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Articles 31 - 37 of 37
Full-Text Articles in Common Law
I'Ll Huff And I'Ll Puff And I'Ll Blow Your House Down: The Argument For The Ability To Purchase Your Neighbor's Wind, Emily J. Wasserman
I'Ll Huff And I'Ll Puff And I'Ll Blow Your House Down: The Argument For The Ability To Purchase Your Neighbor's Wind, Emily J. Wasserman
University of Colorado Law Review
Wind power capacity has increased substantially over the past decade. This growth in capacity is partially attributable to the policies that federal and state governments have enacted to help developers overcome the economic barriers to building commercial-scale wind facilities. However, the existing economic policies have a limited ability to continue to incentivize development of new wind power capacity. Therefore, if wind power capacity is going to continue to grow so that wind power eventually supplies enough electricity to meet a significant amount of the United States' energy needs, states need to supplement the economic policies with other, noneconomic policies. Specifically, …
Interpretive Methodology And Delegations To Courts: Are "Common-Law Statutes" Different?, Margaret H. Lemos
Interpretive Methodology And Delegations To Courts: Are "Common-Law Statutes" Different?, Margaret H. Lemos
Faculty Scholarship
No abstract provided.
Suboptimal Social Science And Judicial Precedent, Ben Grunwald
Suboptimal Social Science And Judicial Precedent, Ben Grunwald
Faculty Scholarship
No abstract provided.
Remedies Reveals The Seamless Web, Candace Kovacic-Fleischer
Remedies Reveals The Seamless Web, Candace Kovacic-Fleischer
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Remedies is a course that consolidates many of the concepts learned in the first year of law school and some from the second. A typical Remedies course will reintroduce principles from constitutional law, compare and contrast torts and contracts, and apply criminal concepts in civil contexts. Teaching Remedies can be both challenging and rewarding. Challenging because it crosses a wide variety of subject areas. Rewarding because it weaves a variety of subject areas into the "seamless web" of the law, eliciting from students an occasional "aha." Early classes in law school tend to separate courses into discrete subject areas, …
The Role Of Unfair Competition In The Common Law, Shyamkrishna Balganesh, Gideon Parchomovsky
The Role Of Unfair Competition In The Common Law, Shyamkrishna Balganesh, Gideon Parchomovsky
Faculty Scholarship
Does the idea of “unfair competition” present the law with a viable alternative to thinking about the regulation of information and informational resources, independent of the traditional categories of the common law (e.g., property/tort) and the assumptions that these categories entail? In this chapter, we argue that, although the answer to that question is no, unfair competition nevertheless plays an important role in complementing the categories of property and torts as they apply to competitive settings. Specifically, unfair competition allows courts to both broaden and narrow the traditional notions of property and torts – especially as they apply to the …
Stewarding The Common Law Of Copyright, Shyamkrishna Balganesh
Stewarding The Common Law Of Copyright, Shyamkrishna Balganesh
Faculty Scholarship
Copyright law is today perceived as principally statutory in origin. The Copyright Act of 1976 is thought to have codified most questions of copyright policy and doctrine, and delegated a fairly limited set of questions to courts for them to resolve incrementally on a case-by-case basis. This is in contrast to prior copyright enactments, which were brief and open-ended in structure, and seemingly envisaged a more active role for courts in rule- and policy-making. Judge Leval thus notes how over time, the idea of a constructive "partnership" between the legislature and courts in making and developing copyright law that once …
Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault
Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault
Articles, Book Chapters, & Popular Press
In the laws of most jurisdictions in the world, IP licenses are an unnamed form of contract, most often of a hybride nature, for which no specific legal framework exists, save for rare exceptions. As a result, the formation, content and interpretation of IP licences call for the application of relevant norms from numerous other fields of the law, such as contract law, property law, commercial law, consumer law etc. Despite efforts of harmonisation at the international and regional levels, these related areas of the law remain to a large extent nationally determined, influenced by the legal tradition of each …