law instead of awaiting congressional response.

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Litigating The Validity And Infringement Of Software Patents, William L. Anthony, Jr., Robert C. Colwell Sep 1984

Litigating The Validity And Infringement Of Software Patents, William L. Anthony, Jr., Robert C. Colwell

Washington and Lee Law Review

No abstract provided.

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Copyrightability Of Computer Operating Systems Sep 1984

Copyrightability Of Computer Operating Systems

Washington and Lee Law Review

No abstract provided.

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Fair Use In Commercial Advertising Sep 1984

Fair Use In Commercial Advertising

Washington and Lee Law Review

No abstract provided.

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Satellite/Dish Antenna Technology: A Copyright Owner's Dilemma, Sydnee Robin Singer Jul 1984

Satellite/Dish Antenna Technology: A Copyright Owner's Dilemma, Sydnee Robin Singer

Indiana Law Journal

No abstract provided.

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Patenting Inventions That Embody Computer Programs Held As Trade Secrets—White Consolidated Industries V. Vega Servo-Control, 713 F.2d 788 (Fed. Cir. 1983), Ellen Lauver Weber Jul 1984

Patenting Inventions That Embody Computer Programs Held As Trade Secrets—White Consolidated Industries V. Vega Servo-Control, 713 F.2d 788 (Fed. Cir. 1983), Ellen Lauver Weber

Washington Law Review

An inventor develops a numerical control system that allows a computer program to control the complex operation of machine tools such as drill bits. One of the elements in the numerical control system is a trade secret available only from the inventor. The inventor would like to patent the system as a whole, but an inventor must generally disclose how the invention works in order to obtain a patent. Must this inventor completely disclose how the trade secret works in order to obtain a patent on the whole system? The Federal Circuit Court of Appeals said "yes" in White Consolidated …

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The Freelancer's Trap: Work For Hire Under The Copyright Act Of 1976, Johanna Fisher Stewart Jun 1984

The Freelancer's Trap: Work For Hire Under The Copyright Act Of 1976, Johanna Fisher Stewart

West Virginia Law Review

No abstract provided.

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Fair Use Old And New: The Betamax Case And Its Forebears, M. B. W. Sinclair Apr 1984

Fair Use Old And New: The Betamax Case And Its Forebears, M. B. W. Sinclair

Buffalo Law Review

No abstract provided.

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The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg Apr 1984

The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg

Articles

The article explores William Faulkner's portrayal of Gavin Stevens, a fictional lawyer, highlighting his evolution as a character and his unique place within the tradition of literary lawyer figures. The analysis focuses on Gavin's development in The Town, where he learns the value of silence and observation, distinguishing him from other lawyers in literature who often remain static in their personal growth. The article situates Gavin within a broader literary context, comparing him to characters from works by authors like Dickens and Twain, and argues for his significance as a complex and sympathetic character.

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The Proposed Repeal Of The Financial Interest And Syndication Rules: Network Domination Or Public Interest Representation, Evie L. Klintzer Jan 1984

The Proposed Repeal Of The Financial Interest And Syndication Rules: Network Domination Or Public Interest Representation, Evie L. Klintzer

UC Law SF Communications and Entertainment Journal

In 1970, the Federal Communications Commission (FCC) adopted the Financial Interest and Syndication Rules (FISR) and the Prime Time Access Rule to increase programming diversity and permit independent producers greater access to prime time viewing hours. Now, fourteen years later, the FCC is seeking repeal of the FISR and deregulation of network affiliation in the syndication of independently produced programs. The author carefully examines the changes occurring in the television industry since the adoption of the FISR and the arguments favoring and opposing the proposed repeal, concluding that the FISR should be retained.

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An Overview Of Sex Discrimination In Amateur Athletics, Jeffrey K. Riffer Jan 1984

An Overview Of Sex Discrimination In Amateur Athletics, Jeffrey K. Riffer

UC Law SF Communications and Entertainment Journal

Sex-based discrimination in interscholastic sports has recently been challenged by both male and female athletes. The courts have reached conflicting decisions as to whether such discrimination should be allowed and, if so, under what circumstances. The author analyzes the constitutional and statutory bases of these decisions. The author argues that this area remains in confusion because many of these decisions inadequately consider the issues involved or are based on stereotypical views of male and female athletic ability.

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The Seven-Year Itch: California Labor Code Section 2855, Jonathan Blaufarb Jan 1984

The Seven-Year Itch: California Labor Code Section 2855, Jonathan Blaufarb

UC Law SF Communications and Entertainment Journal

California Labor Code section 2855 applies a seven-year limit to the enforceability of personal service contracts. This note discusses section 2855 as it applies to the unique contractual practices of the entertainment industry, particularly the industry's use of mid-term contractual extensions and agreements. The author analyzes the courts' application of section 2855 in two representative cases and concludes that greater statutory guidance is needed in order for the courts to better interpret section 2855. The author suggests that an interpretive provision be added to section 2855 to create a "rebuttable presumption" that a personal service contract which is renegotiated mid-term …

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