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Full-Text Articles in Law
Harmless Boundary Crossings: Their Role In Comparative Institutional Analysis - Lecture Transcript - 10-31-2008, Wendy J. Gordon
Harmless Boundary Crossings: Their Role In Comparative Institutional Analysis - Lecture Transcript - 10-31-2008, Wendy J. Gordon
Scholarship Chronologically
I also thank this morning's panelists. What I'm going to do is, first, say a little bit of an overview about what brings us all together and then talk about a particular project that many of you already have heard about, but it is something that has bothered me ever since I entered the field. It is the problem of harmless use, or what you might call a beneficial spillover that causes no loss to the person who is causally responsible for it, either in whole or in part.
Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong
Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong
Mary Wong
As a species of intellectual property, copyrightable works are assumed to be a form of private property, for which exclusive rights are conferred and which may be assigned, licensed and transferred as property. This article questions this fundamental assumption, in terms of both its consequences on rights of access and use by non-owners, and its limitations on the ability of copyright law to accommodate broader socio-cultural norms and values embodying wider notions of creativity and development. It argues that, for copyright law to more fully reflect these norms and values, a more flexible framework is required. Although attempts have been …
Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong
Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong
Mary Wong
As a species of intellectual property, copyrightable works are assumed to be a form of private property, for which exclusive rights are conferred and which may be assigned, licensed and transferred as property. This article questions this fundamental assumption, in terms of both its consequences on rights of access and use by non-owners, and its limitations on the ability of copyright law to accommodate broader socio-cultural norms and values embodying wider notions of creativity and development. It argues that, for copyright law to more fully reflect these norms and values, a more flexible framework is required. Although attempts have been …
Reconfiguring Property In Three Dimensions, Abraham Bell, Gideon Parchomovsky
Reconfiguring Property In Three Dimensions, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
In this Article, we demonstrate that every property question invariably involves three distinct dimensions: (1) the number of owners, (2) the scope of owner’s dominion and (3) asset configuration. Furthermore, we claim that the interplay among the three dimensions shapes the field of property and holds the key to understanding the deep structure of property law. On this view, property law is a balancing act that requires policymakers and private actors to constantly juggle the often-conflicting demands lying along these three dimensions. The three-dimensional account of property we develop in this Article has important descriptive and normative implications. Descriptively, we …