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Brief of 20 Professors of Law and Public Knowledge as Amici Curiae in Support of Affirmance
Get PDFIn Carroll Shelby Licensing v. Halicki, the U.S. Court of Appeals considers whether a car in a film is a character for purposes of copyright law. Character copyright protection has proven to be an especially difficult area of the law, and courts and commentators have struggled with the proper boundaries of such protection and whether characters are independently protectable works at all. This brief presents a novel legal argument for resolving the scope of character copyright, at least in the context of inanimate objects in creative works such as cars. While the case law and commentary has to date focused on whether a character is copyrightable, little attention as been paid to what constitutes a character in the first place. The brief draws a distinction, based in literary theory, between characters and props: the former have volitional agency and defined personality traits, while the latter do not. That distinction can and should inform the doctrinal treatment of entities in films, books, and other creative works. The special rules for independent copy right abliaty of characters, the brief argues, should be limited to characters, while props should (and will) receive copyright protection under the standard rules of copyright protection for literary, pictorial, graphic, or sculptural works. This approach would not only simplify the doctrinal difficulties of character copyright protection, but also best serve the underlying purposes of copyright law
Brief of a Former Federal Judge, Fair and Just Prosecution, 17 Law Professors, and 4 Domestic Violence Researchers and Advocates as Amici Curiae in Support of Petitioner
Get PDFWhile amici are not formally affiliated with each other and come from a variety of professional fields, they are all keenly aware of the pernicious effects of gender bias against female defendants in American courtrooms. Each is deeply familiar with the toll that gender bias exacts not only on the individual women whose interactions with the criminal legal system are tainted by it, but also on the quality, reliability, and fairness of the criminal legal system. Together they have a distinct interest in ensuring that inflammatory and prejudicial gendered stereotypes about how women should look, act, and comport themselves are eradicated from criminal prosecutions. The Honorable Judge Mark Bennett (ret.) of Drake University Law School; Fair and Just Prosecution, a nonprofit project of the Tides Center that brings together elected prosecutors from around the nation as part of a network of leaders committed to a justice system grounded in fairness, equity, compassion, and fiscal responsibility Jamie Abrams of the American University Washington College of Law, Valena Beety of Indiana University Bloomington Maurer School of Law, Leigh Goodmark of the University of Maryland Francis King Carey School of Law, Aya Gruber of the University of Southern California Gould School of Law, Mallika Kaur of the University of California Berkeley Law School, Carla Laroche of Tulane Law School and The Murphy Institute, Cortney E. Lollar of the Georgia State University College of Law, Nancy Lemon of the University of California Berkeley Law School, Benjamin Levin of Washington University in St. Louis School of Law, Justin Marceau of the University of Denver Strum College of Law, Daniel S. Medwed of the Northeastern University School of Law, Joan S. Meier of the George Washington University Law School, Priscilla Ocen of Loyola Law School, Maybell Romero of Tulane Law School, Dan Simon of the University of Southern California Gould School of Law, Jonathan Simon of the University of California Berkeley Law School, and Greg Swygert of Northwestern Pritzker School of Law
Questions and Answers on the Future of IP for Research and Innovation
Get PDFThis paper publishes the annotated contents of an interview with PIJIP Director Sean Flynn by the staff of WIPO’s work on the Future of IP. All questions relate to the future of copyright with respect to AI assisted innovation
Too Much Domestic Law in International Arbitration: The Case of Arbitral Res Judicata
Get PDFThis paper is the text of the 19th Annual Lecture on International Arbitration given by the author at the Center on International Commercial Arbitration of the American University Washington College of Law in Washington, D.C. on October 19, 2023
“Show Me the Money”: The SEC’s Use of Distribution as a Tool for Investor Protection
Get PDFIn Section II, this Comment will present a background on the relevant law of securities regulations by focusing on the SEC’s enforcement remedies, through various statutes, cases, and regulations. Section II further discusses the disgorgement and fair funds provisions that are crucial to the Commission’s distribution practices. Then, Section III shows how this background impacts SEC operations and presents a framework for the relationship between disgorgement and distribution. Finally, Section IV offers recommendations that would allow the SEC to continue to utilize disgorgement to ensure maximum distribution for harmed investors
Amicus Brief of Legal Scholars Lee Kovarsky et al. in Support of Petitioner
Get PDFAmici curiae are law professors and legal scholars who study federal post-conviction law and civil procedure. Amici curiae have no personal interest in the outcome of this case. They all share an interest in seeing habeas law applied in a way that ensures the just and timely adjudication of claims while preserving the traditional and intended operation of the Federal Rules of Civil Procedure
We Did That : The United States\u27 Role in Preventing the Chagos Archipelago From Exercising the Right to Self-Determination
Get PDFWhen I agreed to participate in a workshop engaging with Philippe Sands’ extraordinary book, The Last Colony, I expected to focus on the dilemmas lawyers confront when considering how to frame the wrongs their clients endured with a view to advancing redress. Inevitably, the choices to be made elevate some dimensions of victims’ experiences while downplaying and potentially sidelining others, however important in their own right. But my plans changed when I reached page forty-one of The Last Colony
Lives in administrative law
No full textThis episode will again take us Between the Lines of administrative law and agency procedures through talks with two notable people, both good friends of ACUS, who have had accomplished careers in administrative law and agency porcedures.
Host Andrew Fois will guide our guests through the work they have done throughout their careers as well as their thoughts on the development and present state of administrative law.
In the first half of the show Fois will be joined by professor Jeff Lubbers of the Washington College of Law and former ACUS research director.
In the second half, we will meet Susan Dudley, professor at the George Washington University Law School and former director of the Office of Information and Regulatory Affairs
Amicus Brief of Legal Scholars Lee Kovarsky et al. in Support of Petitioner
Get PDFAmici curiae are law professors and legal scholars who study federal post-conviction law and civil procedure. Amici curiae have no personal interest in the outcome of this case. They all share an interest in seeing habeas law applied in a way that ensures the just and timely adjudication of claims while preserving the traditional and intended operation of the Federal Rules of Civil Procedure. The amici are: • Lee Kovarsky is the Bryant Smith Chair in Law and the Co-Director of the Capital Punishment Center at University of Texas School of Law. • Valena E. Beety is the Robert H. McKinney Professor of Law at Indiana University Mauer School of Law. • David R. Dow is the Cullen Professor of Law at University of Houston Law Center. • Eric M. Freedman is the Siggi B. Wilzig Distinguished Professor of Constitutional Rights at Maurice A. Deane School of Law at Hofstra University. • Randy Hertz is the Fiorello LaGuardia Professor of Clinical Law and Vice Dean of New York University School of Law. • Sheri Lynn Johnson is the James and Mark Flanagan Professor of Law and Assistant Director of Death Penalty Project at Cornell Law School. • Justin Marceau is Professor of Law at University of Denver Sturm College of Law. • Ira P. Robbins is the Barnard T. Welsh Scholar and Professor of Law and Co-Director of the Criminal Justice Practice & Policy Institute at American University Washington College of Law. • Larry W. Yackle is Professor of Law Emeritus and Basil Yanakakis Faculty Research Scholar at Boston University School of Law
PETITION TO LIST THE AMERICAN HORSESHOE CRAB UNDER THE U.S. ENDANGERED SPECIES ACT AS AN ENDANGERED OR THREATENED SPECIES AND TO CONCURRENTLY DESIGNATE CRITICAL HABITAT
Get PDFPursuant to Section 4(b) of the Endangered Species Act (“ESA”), 16 U.S.C. § 1533(b); Section 553(e) of the Administrative Procedure Act, 5 U.S.C. § 553(e); and 50 C.F.R. § 424.14(a), the Center for Biological Diversity (Center, Petitioner) and its partners submit to the Secretary of Commerce and the National Oceanographic and Atmospheric Administration (NOAA) through the NOAA Fisheries a petition to list the American horseshoe crab (Limulus polyphemus) as threatened or endangered and to concurrently designate critical habitat