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Articles 661 - 679 of 679
Full-Text Articles in Intellectual Property Law
Who Authors Trademarks, Steven Wilf
How To Do Things With Hegel, David G. Carlson
How To Do Things With Hegel, David G. Carlson
Articles
The article argues that contract is not merely a tool for pre-existing personalities but is instead constitutive of personality itself. It challenges the conventional view that personality exists prior to law, instead positing that contract is necessary for the emergence and recognition of personality. The author contends that contract is foundational to legal and personal identity, as it establishes mutual recognition and rights between individuals.
Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen
Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen
Michigan Law Review
Ninety-three years ago, in Lochner v. New York, the Supreme Court struck down a maximum-working-hours law for bakers as an impermissible invasion of employer-employee liberty of contract and, by implication, of the employer's property rights in his business. Lochner came to symbolize, and was vilified for, a vision of state power as rigidly circumscribed by the operation of judicially-determined laws of social ordering. By the late 1930s, the Court had changed course and accepted that the states' police power - or, in the case of Congress, the commerce power - encompassed even protective regulation of the parameters of the private …
The Cultural Exception: Does It Exist In Gatt And Gats Frameworks? How Does It Affect Or Is It Affected By The Agreement On Trips?, Sandrine Cahn, Daniel Schimmel
The Cultural Exception: Does It Exist In Gatt And Gats Frameworks? How Does It Affect Or Is It Affected By The Agreement On Trips?, Sandrine Cahn, Daniel Schimmel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
An Analysis Of The Personal Use Principle Under Copyright Law, Hsin-Chih Cheng
An Analysis Of The Personal Use Principle Under Copyright Law, Hsin-Chih Cheng
LLM Theses and Essays
Personal use is when an individual uses a copyrighted work for private purposes, such as learning or entertainment. Personal use is a right given in the Copyright Clause of the U.S. Constitution, however, an issue arises when the individual wants to make a copy of the copyrighted work. New technologies like photocopying and videotaping make this issue more prominent today. Some copyright owners think that the individual’s copying for private use is harmful to their potential market and they argue for compensation. Does the individual have the right under the personal use principle to reproduce the copyrighted work for private …
Fair Use In American And Continental Laws, Omar M.A. Obeidat
Fair Use In American And Continental Laws, Omar M.A. Obeidat
LLM Theses and Essays
Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Michigan Journal of International Law
This article recasts the debates over access to, and control over, genetic and biological knowledge and resources in terms of the appropriation of indigenous and local communities' knowledge and resources. It first discusses recent examples of appropriation as currently conducted by global biotechnology, pharmaceutical, and agribusiness corporations and their associates in Northern universities, seed and gene banks, and research centers. Second, it describes and exposes the mechanisms of appropriation by focusing on the limited and culturally determined definitions of what is "wild" as opposed to "cultivated," what is "knowledge" and who can possess it, and what are "innovations" and "inventions." …
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
LLM Theses and Essays
In the last half of the twentieth century, international copyright protection has become of much greater concern as the copyright industry has become supranational. Treaties enacted in the last ten years such as the Berne Convention Implementation Act, the Uruguay Round Agreements Act, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, provide the highest copyright protection available at the international level. Global piracy has declined in the last several years because of these provisions. However, the adherence by the United States to these treaties has caused controversy; some maintain that it represents a major overhaul of federal law …
Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren
Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius By Edward De Grazia, Robert M. O'Neil
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius By Edward De Grazia, Robert M. O'Neil
Cardozo Law Review
Such a headline from the 1990s reminds American readers that, however shameful may have been the treatment of obscenity and pornography in the United States during the past one hundred years, things could have been worse. Even so, the record here is hardly a source of pride-nor does the story have an altogether happy ending, if it has one at all. Yet it is a story that badly needs to be told, and never has it been better told than by Edward de Grazia in Girls Lean Back Everywhere.
Monolingualism And Judaism, José Faur
The Hegelian Revival In American Legal Discourse, David G. Carlson
The Hegelian Revival In American Legal Discourse, David G. Carlson
Articles
No abstract provided.
The Pragmatics Of Genre: Moral Theory And Lyric Authorship In Hegel And Wordsworth, Thomas Pfau
The Pragmatics Of Genre: Moral Theory And Lyric Authorship In Hegel And Wordsworth, Thomas Pfau
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Touching Words: Helen Keller, Plagiarism, Authorship, Jim Swan
Touching Words: Helen Keller, Plagiarism, Authorship, Jim Swan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Author/Izing The Celebrity: Publicity Rights, Postmodern Politics, And Unauthorized Genders, Rosemary J. Coombe
Author/Izing The Celebrity: Publicity Rights, Postmodern Politics, And Unauthorized Genders, Rosemary J. Coombe
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Arguing From Necessity: A Comment On "Hegel And The Crisis Of Private Law", Charles M. Yablon
Arguing From Necessity: A Comment On "Hegel And The Crisis Of Private Law", Charles M. Yablon
Cardozo Law Review
No abstract provided.
Righting Rights, Lawrence G. Sager
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins
The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins
Scholarly Articles in Law Reviews & Journals
No abstract provided.