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Full-Text Articles in Law

A Hole In Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy D. Gordon Oct 2009

A Hole In Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy D. Gordon

Faculty Scholarship

Over 20 years ago, the United States brought its copyright law into sync with international norms through the adoption of the Berne Convention. As a result, copyright notice is no longer a prerequisite to copyright protection. But because Congress implemented the Berne Convention through amendments to the (rather than adoption of a wholly new) Copyright Act, litigants have argued and at least some courts have held that certain works still must be noticed. This Article is concerned to rebut that contention.


New-School Trademark Dilution: Famous Among The Juvenile Consuming Public, Alexandra J. Roberts Jun 2009

New-School Trademark Dilution: Famous Among The Juvenile Consuming Public, Alexandra J. Roberts

Law Faculty Scholarship

The recently enacted Trademark Dilution Revision Act of 2006 recalibrated the degree of fame necessary to garner protection: the TDRA applies only to a mark "widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner." By privileging those major players who succeed in turning their brands into household names, the TDRA strengthens incentives for mark-owners to ensure their logos and brand names are well-recognized not only among adult consumers, but also among children. This Article examines a set of marketing behaviors aimed at children ...


Prediction Markets And Law: A Skeptical Account, Rebecca Haw Allensworth Jan 2009

Prediction Markets And Law: A Skeptical Account, Rebecca Haw Allensworth

Vanderbilt Law School Faculty Publications

Enthusiasm for "many minds" arguments has infected legal academia. Scholars now champion the virtues of groupthink, something once thought to have only vices. It turns out that groups often outperform individuals in aggregating information, weighing alternatives, and making decisions. And although some of our legal institutions, such as Congress and juries, already harness the power of the crowd, others could be improved by multiplying the number of minds at work. "Multiplying" implies a simple mathematical formula for improving decisionmaking; modern many minds arguments are more sophisticated than that. They use incentive analyses, game theory, and statistics to study how and ...