Law Commons^™

Identity Appropriation And Wealth Transfer: Twain, Cord, And The Post-Mortem Right Of Publicity, Alyssa A. Dirusso, Timothy J. Mcfarlin

ACTEC Law Journal

In 1874, Mark Twain published “A True Story, Repeated Word for Word as I Heard It” in the Atlantic Monthly. Although he called the storyteller “Aunt Rachel,” it was told to him by Mary Ann Cord—who worked as a cook in the home of Twain’s sister-in-law—based on her own life. Cord was enslaved from birth, then torn from her husband and children at an auction block. Years later, she miraculously reunited with her youngest son, Henry, when, as a solider in the Union army, he liberated her from slavery. Twain proceeded to write Cord's story down from memory, organizing the …

The Fundamental Right To Technology, Haochen Sun

Hofstra Law Review

Waves of technological progress in recent decades have tremendously improved quality of life. Meanwhile, concerns about technology-driven injustices, such as unfair distribution of wealth and racial discrimination, have deepened. Experts have cautioned that new technologies could have potentially devastating effects, claiming for instance that artificial intelligence may lead to World War III. We are at a crossroads, and how we harness technology now will determine the future of humanity.

This Article presents a thought experiment, proposing that a new fundamental right to technology be recognized under the U.S. Constitution. Given that technology is of fundamental importance to human dignity and …

Nash Bargaining Solution And Its Generalizations In Intellectual Property Litigation: Virnetx And An Analysis Of The Court's Decision, Rajeev R. Bhattacharya

Journal of International Business and Law

I explain the Nash Bargaining Solution and its generalizations. I discuss their pros and cons in the context of intellectual property litigation. I then provide a description and analysis of the Court's decision in VirnetX from this perspective.

Capital Gains Jabberwocky: Capital Gain, Intangible Property, And Tax, Stephen T. Black

Hofstra Law Review

In the current US tax system, capital gains are taxed at a lower rate than ordinary income. What does that mean for the sale of IP and intangible assets? Is it possible to convert ordinary income to capital gain by changing the form of the transaction?

This article will address anomalies in the tax characterization of intangible assets. Four cases will be presented, each of which, arguably, could consistently produce capital gains. As will be shown, however, the treatment of these cases (and others) is anything but consistent. At the conclusion of the four cases, it should be clear that …

Embryonic Stem Cells, Intellectual Property, And Patents: Ethical Concerns, Samuel Packer

Hofstra Law Review

No abstract provided.

The Antitrust/Intellectual Property Interface: An Emerging Solution To An Intractable Problem, Daniel J. Gifford

Hofstra Law Review

No abstract provided.

Days Of Our Lives: The Impact Of Section 197 On The Depreciation Of Copyrights, Patents, And Related Property, Mary Lafrance

Hofstra Law Review

No abstract provided.