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Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen Oct 2011

Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen

Alfred C. Yen

In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright’s development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright’s natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.


Early Scholarship Offers And The Ncaa, Alfred C. Yen Feb 2011

Early Scholarship Offers And The Ncaa, Alfred C. Yen

Alfred C. Yen

Over the last few years, many NCAA Division I universities have begun offering athletic scholarships to progressively younger student-athletes. Both student-athletes and institutions have much to gain from early informal athletic scholarships. This Article argues, however, that the costs of these early scholarships outweigh the benefits for both student-athletes and institutions. Although the NCAA has laudably begun the process of curbing informal scholarship deals with underclassmen, this Article argues that existing practices are unlikely to change unless the NCAA adopts regulatory strategies fundamentally different from simple prohibitions of the sort recently considered and rejected. Real reform will be difficult to …


Early Scholarship Offers And The Ncaa, Alfred C. Yen Feb 2011

Early Scholarship Offers And The Ncaa, Alfred C. Yen

Alfred C. Yen

Over the last few years, many NCAA Division I universities have begun offering athletic scholarships to progressively younger student-athletes. Both student-athletes and institutions have much to gain from early informal athletic scholarships. This Article argues, however, that the costs of these early scholarships outweigh the benefits for both student-athletes and institutions. Although the NCAA has laudably begun the process of curbing informal scholarship deals with underclassmen, this Article argues that existing practices are unlikely to change unless the NCAA adopts regulatory strategies fundamentally different from simple prohibitions of the sort recently considered and rejected. Real reform will be difficult to …