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Full-Text Articles in Law

Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon Apr 1992

Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon

Law and Contemporary Problems

The Supreme Court case "Feist Publications Inc vs Rural Telephone Service Co" is examined. Although the court's decision was correct, its reasoning is deeply flawed.


Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman Jan 1992

Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman

Articles

The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …