Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh Nov 1998

Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh

Duke Law Journal

Preliminary injunctions against libel, obscenity, and other kinds of speech are generally considered unconstitutional prior restraints. Even though libel may inflict truly irreparable harm on its victim, the most a libel plaintiff can hope for is damages, or perhaps a permanent injunction after final adjudication, not preliminary relief. Professors Lemley and Volokh argue the same rule should apply to preliminary injunctions in many copyright, trademark, right of publicity, and trade secret cases. They note that intellectual property rights, unlike other property rights, are a form of content-based, government-imposed speech restriction. The mere fact that the restriction is denominated a "property …


Justice Rabinowitz And Personal Freedom: Evolving A Constitutional Framework, Susan Orlansky, Jeffrey M. Feldman Jun 1998

Justice Rabinowitz And Personal Freedom: Evolving A Constitutional Framework, Susan Orlansky, Jeffrey M. Feldman

Alaska Law Review

No abstract provided.


Ridding Foia Of Those “Unanticipated Consequences”: Repaving A Necessary Road To Freedom, Charles J. Wichmann Iii Apr 1998

Ridding Foia Of Those “Unanticipated Consequences”: Repaving A Necessary Road To Freedom, Charles J. Wichmann Iii

Duke Law Journal

No abstract provided.


The Electronic First Amendment: An Essay For The New Age, Glen O. Robinson Mar 1998

The Electronic First Amendment: An Essay For The New Age, Glen O. Robinson

Duke Law Journal

No abstract provided.


Silence Is Not Golden: Protecting Lawyer Speech Under The First Amendment, Erwin Chemerinsky Jan 1998

Silence Is Not Golden: Protecting Lawyer Speech Under The First Amendment, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Quo Vadis, Posadas?, William W. Van Alstyne Jan 1998

Quo Vadis, Posadas?, William W. Van Alstyne

Faculty Scholarship

This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.