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Articles 1 - 8 of 8
Full-Text Articles in Law
Metabranding And Intermediation: A Response To Professor Fleischer, Laura A. Heymann
Metabranding And Intermediation: A Response To Professor Fleischer, Laura A. Heymann
Faculty Publications
No abstract provided.
The Trademark/Copyright Divide, Laura A. Heymann
The Trademark/Copyright Divide, Laura A. Heymann
Faculty Publications
No abstract provided.
F(R)Ee Expression: Reconciling Copyright & The First Amendment, Raymond Shih Ray Ku
F(R)Ee Expression: Reconciling Copyright & The First Amendment, Raymond Shih Ray Ku
Faculty Publications
This essay explores the relationship between copyright and free speech by critically evaluating the proposition that conflicts between the two can be eliminated because the Framers intended both to be engines for free expression. My purpose is not to set forth a comprehensive theory of copyright and free speech, but is more modest. This essay argues that while useful, reference to the Framers' intent only goes so far in avoiding conflicts between copyright and free speech, and when viewed outside of the facts presented by Harper & Row and Eldred, reliance upon the Framers' intent arguably increases such conflicts. Moreover, …
A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine Galbraith Davik
A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine Galbraith Davik
Faculty Publications
Public access to ideas and information is critically important to creativity, competition, innovation, and a democratic culture. Nonetheless, material that belongs in the public domain is increasingly being transformed into private property. Data which was once freely available has become inaccessible as a result of legislatively or judicially sanctioned technological and contractual constraints. This is due in large part to the fact that lawmakers promulgating legislation and judges resolving disputes concerning data have failed to adequately take into account the multi-dimensional problems involved in controversies concerning access to ideas and information. The focus is often inappropriately centered on the tangible …
Promoting Diverse Cultural Expression: Lessons From The U.S. Copyright Wars, Raymond Shih Ray Ku
Promoting Diverse Cultural Expression: Lessons From The U.S. Copyright Wars, Raymond Shih Ray Ku
Faculty Publications
In 2007, the United Nations adopted the Convention on the Protection and Promotion of the Diversity of Cultural Expression (CCD) with the goal of creating an environment that encourages individuals and social groups to create, distribute, and have access to diverse cultural expression from their own cultural and from cultures around the world. With regard to domestic and international efforts to implement the CCD and reconcile its goals with other international norms, the author argues that valuable lessons can be learned from current trends and issues in U.S. copyright law. Specifically, the author argues that the current debate over copyright's …
The Tragedy Of Trips, Peter M. Gerhart
The Tragedy Of Trips, Peter M. Gerhart
Faculty Publications
This Article argues that sound intellectual property policy requires not only that the policymaker establish an appropriate incentive for invention but also that the policymaker determine how the cost of that incentive should be distributed across various classes of consumers. It is the distributive dimension of intellectual property policy that makes existing international institutions such an unsound mechanism for determining global rules for intellectual policy--the policymakers are simply not able to make the appropriate kinds of decisions. I suggest some ways in which institutional structures can be modified to achieve a better balance.
Rethinking Patent Law’S Uniformity Principle, Craig Allen Nard, John F. Duffy
Rethinking Patent Law’S Uniformity Principle, Craig Allen Nard, John F. Duffy
Faculty Publications
Modern law on expert testimony insists, as a condition of admissibility, that the asserted expertise be determined by the trial judge to be reliable. Reliability is usually characterized as a dichotomous attribute of evidence, as if expertise were either reliable or unreliable. This article argues that making progress in the development of meaningful and appropriate restrictions on the admissibility of expert testimony requires that we abandon this conceptualization and understand the implications of endorsing a gradational notion of reliability in which evidence can be more or less reliable and in which a comparative assessment of reliability is prominent. Consistent with …
The (Boundedly) Rational Basis Of Trademark Liability, Jeremy N. Sheff
The (Boundedly) Rational Basis Of Trademark Liability, Jeremy N. Sheff
Faculty Publications
This article argues that trademark infringement and dilution are best understood as commercial behavior that manipulates the cognitive biases of consumers, and as such threatens to render their heuristic judgments persistently inaccurate. In this view, trademark liability—whether imposed under the label of infringement or dilution—serves neither to protect property rights of trademark owners, nor to protect them against the unfair trade practices of competitors, but to shape consumer markets in such a way as to conform to the innate cognitive processes of boundedly rational consumers. The trademark regime can thus be understood as a legal apparatus designed (albeit perhaps unconsciously) …