Law Commons^™

Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Choice-Of-Law Rules For Secured Transactions: An Interest-Based And Modern Principles-Based Framework For Assessment, Charles W. Mooney Jr.

All Faculty Scholarship

This essay examines the law applicable to secured transactions. It addresses in particular the codification of the choice-of-law rules for secured transactions (STCOL rules). These rules address the laws applicable to the creation, perfection, priority, and enforcement of security interests (security rights)—a form of legislative or statutory dépeçage. It draws on the 2016 UNCITRAL Model Law on Secured Transactions (Model Law) as well as relevant North American law (Uniform Commercial Code Article 9 and the Canadian provincial Personal Property Security Acts). The STCOL rules lie at the heart of the emerged and emerging modern principles of secured transactions law …

Against Creativity, Brian L. Frye

Law Faculty Scholarly Articles

According to the Supreme Court, copyright requires both independent creation and creativity. The independent creation requirement provides that copyright cannot protect an element of a work of authorship that is copied from a previously existing work. But scholars disagree about the meaning of and justification for the creativity requirement.

The creativity requirement should be abandoned because it is irrelevant to the scope of copyrightable subject matter and distorts copyright doctrine by encouraging inefficient “creativity rhetoric.” The purpose of copyright is to encourage the production of economically valuable works of authorship, not creativity.

Film Pioneer Lee Man-Hee And The Creation Of A Contemporary Korean Cinema Legend, Ae-Gyung Shim, Brian Yecies

Faculty of Law, Humanities and the Arts - Papers (Archive)

At the peak of Korean cinema's contemporary golden age in the mid-2000s, 1960s auteur director Lee Man-hee and his films were rediscovered and have since become appreciated in ways that Lee himself never experienced. In 2010, his classic Late Autumn was remade as a transnational coproduction for a pan-Asian audience. Four decades after his death, Lee remains one of the most influential directors in Korea's history. To understand his legacy and its sociohistorical conditions, the authors analyze how Lee's provocative genre experimentation reinvigorated the Korean film industry in the 1960s under Park Chung-hee's authoritarian regime, a spirit that remains alive …

Creation And Preservation: Teaching Colour Theory, Madeleine T. Kelly

Faculty of Law, Humanities and the Arts - Papers (Archive)

Colour wheels and colour charts run the risk of seeming elementary. My attempt to revitalise these traditional forms of relating colour has opened up a gamut of possible approaches within an undergraduate tertiary context and, here, I will describe a few in view of an archaeological metaphor.

Collaborative Creation Of Spoken Language Corpora, Michael Haugh, Wei-Lin Melody Chang

Faculty of Law, Humanities and the Arts - Papers (Archive)

Analysing authentic interactions at progressively greater levels of complexity is one means of promoting deeper engagement with pragmatic phenomena amongst L2 learners. However, effective analysis often requires a greater amount of data than learners can feasibly gather. It is proposed here that encouraging students to collaborate through the creation of a corpus of spoken interactions is one potentially effective way to help them engage with a much richer set of interactional data than they might normally encounter. Here we report on a corpus created through “crowdsourcing” the collection and transcription of recordings of spoken interactions, the Griffith Corpus of Spoken …

Nicholas B. Dirks' The Scandal Of Empire: India And The Creation Of Imperial Britain, Antonio Simoes Da Silva

Faculty of Law, Humanities and the Arts - Papers (Archive)

Book review of Nicholas B. Dirks, The Scandal of Empire: India and the Creation of Imperial Britain. Cambridge, MA: The Belknap Press of Harvard University Press, 2006. xviii + 389 pp. ISBN: 0-674-02166-5 (hbk.).

Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff

Faculty of Law - Papers (Archive)

Copy of powerpoint presentation to the conference.

Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford

Faculty Publications

This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights.

Random Numbers, Chaos Theory, And Cogitation: A Search For The Minimal Creativity Standard In Copyright Law, Ralph D. Clifford

Faculty Publications

This article explores the second type of expressive work, those where there is a question if the author’s contribution is qualitatively sufficient, to determine how much creativity and of what type is required to sustain a copyright. Initially, the historic standards of creativity use before Fiest was decided in 1991 will be presented. Then, after a brief discussion of Fiest, the scientific basis of creativity will be explored. Next, the confusion regarding creativity that exists in the lower courts will serve to expose the source of misapplication of the law – a disconnect between how courts perceive creativity and …

Eve Without Adam: What Genesis Can Teach America About The Natural Law, David F. Forte

Law Faculty Articles and Essays

I wish to make but three points. First, I want to discuss something of the history of the alliance between faith and reason in Western intellectual history and their estrangement. Second, by referring to some of the elements of the Book of Genesis, I would like to affirm the basic compatibility between the principles of natural law and the values of our religious heritage. Finally, I raise a caution regarding religious doctrine and liberty that any effective and principled alliance between faith and reason must deal with.

Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.

Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …

Unresolved Issues In Federal Reserved Rights, Michael D. White

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.