Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Business Organizations Law (1)
- Civil Law (1)
- Civil Rights and Discrimination (1)
- Communications Law (1)
- Comparative and Foreign Law (1)
-
- Computer Law (1)
- Conflict of Laws (1)
- Consumer Protection Law (1)
- Contracts (1)
- Criminal Law (1)
- Dispute Resolution and Arbitration (1)
- Entertainment, Arts, and Sports Law (1)
- First Amendment (1)
- Gaming Law (1)
- Human Rights Law (1)
- Intellectual Property Law (1)
- International Law (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Law and Politics (1)
- Law and Psychology (1)
- Law and Society (1)
- Legal Biography (1)
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Legal Remedies
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Remedial Discretion In Constitutional Adjudication, John M. Greabe
Remedial Discretion In Constitutional Adjudication, John M. Greabe
John M Greabe
Courts frequently withhold remedies for meritorious assertions of constitutional right. The practice is often unobjectionable. Indeed, it is a systemic necessity if constitutional law is to remain vibrant. Without it, judges surely would be less inclined to engage in constitutional innovation. But just as surely, the practice is not available for all types of constitutional claim. For instance, the subject of a criminal indictment is always entitled to dismissal of the charges if the statute authorizing the prosecution is unconstitutional.
The Supreme Court has experimented with various approaches to withholding constitutional remedies. The Warren Court embraced the practice of issuing …