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Articles 1 - 11 of 11
Full-Text Articles in Law
Draft Of The Concept Of "Harm" In Copyright - 2013, Wendy J. Gordon
Draft Of The Concept Of "Harm" In Copyright - 2013, Wendy J. Gordon
Scholarship Chronologically
This essay examines the tort of copyright infringement. It argues that the ideas of "harm" and "fault" already play a role in the tort’s functioning, and that an ideally reformulated version of the tort should perhaps give a more significant role to “harm.” The essay therefore examines what “harm” can or should mean, reviewing four candidates for cognizable harm in copyright law (rivalry-based losses, foregone fees, loss of exclusivity, and subjective distress) and canvassing three philosophical conceptions of “harm” (counterfactual, historical-worsening, and noncomparative). The essay identifies the appropriateness vel non of employing, in the copyright context, each harm-candidate and each …
The Economics Of Copyright, Robert G. Bone, Wendy J. Gordon
The Economics Of Copyright, Robert G. Bone, Wendy J. Gordon
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Copyright law protects works of creative expression. At its relatively uncontroversial core lie songs, plays, novels, paintings, and other works of aesthetic value. But copyright is not confined solely to aesthetic subject matter; in many countries, it extends to works of fact, such as biographies, maps, and telephone directories, and to works with practical value. For example, one of the most controversial issues in copyright law today is whether and how much copyright should protect computer programs.
What's Art Got To Do With It?, Wendy J. Gordon
What's Art Got To Do With It?, Wendy J. Gordon
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I would like to thank the Cardozo LR for their invitation to speak, and all those who have taken the time to discuss this issue w[ith] me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.
Letter From Professor Geoffrey P. Miller, Geoffrey P. Miller
Letter From Professor Geoffrey P. Miller, Geoffrey P. Miller
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The article on blackmail's central case is very good. Given the divergence of views about the nature and purposes of blackmail, focusing on the central case where the competing theories converge is a creative and fruitful intellectual move.
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 1/11/1993, Wendy J. Gordon
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 1/11/1993, Wendy J. Gordon
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Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-10-1993, Wendy J. Gordon
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-10-1993, Wendy J. Gordon
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The doctrine of double effect (DDE) and my suggested correlative, the doctrine of single effect (DSE), suggest that no significance should be given to either the lawful nature of the threat or the potentially beneficial side-effects of blackmail. Under DSE, the blackmailer violates deontological constraints if he threatens disclosure in an intent to obtain money or other advantage because, inter alia, were he to have alternative threats available he would threaten anyway. The nature of the threat is outside the intent of the blackmailer in the same way the killing of civilians is outside the intent of the strategic bomber. …
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-04-1993, Wendy J. Gordon
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-04-1993, Wendy J. Gordon
Scholarship Chronologically
Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.
Truth And Consequences: The Force Of Blackmail - Outline - 01-02-1993, Wendy J. Gordon
Truth And Consequences: The Force Of Blackmail - Outline - 01-02-1993, Wendy J. Gordon
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This paper: To show what we agree on by explication of the deontologic justification for blackmail prohibitions. In the process· to make the deontologic nature of bmail clearer; to show how the deont & consequentialist approaches agree on the central case; to defend the criminaliz of the central case in liberal (non-libertarian) terms; to provide some tentative observations on the non-central cases
Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft - 12-31-1992, Wendy J. Gordon
Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft - 12-31-1992, Wendy J. Gordon
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Blackmail law can impact on the belief structures (moralisms) and behaviors of both the potential criminal and the potential victim; it also can affect the conceptual and value structures of lawyers and other societal onlookers. These issues surrounding what one might call the "symbolic" virtues of outlawing the act of blackmail may help to explain why blackmail law seems relatively unconcerned with the well-being of the victim.
Defining The Prisoners' Dilemma, Wendy J. Gordon
Defining The Prisoners' Dilemma, Wendy J. Gordon
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Formally, a prisoner's dilemma is defined as follows: There are two participants symmetrically situated. For each player, her payoff if she refuses to cooperate with the other player is higher than her payoff would be if she cooperated, and this is true whether the other chooses to cooperate, or chooses to defect. If both cooperate, her payoff will be higher than if both defect.
Letter To Bruce Ackerman, Wendy J. Gordon
Letter To Bruce Ackerman, Wendy J. Gordon
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I shall be heading back to Rutgers for classes shortly, and I'm sending you a draft of the "Copyright and Copy-privilege" piece in the hope of receiving some additional comments before I enter into the final "polishing" stages later this month. As you know from my last note, the suggestions you made have proved extremely useful -- the title is the least of it. Among other things, your suggestions for reorganization led, indirectly, to a way of unifying the piece on copyright and contract with another piece I've been working on, regarding copyright and tort. I'm very pleased with the …