Law Commons^™

Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams

Stephen F Ross

This casebook introduces students to the fundamentals of labor, antitrust, and intellectual property law as applied in the professional and amateur sporting industries. It covers the unique office of the league commissioner and special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the peculiar institution of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of commercialized college athletics governed by the NCAA and how law impacts individual sports like golf, tennis and boxing; as …

Contract Lex Rex : Towards Copyright Contract's Lex Specialis, Giuseppina D'Agostino

Giuseppina D'Agostino

No abstract provided.

Institutional Choice & Interest Groups In The Development Of American Patent Law: 1790-1865, Andrew Morriss, Craig Nard

Andrew P. Morriss

This paper analyzes the evolution of U.S. patent law between the first patent act in 1790 and 1870, the passage of the last major patent act of the nineteenth century. During most of the nineteenth century, patent law developed in the courts, and instrumental to this development were a relatively small patent bar, a subset of the judiciary, and several repeat parties who played a role in a significant proportion of patent cases. Yet at several junctures, most importantly with the major changes introduced in 1836, but also through minor statutory changes throughout the nineteenth century, Congress intervened to alter …

Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third-Sector Enterprise, Elizabeth Spencer, Francina Cantatore

Francina Cantatore

Effective intellectual property (IP) management is an important aspect of good governance. There has been little research on IP management in the third sector and the challenges faced by these enterprises in developing, managing and protecting IP. This article explores the landscape of IP in third-sector enterprise. It outlines the challenges in developing and managing IP. and the reasons why IP may be under-managed. From a theoretical perspective this article will contribute to the literature available in this field and provide a foundation for further research. Debate about IP taw is polarised, but it is hoped that "a balanced approach …

Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third Sector Organisations, Elizabeth Spencer, Francina Cantatore

Francina Cantatore

No abstract provided.

Imagining The Law, Christine Farley

Christine Haight Farley

Law’s relations to art--to its creation, its production, and dissemination, its restriction as well as to commercial and contractual agreements about art works—are as multiform and complex as the category of art itself. Acknowledging that there is no discrete body of law that governs art, the author defines art law as “the survey of legal issues raised by art, artist, and the art world” and surveys four central themes: the law as art, the law of art, the law of creativity, and the collision of art and law. Any legal dispute about art usually evokes a plea for special legal …

"Offer To Sell" As A Policy Tool, Lucas S. Osborn

Lucas S. Osborn

Gone are the days when the term “offer” is confined to first-year contracts courses and the intricacies of contract formation. The offer concept has quietly migrated throughout the law. It now regulates behavior in areas as diverse as criminal law, environmental law, securities law, and intellectual property law. Despite its wide diffusion, the offer concept remains largely unstudied as a legal concept outside of its contract-law environment. This Article begins to fill that gap. The Article begins by deconstructing the meaning of a traditional contract-law “offer” to determine its policy role in contract law, and then compares that role with …

Best Practices For Drafting University Technology Assignment Agreements After Filmtec, Stanford V. Roche, And Patent Reform, Parker Miles Tresemer

Parker Tresemer

Since the end of World War II, federally funded universities and private companies have been an integral part of continued American innovation and technological production. However, like most rational economic actors, universities and private companies are only willing to invest in federally funded technologies if they are guaranteed some sort of exclusive return on their investment. By granting federal contractors exclusive patent rights to their employee’s federally funded inventions, the Bayh-Dole Act provided the necessary incentives for private sector investment in federally funded technologies. However, case law subsequent to Bayh-Dole’s enactment has significantly undermined the system of incentives Congress intended …

Everything Is Connected, Kembrew Mcleod

Kembrew McLeod

The article discusses U.S. copyright law and the copyright clearance system, focusing on the author's documentary film "Copyright Criminals," which aired on Public Broadcasting System (PBS). It explores sampling and collage in audiovisual media, commenting on use of the practice by hip-hop group Public Enemy. Other topics include the Washington, D.C. Center for Social Media, intellectual property, and fair use. The author also examines his book "Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property" and a prank in which he successfully copyrighted the phrase "Freedom of Expression"

Intellectual Property And Consumer Law, Andrea Stazi, Davide Mula

Andrea Stazi

Knowledge economy is led by - and leads, at the same time - a sudden and never-ending acceleration of the technological growth and the consequent development of means of social and business relationships. In this framework, the regulation of the suppliers’ right of access to the network and the consumers/users’ right of access to digital works constitutes the main challenge that lawmakers and competent authorities shall undertake. As specifically concerns the business relations between suppliers and consumers, while the former aim at providing goods and services without limits and receiving fair prices for them, the latter look forward to participating …

Hidden Engines Of Destruction, Andrea Matwyshyn

Andrea Matwyshyn

This article explores whether a duty to warn should exist in the context of digital products. It argues in favor of creating a “reasonable expectation of code safety.” Section I explains the dominant ways that digital products can harm consumers through their code and not their content, focusing on functionality and information security harms. Section II reviews existing regulation of digital products and highlighted their focus on improving information parity and consumer control over digital product relationships. Section II then sets forth the scope of the duty to warn and protect from harms in real space owed by possessors of …

Grundläggande Immaterialrätt, Ulrika Wennersten, Ulf Maunsbach

Ulrika Wennersten

No abstract provided.

Internet Killed The Copyright Law: Perfect 10 V. Google And The Devastating Impact On The Exclusiive Right To Display, Deborah B. Morse

Deborah Brightman Morse

Never has the dissonance between copyright and innovation been so extreme. The Internet provides enormous economic growth due to the strength of e-commerce, and affords an avenue for creativity and the wide dissemination of information. Nevertheless, the Internet has become a plague on copyright law. The advent of the digital medium has made the unlawful reproduction, distribution, and display of copyrighted works essentially effortless. The law has been unable to keep pace with the rapid advance of technology. For the past decade, Congress has been actively attempting to draft comprehensible legislation in an effort to afford copyright owners more protection …

Plain Language Patents, Robin C. Feldman

Robin C Feldman

Law is a process of Bounded Adaptation. The law that exists at any given moment is constantly driven to adapt to changing circumstances within the framework of what has gone before. The boundaries of that framework are policed by the necessity of articulating an interpretation in a way that gains general acceptance. It is the need to effectively articulate a common logic that mitigates the distortion of personal perspective.

This process of Bounded Adaptation cannot proceed effectively without an adequately structured dialogue that will promote the flow of information and analysis. Nowhere is this dialogue more challenging than at the …

A Technological Theory Of The Arms Race, Lee B. Kovarsky

Lee Kovarsky

Although the 'technological arms race' has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are 'technological' arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down? In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on …

International Antitrust And The Wto: The Lesson From Intellectual Property, Andrew Guzman

Andrew T Guzman

No abstract provided.

Escape From Copyright: Market Success Vs. Statutory Failure In The Protection Of Expressive Works, Tom W. Bell

Tom W. Bell

Copyright law, originally excused as a necessary evil, threatens now to become an inescapable burden. Because state and common law rights seemed inadequate to protect expressive works from unrestricted copying, the Founders expressly authorized federal copyright legislation. Lawmakers have read that constitutional mandate liberally. Each new version of the Copyright Act has embodied longer, broader, and more powerful legal protections. Meanwhile, private initiatives have developed increasingly effective means of safeguarding copyrighted works. Alarmed that these dual trends benefit copyright owners at too great an expense to the public interest, many commentators argue that the Copyright Act should limit and preempt …

Our Data, Ourselves: Privacy, Propertization, And Gender , Ann Bartow

Ann Bartow

This Article starts by providing an overview of the types of personal data that is collected via the Internet, and the ways in which this information is used. The author asserts that because women are more likely to shop and share information in cyberspace, the impact of commodification of personal data disproportionately impacts females, enabling them to be "targeted" by marketing campaigns, and stripping them of personal privacy. The author then surveys the legal terrain of personal information privacy, and concludes that it is unlikely that the government will step in to provide consumers with substantive privacy rights or protections. …