Law Commons^™

Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell

The Ohio State University Moritz College of Law Working Paper Series

US Secretary of Defense Donald Rumsfeld dismissed the looting of the Iraqi National Museum in April 2003 by remarking, “stuff happens.” In doing so, he gave an early indication that in planning to invade Iraq, the Bush Administration failed to take seriously the legal obligations of an occupying power. Occupying powers have a variety of binding legal obligations, including obligations to stop looting, protect cultural property, and protect persons in detention. Yet, the Administration sent a wholly inadequate force to fulfill those obligations, and, more seriously, the force received no direct and imperative orders to do so. As a result, …

Tasini And Its Progeny: The New Exclusive Right Or Fair Use On The Electronic Publishing Frontier?, Lateef Mtima

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Switzerland's Patent Law History , Dominique S. Ritter

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Operation Blackbeard: Is Government Prioritization Enough To Deter Intellectual Property Criminals?, Lauren E. Abolsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Impact Of Pro-Football Inc. V. Harjo On Trademark Protection Of Other Marks, Rachel Clark Hughey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Are Decss T-Shirts Dirty Laundry? Wearable, Non-Executable Computer Code As Protected Speech, Sara Crasson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

How Do You Say “Big Media” In Spanish? Spanish-Language Media Regulation And The Implications Of The Univision-Hispanic Broadcasting Merger On The Public Interest, Nicole Serratore

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Post-Grant Patent Invalidation In China And In The United States, Europe, And Japan: A Comparative Study, Haito Sun

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Speaking With A Forked Tongue In The Global Debate On Traditional Knowledge And Genetic Resources: Is U.S. Intellectual Property Law And Policy Really Aimed At Meaningful Protection For Native American Cultures?, Nancy Kremers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Virtual Markets For Virtual Goods: The Mirror Image Of Digital Copyright?, Peter D. Eckersley

ExpressO

The Internet and Copyright Law are particularly ill-suited to each other. One is designed to give as much information as possible to everyone who wants it; the other allows authors, artists and publishers to earn money by restricting the distribution of works made out of information. The beneficiaries of copyright law are lobbying for the re-design of computers and the Internet to instate "content control" and "digital rights management" (DRM). These technologies are intended to make copyright workable again by re-imposing limits on access to information goods, but they carry high direct and indirect social costs.

One alternative, which has …

The Rave Act: A Specious Solution To The Serious Problem Of Increased Ecstasy Distribution Within The United States That Is Unconstitutionally Overbroad, Erin Treacy

ExpressO

The RAVE Act amends the 1986 "Crackhouse Statute" on the assumption that electronic music concerts are comparable to crackhouses. This article submits that the rationale behind the former Crackhouse statute does not logically support the RAVE Act and that the new law, as enacted, is unconstitutionally overbroad, infringing upon First Amendment rights. This article shows that the “rave culture,” its associated drug use and electronic music performances (sometimes known as raves) are not inextricably linked. The article also explores policy arguments that may be asserted against the RAVE Act and provides suggestions on how to amend the existing statute to …

Dance And The Choreographer's Dilemma: A Legal And Cultural Perspective On Copyright Protection For Choreographic Works, Kathleen Abitabile, Jeanette Picerno

Campbell Law Review

This article will present specific legal cases involving the need for choreographers to copyright their works and will address whether the need for copyright protection for a dance is overly disputed or immensely neglected.

The Duchess' Privy Chamber: Early Modern Marriage Law And The Eviction Of Women From The Public Sphere In John Webster's "Duchess Of Malfi" , Carla Spivack

ExpressO

The Duchess’ Privy Chamber: Early Modern Marriage Law and the Eviction of Women from the Public Sphere in The Duchess of Malfi (argues that the symbolism in Webster’s Duchess of Malfi systemically undoes the iconography of Elizabethan power; that images taken from the legal descriptions of marriage work in the play to replace the image of woman as political ruler in the public sphere with woman as wife sequestered in the private sphere).

Owning Music: From Publisher's Privilege To Composer's Copyright, Michael W. Carroll

ExpressO

More than four years after Napster demonstrated the power of the Internet as a means of distributing music, we still are in the midst of a cultural and legal debate about what the respective rights of music copyright owners, follow-on creators, disseminators, and purchasers should be. A common assumption underlying much of the debate is that whatever settlement emerges, it will apply equally to all forms of expression. This Article questions that assumption by investigating the early history of copyright in music.

For the first time in legal scholarship, the Article reveals and examines the distinct early history of copyright …

Media Policy Out Of The Box: Content Abundance, Attention Scarcity, And The Failures Of Digital Markets, Ellen P. Goodman

ExpressO

No abstract provided.

Sex, Lies, And Clients: From Bill Clinton To Oscar Wilde, Steven Lubet

ExpressO

No abstract provided.

La Reprogramación De Los Depósitos Y El Proceso De Exclusión De Activos Y Pasivos De Entidades Financieras. Un Fallo En Defensa Del Instituto De Exclusión, Gaston Mirkin

Gaston Mirkin

No abstract provided.

La Exclusion De Activos Y Pasivos. Sus Criticas Y Beneficios, Gaston Mirkin

Gaston Mirkin

No abstract provided.

Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs

Washington and Lee Law Review

No abstract provided.

No Penalty On The Play: Why The Bowl Championship Series Stays In-Bounds Of The Sherman Act, M. Todd Carroll

Washington and Lee Law Review

No abstract provided.

Fine Art Online: Digital Imagery And Current International Interpretations Of Ethical Considerations In Copyright Law, Molly A. Torsen

ExpressO

This writing explores the fast-changing intersection of law, technology and ethical considerations related to the visual arts. My paper explores differences in domestic intellectual property laws as well as regional considerations in moral rights law application.

1984, William H. Rehnquist

Michigan Law Review

1984 by George Orwell was published in 1949. Set in London thirty-five years in the future, the world has greatly changed. It is now dominated by only three powers - Eastasia, composed of China, Japan, and Southeast Asia; Eurasia, composed of continental Europe and Northern Africa; and Oceania, composed of North and South America and the British Isles. The latter no longer exists as a political entity - they are known as Airstrip Seven. But London is still London, the capital of Airstrip Seven. The novel recounts the life of Winston Smith, a midlevel bureaucrat in a society totally controlled …

Market Efficiency And Rationality: The Peculiar Case Of Baseball, Richard H. Thaler, Cass R. Sunstein

Michigan Law Review

In this lively book, Michael Lewis explores a topic that would seem of interest only to sports fans: how Billy Beane, the charismatic general manager of the Oakland Athletics, turned his baseball team around using, of all things, statistics. What next - an inspirational tale about superior database management? But there are some general lessons in Lewis's book that make it worth the attention of people who do not know the difference between a slider and a screwball (a group that, unfortunately, includes many lawyers and law professors). Those lessons have to do, above all, with the limits of human …

Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes

Michigan Telecommunications & Technology Law Review

This Article focuses on the topic of music copyright, but addresses this legal issue from a different vantage point than that of the industry insiders, insightful scholars, and policy makers that have weighed in on the debate. Instead of focusing on the issues regarding wholesale digital reproduction and dissemination of music protected by copyright, this Article focuses on music copyright infringement when the claim is that a given piece of music is "substantially similar" to another piece of music protected by copyright. Part I of this Article touches on the history of the music industry and copyright in this country, …

Lysistrata, Women And War: International Law's Treatment Of Women In Conflict And Post-Conflict Situations, Emma L. Lindsay

ExpressO

Aristophanes’ Lysistrata is powerful anti-war play often revived during times of international conflict. This paper uses Lysistrata to highlight and critique binary oppositions that underpin the treatment of women in conflict and post-conflict situations in the play and in international law. While many of the experiences of women and girls in war are similar to those of men and boys, there are important differences. Existing inequalities between women and men, and patterns of discrimination against women and girls, tend to be exacerbated in wartime. There are circumstances in which women suffer harms of a different kind and to a different …

Something Fishy, Tamara R. Piety

ExpressO

The story of how one law professor encountered "Moby-Dick" and found therein a reading that offered an opportunity to introduce students to several general themes that resound in the study of law including the question of the function of law, the role of interpretation by analogy, formalism and many others.

Designing Sports Leagues As Efficient Monopolists Rather Than Inefficient Cartels, Stephen F. Ross, Stefan Szymanski

ExpressO

An inherent conflict exists when clubs participating in a sports league control the way in which the competition is organized. This conflict leads to fewer franchises that may not be in the best locations, fewer broadcast rights sold with too many “black-outs,” inefficient marketing of merchandise and sponsorships, ineffective supervision of club management, labor market restrictions that do not enhance consumer appeal in the sport, and insufficient international competition. We suggest that sports leagues would be more profitable and fans’ welfare improved if sports leagues looked more like McDonald’s and less like the United Nations, by restructuring the leagues to …