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Justice As Play, Jack L. Sammons 2010 Mercer University School of Law

Justice As Play, Jack L. Sammons

Mercer Law Review

I am interested here in using Johannes Huizinga's work on play, Homo Ludens, to explore a strange, yet civilizing, phenomenon. Why do we take those social disputes in our ordinary lives that often seem most serious and therefore most divisive, turn them over to playful participants in a legal game, and then choose, more or less, to call the outcome of this game justice and to trust it as such even to the point of preferring it to the political? Why, that is, do we think that it is justice that arises from this play?

This inquiry is not …


Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice 2010 University of Miami School of Law

Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice

Articles

No abstract provided.


Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010), Maureen Collins 2010 John Marshall Law School

Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010), Maureen Collins

UIC Review of Intellectual Property Law

Historically, quilts have been denied the same copyright protection available to any other expression in a fixed medium. When quilts have been considered protectable, the protectable elements in a pattern have been limited, or the application of the substantial similarity test has varied widely. One possible explanation for this unequal treatment is that quilting is viewed as ‘women’s work.’ Another is that quilts are primarily functional. However, quilts have evolved over time and may now be expensive collectible pieces of art; art that deserves copyright protection. This article traces the history of quilt making, addresses the varying standards of protection …


Clarifying Cultural Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley 2010 University of Colorado Law School

Clarifying Cultural Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley

Publications

Author Stephenie Meyer forever altered the cultural existence of Quileute Indians when she wrote them into her Twilight novels. Now a veritable global phenomenon complete with books, movies, and affiliated merchandise, the Twilight series depicts young, male members of the tribe as vampire-fighting werewolves who ferociously defend a peace and territorial treaty made with local bloodsuckers. In reality, the Quileute Tribe consists of approximately 700 Indians, many of whom live on a remote reservation in the Pacific Northwest, a tiny parcel of the once vast Quileute territory. Since Twilight's unprecedented international success, the Quileute have been overwhelmed with fans …


Much Ado About Evocation: A Cultural Analysis Of "Well-Knownness" And The Right Of Publicity, David Tan 2010 National University of Singapore

Much Ado About Evocation: A Cultural Analysis Of "Well-Knownness" And The Right Of Publicity, David Tan

Cardozo Arts & Entertainment Law Journal

No abstract provided.


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