Law Commons^™

Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft - 12-31-1992, Wendy J. Gordon

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Blackmail law can impact on the belief structures (moralisms) and behaviors of both the potential criminal and the potential victim; it also can affect the conceptual and value structures of lawyers and other societal onlookers. These issues surrounding what one might call the "symbolic" virtues of outlawing the act of blackmail may help to explain why blackmail law seems relatively unconcerned with the well-being of the victim.

Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft 11-17-1992, Wendy J. Gordon

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Blackmail law can impact on the belief structures (moralisms) and behaviors of both the potential criminal and the potential victim; it also can affect the conceptual and value structures of lawyers and other societal onlookers. These issues surrounding what one might call the "symbolic" virtues of outlawing the act of blackmail may help to explain why blackmail law seems relatively unconcerned with the well-being of victims who would prefer to pay rather than prosecute their tormenters.

Aals Speech, Wendy J. Gordon

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Marshall has also said I can speak as long as I want, so scream when you've had enough.

Letter From Professor Timothy J. Brennan, Timothy J. Brennan

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Dear Wendy,

Thanks for sending me the recent pair of articles. I just had a chance to read them today while I'm getting my furnace and AC replaced. I enjoyed them very much, both for the chance to think about copyright issues and to read yet again your creative and insightful approach to them.

The most intriguing thing about the Dayton piece was the asymmetric mar- ket failure idea. (I'll come back to the prisoners' dilemma in connection with the LCP paper!) Your point that justifying copyright requires the belief that intellectual property markets won't work without copyright and that …

Blackmail And Transactional Structure - 1992, Wendy J. Gordon

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The Coase Theorem operates in a world where mistaken allocations can be cured by trade. But blackmail involves two areas where mistaken allocations are likely to be permanent: free speech and reputation.

Blackmail And Moralisms: Victimhood And Aristotelian Pride - 1992, Wendy J. Gordon

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Of those persons who favor laws against blackmail, many take that position because of the moral nastiness of the blackmailing act ("pay me or I'll tell ...") These commentators are sometimes blind to where the self-interest of the so-called victim lies, for the victim often prefers paying for silence to having his secrets revealed. Much of the sophisticated literature on blackmail focuses on this gap in vision. Blackmail is called paradoxical because (among other things) it is a crime that a victim would often rather suffer than have discovered and prosecuted.

Preliminary Notes On Blackmail Piece For University Of Pennsylvania - 1992, Wendy J. Gordon

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There are several potential insights whose interrelationship I'd like to explore. First, some allocation of rights are not likely to be transferable. Two of the major interests involved in blackmail--namely, reputation and free speech--are of this type. This may in itself help to explain some of the paradox of blackmail.

Letter To Ms. Sheddy Murphy On Paper For Cd-Rom Symposium, Wendy J. Gordon

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As you know, I am revising the piece primarily by combining it with my oral remarks. Thus I am sending you the original version of the article as you sent it to me, with corrections inked in, and I am also sending several separate typed pages (adapted from the oral remarks), with indications where they fit into the piece. The new pages have several footnotes, but in most cases the footnotes refer to sources cited in the earlier version. I can also send you photocopies of any material cited, if you wish. I hope this is not too burdensome. The …

Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon

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MR. METALITZ: I think the point there is that amputation of authorship is really kind of an artifact of the registration process. You wouldn't be that concerned.

Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon

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Enclosed are the corrected pages of the transcript. The article itself will follow shortly.

Draft Of Reality As Artifact: From Feist To Fair Use - 1992, Wendy J. Gordon

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Lawyers more than most people should be aware that what language calls "facts" are not necessarily equivalent to things that exist in the world. After all, when in ordinary conversation someone says "It's a fact that this [ X ] happened," the speaker usually means, "I believe the thing I describe has happened in the world". But when a litigator says something is a "fact" she often means only that a good faith argument can be made on behalf of its existence. Two sets of fact finders can look at the same event and come to diametrically opposed conclusions-- each …

Letters To University Of Pennsylvania Law Review Regarding Symposium On Blackmail, Wendy J. Gordon

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It's a pleasure to be writing to someone of the same name. You asked that the symposium participants write you regarding the focus of our papers for the symposium, and to indicate the expected page length.

Defining The Prisoners' Dilemma, Wendy J. Gordon

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Formally, a prisoner's dilemma is defined as follows: There are two participants symmetrically situated. For each player, her payoff if she refuses to cooperate with the other player is higher than her payoff would be if she cooperated, and this is true whether the other chooses to cooperate, or chooses to defect. If both cooperate, her payoff will be higher than if both defect.

Handwritten Notes On Of Harms And Benefits: Torts, Restitution, And Intellectual Property - 1992, Wendy J. Gordon

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Copyright and patent take the form of ordinary property. As tangible property has physical edges, intellectual property statutes create boundaries by defining the subject matters within their zone of protection. As real property owners have rights to prevent strangers from entering their land. intellectual property statutes and case law grant owners rights to exclude strangers from using the protected work in specified ways. As tangible property can be bought and sold, bequeathed and inherited, so can copyrights and patents.