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Copyright Nonconsequentialism, David Mcgowan
Copyright Nonconsequentialism, David Mcgowan
Missouri Law Review
This Article explores the foundations of copyright law. It tries to explain why those who debate copyright often seem to talk past each other. I contend the problem is that copyright scholars pay too much attention to instrumental arguments, which are often indeterminate, and too little to the first principles that affect how one approaches copyright law.
New Standard For The Modification Of Consent Decrees, A, Paul S. Penticuff
New Standard For The Modification Of Consent Decrees, A, Paul S. Penticuff
Missouri Law Review
A common method of dispute resolution in institutional reform litigation is the consent decree. Although they are entered into voluntarily, consent decrees are sanctioned by courts in the same manner as other final judgments under Federal Rule of Civil Procedure 60(b) The consent decree has been used to avoid court-ordered remedies which do not adequately meet the needs of either party in the dispute. The traditional standard for the modification of such decrees is the "grievous wrong" standard.' By maintaining this rigorous standard, courts have guarded against modifications of consent decrees to bring order to the highly chaotic and controversial …