Law Commons^™

The Wholesale Problem With Congress: The Dangerous Decline Of Expertise In The Legislative Process, Rachel E. Barkow

Fordham Law Review

It is no surprise to anyone that Congress has become a hyperpartisan battleground where little effort is expended to promote policies that work for Americans. While Congress has always viewed policy issues through the lens of party politics, the role of nonpartisan expertise in the legislative process is at an all-time low. The disrespect for experts is growing across society, but the decline in their use is particularly troubling in Congress because it exacerbates deficiencies that are inherent to the legislative process. Congress passes laws of general applicability and does not sit in judgment of specific applications of the law. …

Something Old, Something New: Forecasting Willing Buyer/Willing Seller’S Impact On Songwriter Royalties, Daniel Abowd

Fordham Intellectual Property, Media and Entertainment Law Journal

Mechanical royalties payable to songwriters for digital reproductions of their works on services such as Spotify and Apple Music are determined through a convoluted quasi-trial in front of an administrative body called the Copyright Royalty Board (“CRB”). The CRB is itself governed by statutory rate standards that constrain the types of evidence and analyses it may consider when setting royalty rates.

In 2018, Congress passed a much-heralded, consensus piece of music legislation called the Music Modernization Act (“MMA”). The MMA attacked a broad swath of issues across the music industry, including, most visibly, establishing a blanket license for digital mechanical …

Should They Stay Or Should They Go? African Cultural Goods In France’S Public Domain, Between Inalienability, Transfers, And Circulations, Clara Cassan

Fordham Intellectual Property, Media and Entertainment Law Journal

France’s colonialism over Subsharan Africa until the 1960s has had persistant psychological and material consequences. Amongst them is the lingering presence of a significant amount of African objects in French museum collections. In the last five years, Subsaharan African countries have reiterated their desire to receive parts of these collections. Through their “restitution requests,” they identify themselves as the objects’ legitimate owners and claim to have been robbed of their cultural property during colonialism.

The exact conditions under which each Subsaharan artifact arrived on French grounds—whether through theft, donations, sales, or looting—remain unsettled. Even where thefts can be proven, they …

Designing Dupes: A Legislative Proposal For Holding Online Marketplaces Contributorily Liable For Counterfeit Goods, Gina Boone

Fordham Intellectual Property, Media and Entertainment Law Journal

With a simple click on your favorite online marketplace, any consumer can unknowingly buy counterfeit goods. Counterfeits are no longer limited to fake luxury bags on the streets of Chinatown. These dupes can be roller skates, children’s toys, and even car tires. However, counterfeit products’ impact reaches far beyond just consumer health and safety. Counterfeiting negatively affects small businesses, imposes financial burdens, and causes reputational damage. Online marketplaces are aware of the increase of counterfeit products on their websites. Yet, they continue to facilitate its growth because it is unlikely the online platforms will be held liable for the sale …