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Articles 1201 - 1230 of 6130

Full-Text Articles in Law

Self-Publishing An Electronic Casebook Benefited Our Readers—And Us, Eric Goldman, Rebecca Tushnet Jul 2015

Self-Publishing An Electronic Casebook Benefited Our Readers—And Us, Eric Goldman, Rebecca Tushnet

Washington Journal of Law, Technology & Arts

Self-publishing our electronic casebook, Advertising and Marketing Law: Cases & Materials, wasn’t some grand ambition to disrupt legal publishing. Our goal was more modest: we wanted to make available materials for a course we strongly believe should be widely taught in law school. Electronic self-publishing advanced that goal in two key ways. First, it allowed us to keep the price of the materials low. Second, we bypassed gatekeepers who may have degraded the casebook’s content and slowed the growth of an advertising law professors’ community.

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Campbell As Fair Use Blueprint?, Pierre N. Leval Jun 2015

Campbell As Fair Use Blueprint?, Pierre N. Leval

Washington Law Review

Friends, copyright geeks, I come not to bury Campbell, but to praise it. I might reasonably be considered a biased critic as Campbell took a number of suggestions from an article I wrote. Biased or not, I submit Campbell is a beautifully reasoned opinion, which has demonstrated in its twenty-one years that it provides a healthy framework for fair use analysis. That framework promotes the overall objectives of copyright; it protects the interests of rights holders; and it guards against putting “manacles upon science.”

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Market Effects Bearing On Fair Use, Jeanne C. Fromer Jun 2015

Market Effects Bearing On Fair Use, Jeanne C. Fromer

Washington Law Review

Copyright law, which promotes the creation of cultural and artistic works by protecting these works from being copied, excuses infringement that is deemed to be a fair use. Whether an otherwise infringing work is a fair use is determined by courts weighing at least four factors, one of which is the effect of the otherwise infringing work on the market for the copyrighted work. The Supreme Court’s decision just over twenty years ago in Campbell v. Acuff-Rose Music, Inc. opened the door to a laudable analytical framework for the bearing of market effects on fair use. First, Campbell supports a …

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How Much Is Too Much?: Campbell And The Third Fair Use Factor, R. Anthony Reese Jun 2015

How Much Is Too Much?: Campbell And The Third Fair Use Factor, R. Anthony Reese

Washington Law Review

The Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc. is probably best known for articulating the importance of transformativeness in analyzing fair use claims. The opinion gave less-noticed but important guidance on the third statutory fair use factor, which looks at the amount and substantiality of the portion of the plaintiff’s copyrighted work that the defendant used. Campbell explained that courts should evaluate this factor by inquiring whether the amount the defendant used was reasonable in light of her purpose. This Article examines the appellate fair use decisions since Campbell to investigate whether and how lower courts have used …

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Content, Purpose, Or Both?, Rebecca Tushnet Jun 2015

Content, Purpose, Or Both?, Rebecca Tushnet

Washington Law Review

Most debates about the proper meaning of “transformativeness” in fair use are really about a larger shift towards more robust fair use. Part I of this short Article explores the copyright-restrictionist turn towards defending fair use, whereas in the past critics of copyright’s broad scope were more likely to argue that fair use was too fragile to protect free speech and creativity in the digital age. Part II looks at some of the major cases supporting that rhetorical and political shift. Although it hasn’t broken decisively with the past, current case law makes more salient the freedoms many types of …

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"We Didn't Cross The Border; The Border Crossed Us": Informal Social Adaptations To Formal Governance And Policies By Communities Across The Bering Sea Region In The Russian Far East And United States, Sarah Roop, Lilian Alessa, Andrew Kliskey, Maryann Fidel, Grace Beaujean Jun 2015

"We Didn't Cross The Border; The Border Crossed Us": Informal Social Adaptations To Formal Governance And Policies By Communities Across The Bering Sea Region In The Russian Far East And United States, Sarah Roop, Lilian Alessa, Andrew Kliskey, Maryann Fidel, Grace Beaujean

Washington Journal of Environmental Law & Policy

Territorially isolated villages along the shores of the U.S. and Russian Bering Sea live with stark political lines dividing a region that shares a common history, heritage, and contemporary existence. It is also a region whose environmental security is threatened by common changes occurring throughout the area but for whom possible responses to these changes are shaped by the policies and politics of the countries in which they reside. This paper is based on the experience from an international observing network, the Community Observing Network for Adaptation and Security (CONAS), which provides rare insights on how political context, across the …

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Proposed Indicators To Measure The Environmental Responsibiity Of Oil And Gas Companies And Regulatory Reforms To Improve Access To Information About Offshore Drilling, Wendy B. Jacobs, Aladdine D. Joroff Jun 2015

Proposed Indicators To Measure The Environmental Responsibiity Of Oil And Gas Companies And Regulatory Reforms To Improve Access To Information About Offshore Drilling, Wendy B. Jacobs, Aladdine D. Joroff

Washington Journal of Environmental Law & Policy

This paper suggests a set of indicators to evaluate and predict the environmental performance of companies proposing to drill for oil or gas in the U.S. Arctic and recommends mechanisms for improving public access to, and intra- and inter-agency sharing of, information from companies engaged in offshore drilling. We use the term “performance indicator” to refer to an observable metric that correlates with an aspect of an operator’s performance that is either too difficult to measure directly, or too broad to be reduced to a single, precisely quantifiable metric. Performance indicators can be used to compare an operator’s performance in …

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"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen Jun 2015

"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen

Washington Journal of Environmental Law & Policy

This article is based on remarks given to the Arctic Encounter Symposium on Jan. 31, 2015.

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Comments On Proposed Revisions To Subpart J Of The 1994 National Contingency Plan, Meghan Gavin Jun 2015

Comments On Proposed Revisions To Subpart J Of The 1994 National Contingency Plan, Meghan Gavin

Washington Journal of Environmental Law & Policy

The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) provides the organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous substances. Subpart J of the NCP governs the use of chemical agents to control oil discharges, setting forth the criteria for listing an agent on the Product Schedule—a list of the dispersants and other spill-mitigating substances that responders may use in carrying out the NCP. Dispersants are chemical agents that emulsify and disperse oil into the water column. The Environmental Protection Agency (EPA) last amended Subpart J in September 1994. In …

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"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen Jun 2015

"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen

Washington Journal of Environmental Law & Policy

This article is based on remarks given to the Arctic Encounter Symposium on Jan. 31, 2015.

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Introduction: Positioning Universal Health Coverage In The Post-2015 Development Agenda, Andrea L. Frey Jun 2015

Introduction: Positioning Universal Health Coverage In The Post-2015 Development Agenda, Andrea L. Frey

Washington International Law Journal

Protecting and promoting health is central to sustained economic and social development. Three of the eight United Nations Millennium Development Goals (“MDGs”) focused on health, including reducing incidences of HIV and malaria, improving maternal health, and reducing child mortality. Although specifying disease areas and health outcomes ensured that the targets had a clear focus, it also created many problems. In particular, the approach neglected the creation of strong, effective health systems. The UN’s adoption of the MDGs in 2000 created greater recognition that sustaining progress in health depends on such systems in the international community. The MDGs conclude at the …

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Human Rights Education For All: A Proposal For The Post-2015 Development Agenda, Gillian Macnaughton Jun 2015

Human Rights Education For All: A Proposal For The Post-2015 Development Agenda, Gillian Macnaughton

Washington International Law Journal

The Millennium Development Goals (“MDGs”) have been highly successful in bringing commitment, expertise and funding to key human development targets in education, health, gender equality and other poverty reduction measures. Yet, the MDGs failed to integrate, or even align with, the international human rights laws to which states have committed themselves. Many commentators argue that linking the post-2015 Sustainable Development Goals with human rights would bring greater participation by people living in poverty in creating the agenda intended for their benefit, higher levels of accountability from governments and international organizations, greater attention to marginalized groups and economic inequality, and a …

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Sovereign Debt Governance, Legitimacy, And The Sustainable Development Goals: Examining The Principles On Responsible Sovereign Lending And Borrowing, Marie Sudreau, Juan Pablo Bohoslavsky Jun 2015

Sovereign Debt Governance, Legitimacy, And The Sustainable Development Goals: Examining The Principles On Responsible Sovereign Lending And Borrowing, Marie Sudreau, Juan Pablo Bohoslavsky

Washington International Law Journal

In the context of the Sustainable Development Goals (“SDGs”) negotiation, this article questions to what extent legitimacy matters in sovereign debt governance and, if so, under what conditions. How can one recognize legitimate governance instruments when informality of governance process and practice is regarded as an important goal? This article sees the implementation of SDGs in the global financial arena as facilitated by legitimate normative instruments that reflect general public interest and demonstrate respect for human rights. The implementation of informal norms should give rise to substantive outcomes that are both sustainable and legitimate, thereby complementing the procedural dimension of …

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Who Leads The G-Zero World? Multi-Nationals, Sustainable Development, And Corporate Social Responsibility In A Changing Global Order, Avi Sharma Jun 2015

Who Leads The G-Zero World? Multi-Nationals, Sustainable Development, And Corporate Social Responsibility In A Changing Global Order, Avi Sharma

Washington International Law Journal

The UN Sustainable Development Goals (“SDGs”) aim to create a more peaceful, just, and environmentally sustainable global community. The SDGs target seventeen areas that demand immediate action by the international community, including the eradication of poverty, gender equality, climate change mitigation, and resilience building. Unfortunately, the world’s most powerful nation-state actors are unlikely to make the costly investments required to achieve the goals laid out in this ambitious UN document. In fact, this article argues that nation-state actors have powerful disincentives to play a leadership role in advancing the SDGs. The question then becomes: if nation-states are unable or unwilling …

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Legislative History Of The Special Adoption Act (Legislative History) (2012) (Korea), Sook Kim, Dong-Jin Douglas Hwang Jun 2015

Legislative History Of The Special Adoption Act (Legislative History) (2012) (Korea), Sook Kim, Dong-Jin Douglas Hwang

Washington International Law Journal

In order to focus adoption procedures on the welfare of the child, national supervision must be strengthened, and a policy must be established around the basic paradigm that the best protection of a child is for the child to be raised by his/her birth family and in his/her birth country.

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Sustainable Development And Social Inclusion: Why A Changed Approach Is Central To Combating Vulnerability, Joshua Castellino, Sarah Bradshaw Jun 2015

Sustainable Development And Social Inclusion: Why A Changed Approach Is Central To Combating Vulnerability, Joshua Castellino, Sarah Bradshaw

Washington International Law Journal

The United Declaration of Human Rights established the fundamental basis of international human rights law, Unfortunately, the over emphasis on civil and political rights within this agenda restricted greater engagement with questions concerning development. The focus on individual rights and antagonistic relations between states has led to a human rights practice that fails to achieve social inclusion for many and allows vulnerable groups io fall by the wayside. Equally unfortunately, the practice has too often focused on international level actors such as states and other entities, thus failing to take notice of national level policies and initiatives that do help …

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Special Adoption Act (2012) (Korea), Sook Kim, Dong-Jin Douglas Hwang Jun 2015

Special Adoption Act (2012) (Korea), Sook Kim, Dong-Jin Douglas Hwang

Washington International Law Journal

The purpose of this Act is to set forth the necessary requirements and procedures of adopting a child in need of protection, and other matters necessary to support such adoptions, which are all aimed at promoting the rights and welfare of the adopted child.

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Human Rights, Environmental Protection, And The Sustainable Development Goals, John H. Knox Jun 2015

Human Rights, Environmental Protection, And The Sustainable Development Goals, John H. Knox

Washington International Law Journal

In recent years, international human rights tribunals and other bodies have identified ways that environmental harm can interfere with the enjoyment of human rights, and have clarified that States have obligations to protect human rights against such interference. For example, States have duties to provide access to environmental information, to protect rights of free expression and association in relation to environmental issues, and to provide for participation in environmental decision-making. This article examines how well the draft Sustainable Development Goals (“SDGs”) proposed by the United Nations Open Working Group reflect the human rights obligations relating to environmental protection. It concludes …

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Innovative Financing And Sustainable Development: Lessons From Global Health, David Gartner Jun 2015

Innovative Financing And Sustainable Development: Lessons From Global Health, David Gartner

Washington International Law Journal

The growth of innovative financing for development over the last decade has demonstrated the enormous potential of new mechanisms for generating resources beyond traditional official development assistance. In the global health sector, diverse innovative finance institutions provide a window into the relative merits of approaches that rely on taxation, bonds, and advanced contract arrangements. The experience of IFFIm, UNITAID, and the AMC offer broader insights into the importance of sustainability and participation in ensuring the success of innovative finance mechanisms, as well as the potential for innovative financing to contribute to realizing the Sustainable Development Goals. The most successful of …

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Campbell At 21/Sony At 31, Jessica Litman Jun 2015

Campbell At 21/Sony At 31, Jessica Litman

Washington Law Review

When copyright lawyers gather to discuss fair use, the most common refrain is its alarming expansion. Their distress about fair use’s enlarged footprint seems completely untethered from any appreciation of the remarkable increase in exclusive copyright rights. In the nearly forty years since Congress enacted the 1976 copyright act, the rights of copyright owners have expanded markedly. Copyright owners’ demands for further expansion continue unabated. Meanwhile, they raise strident objections to proposals to add new privileges and exceptions to the statute to shelter non-infringing uses that might be implicated by their expanded rights. Copyright owners have used the resulting uncertainty …

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"The Shameful Wall Of Exclusion": How Solitary Confinement For Inmates With Mental Illness Violates The Americans With Disabilities Act, Jessica Knowles Jun 2015

"The Shameful Wall Of Exclusion": How Solitary Confinement For Inmates With Mental Illness Violates The Americans With Disabilities Act, Jessica Knowles

Washington Law Review

Although solitary confinement is conventionally challenged under the “cruel and unusual” standard of the Eighth Amendment, this approach presents several intractable legal hurdles to successful claims. The Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., and its precursor, the Rehabilitation Act, provide innovative and non-constitutional causes of action for inmates with mental illness1 to challenge their solitary confinement. It is estimated that at least thirty percent of inmates in solitary confinement are mentally ill, a high percentage that is due to both the disproportionate number of mentally ill inmates who are isolated from the general prison population …

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Arctic Law & Policy Year In Review: 2014, Arctic Law & Policy Institute, University Of Washington Jun 2015

Arctic Law & Policy Year In Review: 2014, Arctic Law & Policy Institute, University Of Washington

Washington Journal of Environmental Law & Policy

A categorized review of major developments, with background information and current events.

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Proposed Indicators To Measure The Environmental Responsibiity Of Oil And Gas Companies And Regulatory Reforms To Improve Access To Information About Offshore Drilling, Wendy B. Jacobs, Aladdine D. Joroff Jun 2015

Proposed Indicators To Measure The Environmental Responsibiity Of Oil And Gas Companies And Regulatory Reforms To Improve Access To Information About Offshore Drilling, Wendy B. Jacobs, Aladdine D. Joroff

Washington Journal of Environmental Law & Policy

This paper suggests a set of indicators to evaluate and predict the environmental performance of companies proposing to drill for oil or gas in the U.S. Arctic and recommends mechanisms for improving public access to, and intra- and inter-agency sharing of, information from companies engaged in offshore drilling. We use the term “performance indicator” to refer to an observable metric that correlates with an aspect of an operator’s performance that is either too difficult to measure directly, or too broad to be reduced to a single, precisely quantifiable metric. Performance indicators can be used to compare an operator’s performance in …

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Comments On Proposed Revisions To Subpart J Of The 1994 National Contingency Plan, Meghan Gavin Jun 2015

Comments On Proposed Revisions To Subpart J Of The 1994 National Contingency Plan, Meghan Gavin

Washington Journal of Environmental Law & Policy

The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) provides the organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous substances. Subpart J of the NCP governs the use of chemical agents to control oil discharges, setting forth the criteria for listing an agent on the Product Schedule—a list of the dispersants and other spill-mitigating substances that responders may use in carrying out the NCP. Dispersants are chemical agents that emulsify and disperse oil into the water column. The Environmental Protection Agency (EPA) last amended Subpart J in September 1994. In …

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The Imaginary Trademark Parody Crisis (And The Real One), William Mcgeveran Jun 2015

The Imaginary Trademark Parody Crisis (And The Real One), William Mcgeveran

Washington Law Review

In the two decades since the Supreme Court protected a crude rap spoof from copyright liability in Campbell v. Acuff-Rose Music, Inc., courts have grown to understand the great value of parodic expression in trademark cases as well. Today, plausible claims of parody almost always prevail over trademark rights in judicial rulings. This Article demonstrates that it is simply wrong to suggest, as commentators often do, that we face a crisis in the results of trademark parody cases. That distortion is harmful because it distracts reform efforts and it lends credence to overbroad assertions of trademarks against parody and …

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"We Didn't Cross The Border; The Border Crossed Us": Informal Social Adaptations To Formal Governance And Policies By Communities Across The Bering Sea Region In The Russian Far East And United States, Sarah Roop, Lilian Alessa, Andrew Kliskey, Maryann Fidel, Grace Beaujean Jun 2015

"We Didn't Cross The Border; The Border Crossed Us": Informal Social Adaptations To Formal Governance And Policies By Communities Across The Bering Sea Region In The Russian Far East And United States, Sarah Roop, Lilian Alessa, Andrew Kliskey, Maryann Fidel, Grace Beaujean

Washington Journal of Environmental Law & Policy

Territorially isolated villages along the shores of the U.S. and Russian Bering Sea live with stark political lines dividing a region that shares a common history, heritage, and contemporary existence. It is also a region whose environmental security is threatened by common changes occurring throughout the area but for whom possible responses to these changes are shaped by the policies and politics of the countries in which they reside. This paper is based on the experience from an international observing network, the Community Observing Network for Adaptation and Security (CONAS), which provides rare insights on how political context, across the …

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Abandoned Babies: The Backlash Of South Korea's Special Adoption Act, Sook K. Kim Jun 2015

Abandoned Babies: The Backlash Of South Korea's Special Adoption Act, Sook K. Kim

Washington International Law Journal

South Korea amended its adoption law to reduce the number of foreign adoptions and to keep children with their biological families. However, since the amendment took effect in August 2012, more babies have been abandoned. The amendment (hereinafter the “Special Adoption Act”) created three conditions on birthparents who wish to place their child up for adoption. First, birthparents must wait at least seven days after their child is born before they may consent to placing their child up for adoption. Second, birthparents must receive counseling on the various resources that would be available to them if they choose to raise …

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Fair Use: An Affirmative Defense?, Lydia Pallas Loren Jun 2015

Fair Use: An Affirmative Defense?, Lydia Pallas Loren

Washington Law Review

The Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc. solidified the treatment of fair use as an affirmative defense. However, treating fair use as an affirmative defense shifts the burden to the defendant while in most fair use cases plaintiffs are able to easily prove a prima facie case of infringement. This Article identifies that, despite its decision in Campbell, the Supreme Court has not yet undertaken a thorough analysis of whether Congress intended fair use, as codified in Section 107 of the Copyright Act, to be treated as an affirmative defense. In fact, as explored in this …

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Foreword: Fair Use In The Digital Age, And Campbell V. Acuff-Rose At 21, Zahr K. Said Jun 2015

Foreword: Fair Use In The Digital Age, And Campbell V. Acuff-Rose At 21, Zahr K. Said

Washington Law Review

If Campbell had remained a narrow pop-culture case—a doctrinal one-hit wonder—it would not have possessed the capacity to generate so much enthusiasm, and such heated debate, among scholars and practitioners of high caliber. Yet gathered at the University of Washington School of Law for two days in April 2015 were forty of the leading and emerging experts in copyright law in the United States, to discuss the impact the case has had and to speculate about the directions fair use law will take in light of this watershed opinion. It remains, by many accounts, one of the three most important …

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Possible Futures Of Fair Use, Pamela Samuelson Jun 2015

Possible Futures Of Fair Use, Pamela Samuelson

Washington Law Review

This Article celebrates the twenty-one-year majority status of Campbell v. Acuff-Rose Music, Inc. Campbell has unquestionably had transformative impacts on the doctrine of fair use in U.S. copyright case law, making several significant contributions that go well beyond the Court’s endorsement of the “transformative” nature of a use as tipping in favor of fairness. Several notable cases have built upon the analytical foundation established in Campbell. This Article also considers possible futures of fair use. What will fair use look like twenty-one years from now? Will it stay much as it is right now, or will it change, and …

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