Now showing items 1-10 of 42
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 ...
Billowing White Goo
(2008)
In this paper, written for a symposium on Fair Use: Incredibly Expanding or Extraordinarily Shrinking?, I argue that the size of the fair use footprint has remained about the same over the past three decades, while the ...
Combating Global Climate Change: Why a Carbon Tax is a Better Response to Global Warming than Cap and Trade
(2009)
Global climate change is the most significant environmental issue facing our nation and the world. There no longer is any question that global warming is occurring. Nor is there any serious debate about whether human ...
Crimes on the Gulf
(2010)
The explosion that rocked the Deepwater Horizon oil rig on April 20, 2010, killed 11 workers and triggered the worst environmental disaster in U.S. history. After six weeks of failed efforts to stop the gushing oil and ...
Environmental Crimes Comes of Age: The Evolution of Criminal Enforcement in the Environmental Regulatory Scheme
(2009)
The Rivers and Harbors Act of 1899 often is considered the first environmental criminal statute because it contains strict liability provisions that make it a misdemeanor to discharge refuse into navigable waters of the ...
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 ...
Readers' Copyright
(2011-06)
This essay is part of a project intended to help reclaim copyright for readers, listeners, and viewers. A system of copyright protection makes little sense unless it is designed to encourage the use and enjoyment of the ...
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 ...
Digital Copyright
(Prometheus Books, 2017-05-15)
I completed the original manuscript of Digital Copyright in 2000, two years after Congress enacted the Digital Millennium Copyright Act. The 1976 Copyright Act was itself 24 years old, and beginning to show its age. The ...
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 ...