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Philosophy

William & Mary Law School

William & Mary Law Review

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Full-Text Articles in Law

Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden Mar 2013

Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden

William & Mary Law Review

This Article critically examines the interrelationship between substantive copyright protections and the remedies available for infringement. Drawing from constitutional remedies scholarship and poststructural theories of performativity, it argues that a court’s awareness of the likely remedy award in a particular dispute —combined with its normative view of how future actors should address similar disputes—“reaches back” and shapes the determination of the parties’ respective rights.

Copyright scholars have long sought to limit the availability of injunctive relief, and several recent court decisions have adopted this reform. For example, in Salinger v. Colting the Second Circuit vacated a preliminary injunction against a …


Chaos Theory And The Justice Paradox, Robert E. Scott Oct 1993

Chaos Theory And The Justice Paradox, Robert E. Scott

William & Mary Law Review

No abstract provided.


Constitutional Privacy, The Right To Die And The Meaning Of Life: A Moral Analysis, David A.J. Richards Mar 1981

Constitutional Privacy, The Right To Die And The Meaning Of Life: A Moral Analysis, David A.J. Richards

William & Mary Law Review

No abstract provided.