The Timing of Minimum Contacts After Goodyear and McIntyre
Todd David Peterson · November 2011 80 GEO. WASH. L. REV. 202 (2011) The Supreme Court has never articulated a reason why the “minimum contacts” test, which determines whether a defendant’s contacts with a forum are sufficient to subject it to in personam jurisdiction there, is required by the Due Process Clause, or why the... Read More
Naming Baby: The Constitutional Dimensions of Parental Naming Rights
Carlton F.W. Larson · November 2011 80 GEO. WASH. L. REV. 159 (2011) This Article provides the first comprehensive legal analysis of parents’ rights to name their own children. Currently, state laws restrict parental naming rights in a number of ways, from restrictions on particular surnames, to restrictions on diacritical marks, to prohibitions on obscenities,... Read More
The Remedy Gap: Institutional Design, Retaliation, and Trade Law Enforcement
Rachel Brewster · November 2011 80 GEO. WASH. L. REV. 102 (2011) One of the major innovations of the World Trade Organization’s (“WTO”) Dispute Settlement Understanding (“DSU”) is the regulation of sanctions in response to violations of trade law. The DSU requires governments to receive multilateral approval before suspending trade concessions and limits the extent... Read More
Against Prejudice
Stephen M. Rich · November 2011 80 GEO. WASH. L. REV. 1 (2011) Contemporary psychology defines prejudice broadly, rejecting traditional views that equate prejudice with hostility and emphasizing the role of unconscious mental processes. A growing number of legal scholars have seized upon this new cognitive account of prejudice as a basis to expand the... Read More
Fair Use Markets: On Weighing Potential License Fees
Wendy J. Gordon · September 2011 79 GEO. WASH. L. REV. 1814 (2011) This Article focuses on a judicial contribution to copyright’s rhetorical evolution, namely, the Second Circuit’s invention of the concept known as “fair use markets.” The fair use doctrine enables the public to engage in uses of copyrighted works that would otherwise constitute... Read More
The Recorded Music Industry and the Emergence of Online Music Distribution: Innovation in the Absence of Copyright (Reform)
Seth Ericsson · September 2011 79 GEO. WASH. L. REV. 1783 (2011) This Article attempts to pay homage to Justice Breyer’s seminal article, The Uneasy Case for Copyright, by exploring the effects of online music distribution (“OMD”), a phenomenon that may be seen as a relative approximation of a copyrightless environment, in order to gain... Read More
The Uneasy Case for Software Copyrights Revisited
Pamela Samuelson · September 2011 79 GEO. WASH. L. REV. 1746 (2011) Forty years ago, Justice Stephen Breyer expressed serious doubts about the economic soundness of extending copyright protection to computer programs in his seminal article, The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs. A decade later, Congress... Read More
The Changing Nature of Books and the Uneasy Case for Copyright
Niva Elkin-Koren · September 2011 79 GEO. WASH. L. REV. 1712 (2011) Back in the 1970s, Justice Stephen Breyer, then a law professor at Harvard Law School, questioned the economic justification for granting copyrights to publishers. In his seminal article, The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs,... Read More
Is Efficient Copyright a Reasonable Goal?
Stan J. Liebowitz · September 2011 79 GEO. WASH. L. REV. 1692 (2011) If we could create an economically efficient copyright law, would we want to do so? This Essay argues that society should not favor an economically efficient copyright law. As this Essay describes, a social welfare-maximizing copyright law amounts to an attempt to... Read More
A New Uneasy Case for Copyright
Michael Abramowicz · September 2011 79 GEO. WASH. L. REV. 1644 (2011) Until recently, virtually no attention has been paid to the possibility that copyright protection might inefficiently draw resources into creation and dissemination of copyrightable works. The empirical challenge that Justice Breyer observed in The Uneasy Case for Copyright assessing to what other uses... Read More