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Full-Text Articles in Law

Adjudicating Copyright Claims Under The Trips Agreement: The Case For A European Human Rights Analogy, Laurence R. Helfer Jan 1998

Adjudicating Copyright Claims Under The Trips Agreement: The Case For A European Human Rights Analogy, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle Jan 1997

Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle

Faculty Scholarship

This is an essay about law in cyberspace. I focus on three interdependent phenomena: a set of political and legal assumptions that I call the jurisprudence of digital libertarianism, a separate but related set of beliefs about the state's supposed inability to regulate the Internet, and a preference for technological solutions to hard legal issues on-line. I make the familiar criticism that digital libertarianism is inadequate because of its blindness towards the effects of private power, and the less familiar claim that digital libertarianism is also surprisingly blind to the state's own power in cyberspace. In fact, I argue that …


From Free Riders To Fair Followers: Global Competition Under The Trips Agreement, Jerome H. Reichman Jan 1996

From Free Riders To Fair Followers: Global Competition Under The Trips Agreement, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


Intellectual Property Policy Online: A Young Person’S Guide, James Boyle Jan 1996

Intellectual Property Policy Online: A Young Person’S Guide, James Boyle

Faculty Scholarship

This is an edited version of a presentation to the "Intellectual Property Online" panel at the Harvard Conference on the Internet and Society, May 28-31, 1996. The panel was a reminder of both the importance of intellectual property and the dangers of legal insularity. Of approximately 400 panel attendees, 90% were not lawyers. Accordingly, the remarks that follow are an attempt to lay out the basics of intellectual property policy in a straighforward and non-technical manner. In other words, this is what non-lawyers should know (and what a number of government lawyers seem to have forgotten) about intellectual property policy …


Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne Jan 1996

Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne

Faculty Scholarship

This examination concerns itself with two main questions: what qualifies as commercial speech and how much protection does commercial speech enjoy under the First Amendment when compared to other forms of speech. The trend of the Court indicates that commercial speech enjoys protections similar to political speech.


Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman Jan 1989

Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


The Search For An Author: Shakespeare And The Framers, James Boyle Jan 1988

The Search For An Author: Shakespeare And The Framers, James Boyle

Faculty Scholarship

No abstract provided.