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Full-Text Articles in Law
Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold - Draft - 05-15-2017, Wendy J. Gordon
Copyright Owners' Putative Interests In Privacy, Reputation, And Control: A Reply To Goold - Draft - 05-15-2017, Wendy J. Gordon
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Patrick Goold’s interesting new article, Unbundling the “Tort” of Copyright Infringement (“Unbundling”) centers on a key lack of clarity that Professor Goold perceives in the cause of action for copyright infringement. The lack of clarity, he argues, afflicts threshold definitions of what constitutes actionable copying.
Draft Of The Concept Of "Harm" In Copyright - 2013, Wendy J. Gordon
Draft Of The Concept Of "Harm" In Copyright - 2013, Wendy J. Gordon
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This essay examines the tort of copyright infringement. It argues that the ideas of "harm" and "fault" already play a role in the tort’s functioning, and that an ideally reformulated version of the tort should perhaps give a more significant role to “harm.” The essay therefore examines what “harm” can or should mean, reviewing four candidates for cognizable harm in copyright law (rivalry-based losses, foregone fees, loss of exclusivity, and subjective distress) and canvassing three philosophical conceptions of “harm” (counterfactual, historical-worsening, and noncomparative). The essay identifies the appropriateness vel non of employing, in the copyright context, each harm-candidate and each …
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 05-05-1993, Wendy J. Gordon
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 05-05-1993, Wendy J. Gordon
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Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-04-1993, Wendy J. Gordon
Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-04-1993, Wendy J. Gordon
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Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.
Blackmail: Deontology - 1993, Wendy J. Gordon
Blackmail: Deontology - 1993, Wendy J. Gordon
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The basic logic of my deontologic approach is this.
Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon
Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon
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DDE-type inquiries usually emerge from a particular brand of intuitionistically-applied deontology which one might call a "theory of side-constraints". From the deontologic notion that "persons are ends, not means," philosophers of this stripe have intuited a number of constraints that should constrain moral actors regardless of the cost. The science of side-constraints is obviously inconsistent with theories such as utilitarianism and economic wealth-maximization, where assessing the costs and benefits of an action constitute the primary guide for action. By contrast side-constraint philosophers tell us that one may not kill another person even to save a large number of other persons; …
Truth And Consequences: The Force Of Blackmail - Outline - 01-02-1993, Wendy J. Gordon
Truth And Consequences: The Force Of Blackmail - Outline - 01-02-1993, Wendy J. Gordon
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This paper: To show what we agree on by explication of the deontologic justification for blackmail prohibitions. In the process· to make the deontologic nature of bmail clearer; to show how the deont & consequentialist approaches agree on the central case; to defend the criminaliz of the central case in liberal (non-libertarian) terms; to provide some tentative observations on the non-central cases
Blackmail: Property Right - 1993, Wendy J. Gordon
Blackmail: Property Right - 1993, Wendy J. Gordon
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It is not a paradox. For it to be a paradox, the following would have to be true: that when one is free to do one thing, or not to do it, one is also free to threaten to do it and sell that for money. But threat and sale are not even "lesser included acts" within doing and not doing; they are quite different from doing or not doing.
Draft Of The Constitutionalization Of Intentional Torts - 1986, Wendy J. Gordon
Draft Of The Constitutionalization Of Intentional Torts - 1986, Wendy J. Gordon
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The Supreme Court has often faced the question of whether an individual who alleges that he has been injured by a state or local official or by a local governmental entity, can bring a constitutional tort action under section 1983 when state doctrines of sovereign or official immunity would make it impossible for the individual to prosecute an ordinary tort suit in the relevant state court. The Court has consistently held that when an official violates a substantive provision of the Constitution, only an immunity that is consistent with the purpose of section 1983 and the Consitution can be tolerated.
Notes On Entitlement Systems - 1985, Wendy J. Gordon
Notes On Entitlement Systems - 1985, Wendy J. Gordon
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If one does harm without a privilege in our system, one pays. Our tort system suggests there is a general entitlement to the status quo, enforceable only against certain actors.
Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
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In seeking to understand what lies behind the court's apparent eagerness to grant property in intellectual products, a helpful starting place would seem to be the labour theory of property found in Locke's SECOND TREATIES OF GOVERNMENT. Speaking most generally, the theory suggests that a person who successfully uses his to her efforts to make useful those things which no one else has used or claimed may be rewarded with ownership of the things. The common law has long used a simpler variant of such a principle, awarding ownership to those who take possession of unclaimed physical resources. Creators of …