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Full-Text Articles in Law
A Personal Note, Debra A. Livingston
A Personal Note, Debra A. Livingston
Faculty Scholarship
It's a pleasure to introduce this issue honoring Columbia's most lovable curmudgeon. What can I say about the Harlan Fiske Stone Professor of Law? I should acknowledge, at the start, Henry's profound intellectual contribution to Columbia and to the law. There are not many of us who can say, with justification, that we've written the Greatest Hits of Public Law Scholarship over the course of our careers. And few of us have made individual contributions that equal "Constitutional Common Law," "Marbury and the Administrative State," "We the People[s]," "Stare Decisis," or "The Constitution Goes to Harvard." Henry is unusual among …
A Common Lawyer's Perspective On Contrefaçon, Jane C. Ginsburg
A Common Lawyer's Perspective On Contrefaçon, Jane C. Ginsburg
Faculty Scholarship
Contrefaçon in French copyright law examines the scope of French copyright through the lens of remedies. Contrefaçon is the act to which certain civil and criminal sanctions attach. Viewed from this angle, the history of French copyright law tells a tale of the slow emergence of a unified concept of the wrongful act, covering not only the manufacturing of copies but also public performances, live and through transmissions. The emphasis on contrefaçon reveals the continuity of the revolutionary authors' right of 1793 with the ancient régime of printing regulation, with unauthorized production of physical copies of books remaining the essence …