Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
On The Potential Of Neuroscience: A Comment On Greene And Cohen’S "For The Law, Neuroscience Changes Nothing And Everything", Theodore Y. Blumoff
On The Potential Of Neuroscience: A Comment On Greene And Cohen’S "For The Law, Neuroscience Changes Nothing And Everything", Theodore Y. Blumoff
ExpressO
In a recent article, Joshua Greene and Jonathan Cohen add their voices to an emerging discussion about the place of neuroscience in law and social policy. They argue convincingly that new data from the developing field of neuroscience will dramatically and positively change our legal system. I agree with their conclusions, but I believe that their commitment to a kind of neuroscientific determinism or essentialism is wrong, unnecessary, and even dangerous; it would move law in a direction that eliminates ongoing, normative decision-making. In the essay I have attached, I first set the stage by discussing the commitment of our …
A New Weapon Against Piracy: Patent Protection As An Alternative Strategy For Enforcement Of Digital Rights, Dennis S. Fernandez, Matthew Chivvis, Mengfei Huang
A New Weapon Against Piracy: Patent Protection As An Alternative Strategy For Enforcement Of Digital Rights, Dennis S. Fernandez, Matthew Chivvis, Mengfei Huang
ExpressO
This article illustrates how patents and copyrights complement each other to provide a better defense for creative works. Copyrights protect expression, and patents protect underlying functions. Currently, the one-time strengths of copyrights are being eroded as courts allow new technologies to flourish which enable digital reproduction and piracy. This has encouraged companies and industries to move increasingly to patent protection and any company that fails to pursue this trend may be left behind. In sum, patents are a worthwhile strategy because they assist copyright owners in controlling the technology that enables infringement while copyrights alone would leave a company vulnerable …