Law Commons^™

Understanding Fair Use, L. Ray Patterson

Law and Contemporary Problems

Prior to creation of the fair use doctrine, an author had a limited right to use another author's copyright. The origin of the fair use doctrine is examined.

Grading The Performance Of A Legislator, Leo J. Raskind

Law and Contemporary Problems

The case is made that Rep Robert Kastenmeier should be honored as a distinguished public servant. His record reflects both a concern for the public interest and a sensitivity to the needs of special interest groups.

Design Protection And The Legislative Agenda, J. H. Reichman

Law and Contemporary Problems

An argument is made that an appropriate design protection law is in the best interests of the US. Without such a design law, industries will continue to seek anti-competitive protection from the government.

Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington

Law and Contemporary Problems

The legacy of Robert W. Kastenmeier, former Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Administration of Justice, is discussed. Kastenmeier deserves praise for his leadership on patent and copyright laws.

Copyright, Potential Markets, And The User Interface: Defining The Scope Of The Limited Monopoly, Todd D. Daubert

Law and Contemporary Problems

Although most court cases involving copyright protection of the user interface appear to have been decided correctly on their facts, the language of the decisions has left uncertainty as to the scope of protection.

Journal Staff

Law and Contemporary Problems

No abstract provided.

United States Ratification Of The American Convention On Human Rights, Joseph Diab

Duke Journal of Comparative & International Law

No abstract provided.

Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Apostolat Juridique: Teaching Everyday Law In The Life Of Marie Lacoste Gérin-Lajoie (1867-1945), Nicholas Kasirer

Osgoode Hall Law Journal

Based on a reading of archival material stored in a convent in east-end Montreal, the author describes the career of Marie Lacoste Gérin-Lajoie, a self-trained jurist who taught and wrote about law for women in convent schools, teachers' colleges, study circles, temperance union meetings and the like over a forty-year period in Quebec at the beginning of this century. Her career as a law teacher is presented as a sign of a less visible facet of the history of legal education in Quebec-beyond the formal institutions of law teaching-that was closely tied to the home and the private world of …

Screening And Treatment Of Newborns, Ellen Wright Clayton

Vanderbilt Law School Faculty Publications

With the advent of new genetic technologies and the Human Genome Initiative, interest in the problems posed by genetic diagnostics in general, and by genetic screening in particular, has surfaced. Many recent works focus on the problems posed by the "new genetics" in the contexts of prenatal diagnosis, carrier detection, employment, and insurance. In the midst of all this discussion, the routine testing of newborns for genetic disorders seems relatively uncomplicated and has, in fact, become "a part of common practice and accepted public policy with little thought having been given to the implications." The relative lack of concern about …

Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Why The Recent Shift In Tort?, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Group Versus Individuals, Neal Devins

Faculty Publications

No abstract provided.

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

Faculty Scholarship

Lawyers more than most people should be aware that what language calls "facts" are not necessarily equivalent to things that exist in the world. After all, when in ordinary conversation someone says "it's a fact that X happened," the speaker usually means, "I believe the thing I describe has happened in the world." But when a litigator presents something as a "fact," she often means only that a good faith argument can be made on behalf of its existence. Two sets of factfinders can look at the same event and come to diametrically opposed conclusions-each of which is binding, but …

Asymmetric Market Failure And Prisoner's Dilemma In Intellectual Property, Wendy J. Gordon

Faculty Scholarship

When competitors engage in unrestrained copying of each others' intangible products, the structure can resemble a prisoner's dilemma in which free choice leads to unnecessarily low individual payoffs and low social welfare. There are many ways to avoid these low payoffs, such as contract enforcement, direct regulation of copying behavior through IP, and direct government subsidies. All of these modes alter the payoff pattern away from prisoner's dilemma.

When should lawmakers place copyright law or other IP law among the prime options to consider?

Because copyright, patent, misappropriation and the like all work through private-property markets, one key is to …

Scientific Policymaking And The Torts Revolution: The Revenge Of The Ordinary Observer, Michael Wells

Scholarly Works

My argument will make heavy use of a distinction, introduced by Professor Bruce Ackerman, between two styles of reasoning in addressing legal issues. One is the perspective of the "Ordinary Observer," who begins his analysis by looking at the common practices of laymen and makes legal rules based on the expectation of a well-socialized member of society, without regard to whether the resulting body of law fits into any coherent pattern. Ackerman contrasts this method with that of the "Scientific Policymaker," who begins from the premise that the law should serve some goal or small group of goals and who …

Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White

All Faculty Scholarship

The focus of modern applications of economic reasoning to antitrust concerns has been on the more subtle efficiency or procompetitive dimensions of the scrutinized conduct. When any of these characteristics are discovered, the courts tend to find no antitrust violation.

Two major difficulties arise with this approach. First, efficiency or procompetitive aspects can almost always be uncovered in any corporate enterprise, creating the potential for legitimizing almost all business behavior. Second, the legal conclusions courts reach are typically couched in terms of the business practice itself; therefore, once upheld, that practice is implicitly validated for other unrelated marketplace scenarios. Indiscriminate …

Comprehensive References And Indexes, Volume 13 (1991-1992)

Cardozo Law Review

No abstract provided.

Setting The Fee When The Client Discharges A Contingent Fee Attorney, Lester Brickman

Articles

The bold and precedent-setting case of Martin v. Camp endowed the attorney-client relationship with the legacy of the "client discharge rule"; it provides that a client can discharge his attorney at any time without cause and without penalty. The predicate of the rule is that trust and confidence are essential features of the attorney-client relationship. If that trust and confidence dissipate, the client should not be forced to continue to confide in and rely upon that attorney. Accordingly, the client should not be penalized financially if he elects to change attorneys. The discharged attorney, precluded from realizing the contingent percentage …

Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly

Articles

In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or individual …

Richmond Law Magazine: Spring 1992

Richmond Law Magazine

Features:

On the Future of Legal Education: A Look at the Study Carrels

Asia Watch: An Examination of the Problems of Intellectual Property Law in the Pacific Rim

The United Nations Action Against Iraq: A Precedent For Israel’S Arab Territories, John Quigley

Duke Journal of Comparative & International Law

No abstract provided.

Reinhard Zimmermann, The Law Of Obligations: Roman Foundations Of The Civilian Tradition (1990), R. H. Helmholz

Duke Journal of Comparative & International Law

No abstract provided.

Making Gatt Dolphin-Safe: Trade And The Environment, David J. Ross

Duke Journal of Comparative & International Law

No abstract provided.

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.

The Perils Of Positivism: A Response To Professor Quigley, Eugene V. Rostow

Duke Journal of Comparative & International Law

No abstract provided.

The Extraterritorial Application Of The Fifth Amendment Protection Against Coerced Self-Incrimination, Bryan William Horn

Duke Journal of Comparative & International Law

No abstract provided.

Environmental Considerations Of The Emerging United States-Mexico Free Trade Agreement, Michael Scott Feeley, Elizabeth Knier

Duke Journal of Comparative & International Law

No abstract provided.

The Japanese View Toward Nafta And Regional Trade Zones, Percy R. Luney Jr.

Duke Journal of Comparative & International Law

No abstract provided.

Are Local Governments Liable Under Rule 10b-5? Textualism And Its Limits, Margaret V. Sachs

Scholarly Works

Whether state and local governments can be sued for damages is a question that cuts across subject-area boundaries. This question, which has long confounded courts in the areas of both antitrust and civil rightslaw, now has arisen in a new area: section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5. The thesis of this Article is that a local government is an inappropriate rule 10b-5 defendant, regardless of whether it is the issuer of the securities in question or an alleged participant in a scheme involving corporate securities. The only appropriate rule 10b-5 defendants are private actors.