In 2009, the pseudonymous "John David California" announced plans for U.S. publication of 60 Years Later: Coming Through the Rye, a "sequel" to J.D. Salinger’s canonical novel The Catcher in the Rye. Salinger reacted swiftly, bringing a copyrightinfringement suit to enjoin publication of the new work. The district court granted the injunction, effectively banning U.S. distribution of the sequel and unintentionally illustrating modern copyright law’s troubling divergence from the purpose of the constitutional grant of copyright authority to Congress.Economic analysis demonstrates the tension caused by the repeated, incremental expansion of copyright protections-at some point, the Copyright Act will fail to incentivize the net dissemination of new works. A check on congressional autho...
... that Rome never developed any law of copyright. People had to pay small fortunes to get others to... exclusive ownership that gives strong incentives for commercialization against the free but uncoord..., (228) who takes his cue from the foreseeability limitation on tort liability in negligence cases. ...
... on affirmative action created incentives to develop facially neutral programs designed to i... the degree, inevitability, and foreseeability of any disproportionate impact as well as the alte...
...Reasonable Foreseeability required for Historic Contamination; Ontario Court... to pay the consortium $437 million in incentives if the consortium builds four manufacturing plants...
... for clear and proximate causation, foreseeability of harm, and feasible allocation of damages--all f... these preexisting structural incentives for individuals to turn to the courts when new soc...
... of Columbia, Patent, Trademark & Copyright Section. J. Richard Manning, President, Washington... of surrender, including issues of foreseeability, tangentialness, or reasonable expectations of tho...] the price of ensuring the appropriate incentives for innovation." Id. In this context the Court, wh...
This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...
... but also provide appropriate incentives to deter future wrongdoing. Fiduciary law, the "mo... harm have rejected the reasonable foreseeability standard in favor of a materiality rule. Under thi...Copyright Widener University School of Law 2010 Provided by ...
... remedy would reduce the financial incentives to comply with the duty to exercise reasonable car... or act-centered?; (2) Is plaintiff-foreseeability a duty inquiry or an aspect of proximate cause?; a...Copyright 2011 Mark A. Geistfeld. Special thanks to the New ...
... would suffice to produce efficient incentives for the injurer. Thus, if B is much lower than PL ...(132) But foreseeability is a distinct conception that is independent of th...
... policy response is simply to "get the incentives right" so that emitters undertake activities with ..., individualized paths of foreseeability would be lessened, as would the apparent remotenes...
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