...held that sentencing disparity attributable to the selective. inauguration of so-...single-minded fixation on whether fast-track disparity can fit. within th...
A copyright system is designed to produce an ecology that nurtures the creation, dissemination, and enjoyment of works of authorship. When it works well, it encourages creators to generate new works, assists intermediaries in disseminating them widely, and supports readers, listeners, and viewers in enjoying them. If the system poses difficult entry barriers to creators, imposes demanding impediments on intermediaries, or inflicts burdensome conditions and hurdles on readers, then the system fails to achieve at least some of its purposes. The current U.S. copyright statute is flawed in all three respects. In this Article, I explore how the current copyright system is failing its intended beneficiaries. The foundation of copyright law’s legitimacy, I argue, is built on its evident ...
...The disparity of bargaining power is at least partly an artifact... that appearance in RAM is sufficient fixation for the purpose of copyright’s vesting. Aaron Pe...
... of intelligent criticism--noting the disparity between the Christian Right's fixation on gay marr...
In this Article I examine “medical tourism”—the travel of patients who are residents of one country to another country for medical treatment—which is fast becoming a multi-billion dollar industry. To date, the primary U.S. medical tourists appear to have been uninsured or underinsured Americans seeking substantial cost savings by traveling to less developed countries for care. More recently, state governments, self-insured firms, Fortune 500 companies, and domestic insurers have begun attempts to get their insured populations to use medical tourism as well by requiring it or giving incentives for its use (what I call “insurer-prompted medical tourism”). There is, however, a dark side to the growth of this industry. In this Article I set out...
..., focusing on the med-mal-recovery disparity problem and examining parallels to the prohibition... medical decisions, and patients’ fixation on cost over quality. 176 A Kaiser Family Foundat...
...35. 2.91. 20,753. We recognized the disparity in average costs for cases reporting the insertion... (XLIF[supreg]), with posterior spinal fixation, can report two codes resulting in assignment to t...
As they say in the music business, "It all begins with a song. This is true from a commercial perspective, as it would be difficult to record albums, film videos, license music for video games, sell sheet music, or promote concerts without the basic building block of the musical composition. It is also true on the metaphysical level, because the organization of sounds into compositional form creates the necessary order that distinguishes music from noise. This article argues foremost for the adoption of a broad "musical work" definition that includes all contributions of expression greater than de minimis and the further adoption of the Nimmer Rule. Copyright law treats the scope of the musical work copyright inconsistently. The contributions of secondary contributors are generally view...
..., the sound recording is the first fixation of the composition and the definitive guide as to ... this proposal eliminate the current disparity. Thus, this Note also advocates adoption of the Ni...
... consists of the determination and fixation of the amount of promotional offer bid made by Akb... hand, it causes inequality and obvious disparity with undertakings imposed by a fine on their gross...
...Hagedorn, pp. 57-76); the fixation of this corpus may have taken place through the He... has already been raised regarding the disparity between the organization of the essays as presente...
...We recognize the disparity in average costs for cases reporting the insertion... (XLIF[supreg]), with posterior spinal fixation, can report two codes resulting in assignment to t...
The literature on constitutional design suggests that desirable social and political outcomes may be accomplished through optimal institutional planning and implementation. In this article, the author engages in a brief thought experiment concerning two important yet not often addressed aspects of constitutional-design theory. First, he places constitutional design in the broader context of what he calls the "design sciences" -- the many disciplines, domains, and activities from urban planning to space exploration -- that rely on design to accomplish big, noble goals. Second, he addresses the question of "success" in constitutional design, namely how to define and assess the actual impact of constitutional structures in accomplishing desirable objectives. Constitutional design is a mode...
...By contrast, fixation and rigidity - institutional or ideological - lead..., it has vast social and economic disparity, and it is controlled to a large extent by the she...
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