Now showing items 1-10 of 16
The President's Enforcement Power
(2013-10)
Enforcement of law is at the core of the President’s constitutional duty to “take Care” that the laws are faithfully executed, and it is a primary mechanism for effecting national regulatory policy. Yet questions about how ...
Campbell at 21/Sony at 31
(2015-06-27)
When copyright lawyers gather to discuss fair use, the most common refrain is its alarming expansion. Their distress about fair use’s enlarged footprint seems completely untethered from any appreciation of the remarkable ...
Fetishizing Copies
(Cambridge University Press, 2017-03)
Our copyright laws encourage authors to create new works and communicate them to the public, because we hope that people will read the books, listen to the music, see the art, watch the films, run the software, and build ...
Silent Similarity
(2015-04)
From 1909 to 1930, U.S. courts grappled with claims by authors of
prose works claiming that works in a new art form—silent movies—had
infringed their copyrights. These cases laid the groundwork for much of
modern copyright ...
What Notice Did
(2016)
In this article, I explore the effect of the copyright notice prerequisite on the law's treatment of copyright ownership. The notice prerequisite, as construed by the courts, encouraged the development of legal doctrines ...
COVID-19 and Us Tax Policy: What Needs to Change?
(2020-04)
The COVID-19 Pandemic already feels like a historical turning point akin to Word Wars I and II and the Great Depression. It may signal the end of the second period of globalization (1980-2020) and a change in the relative ...
What We Don't See When We See Copyright as Property
(2018-11-01)
For all of the rhetoric about the central place of authors in the copyright scheme, our copyright laws in fact give them little power and less money. Intermediaries own the copyrights, and are able to structure licenses ...
What Offices Can Teach
(2016-04-30)
“Good rooms enable good teaching.” T. Vaughan (1991)
Discussions about how physical environments impact student learning often center on the layout and placement of classrooms. In the law clinic context, these discussions ...
Who Gets the Ventilator? Disability Discrimination in COVID-19 Medical-Rationing Protocols
(2020-05-27)
The coronavirus pandemic has forced us to reckon with the possibility of having to ration life-saving medical treatments. In response, many health systems have employed protocols that explicitly de-prioritize people for ...