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Articles 1 - 8 of 8
Full-Text Articles in Law
Identity Appropriation And Wealth Transfer: Twain, Cord, And The Post-Mortem Right Of Publicity, Alyssa A. Dirusso, Timothy J. Mcfarlin
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 …
Nash Bargaining Solution And Its Generalizations In Intellectual Property Litigation: Virnetx And An Analysis Of The Court's Decision, Rajeev R. Bhattacharya
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.
The Fundamental Right To Technology, Haochen Sun
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 …
Tried And True: Fair Use Tales For The Telling, Sarah E. Mccleskey, Courtney L. Selby
Tried And True: Fair Use Tales For The Telling, Sarah E. Mccleskey, Courtney L. Selby
Hofstra Law Faculty Scholarship
On Thursday, March 1, 2018, the Harvard Library Office for Scholarly Communication hosted “Tried and True: Fair Use Tales for the Telling,” a one-day program celebrating Harvard’s Fifth Anniversary of Fair Use Week. Leading fair use scholars and practitioners shared their stories and engaged in lively discussion about the powerful and flexible fair use provision of the Copyright Act and its applications. Topics included treatment of the fair use doctrine in recent jurisprudence, conflicts over the use of visual works in remixes and mash-ups, academic work and social commentary, filmmaking, controlled digital lending practices in libraries, software preservation, and more. …
Capital Gains Jabberwocky: Capital Gain, Intangible Property, And Tax, Stephen T. Black
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
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
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
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.