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Full-Text Articles in Law
Private Enforcement, Stephen B. Burbank, Sean Farhang, Herbert Kritzer
Private Enforcement, Stephen B. Burbank, Sean Farhang, Herbert Kritzer
All Faculty Scholarship
Our aim in this Article is to advance understanding of private enforcement of statutory and administrative law in the United States and to raise questions that will be useful to those who are concerned with regulatory design in other countries. To that end, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development of private enforcement. We also set forth key elements of the general legal landscape in which decisions about private enforcement are made, aspects of which should be central to the choice of …
Copyright, Custom, And Lessons From The Common Law, Jennifer E. Rothman
Copyright, Custom, And Lessons From The Common Law, Jennifer E. Rothman
All Faculty Scholarship
In this essay prepared for the University of Pennsylvania’s conference on Intellectual Property and the Common Law, I build upon my work on custom and intellectual property. I focus here on one important facet of the subject — how longstanding common law principles should inform our understanding of custom. The common law provides a number of lessons on how to appropriately limit the consideration of custom in intellectual property law and elsewhere. The essay begins by considering the traditional role of custom in the common law. Part II then examines several of the ways that courts have incorporated custom into …
E-Sports As A Prism For The Role Of Evolving Technology In Intellectual Property, Jennifer E. Rothman
E-Sports As A Prism For The Role Of Evolving Technology In Intellectual Property, Jennifer E. Rothman
University of Pennsylvania Law Review Online
This essay challenges the preference for legislating in the face of new technology. Responding to Dan Burk’s recent article, Owning E-Sports: Proprietary Rights in Professional Computer Gaming, this essay considers how technology influences intellectual property law, both in the context of professional video gaming, e-sports, and beyond. The essay provides two major insights. First, that changing technology and new industries often can reveal misguided approaches taken by the common law in intellectual property cases. The concept of “persona” in right of publicity law and the “initial interest confusion” doctrine in trademark law are two prime examples of this phenomenon. Second, …