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Exploring the Economic, Social, and Moral Justice Ramifications of the Warhol Decision
Get PDFBeyond rectifying the interplay of the derivative work right and fair use, Justice Sotomayor’s vigorous, direct, and, at times, combative parrying with the dissent in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith drove a dagger into the free culture movement’s critique of copyright law. The resulting decision repudiates the movement’s campaign to undermine the derivative work right through a simplistic transformativeness shortcut for applying the fair use doctrine.
As this Article explains, the Copyright Act’s drafters enhanced the financial rewards to, economic power of, and control of copyrighted works by authors through the grant of a bundle of exclusive rights, including a broad exclusive right to prepare derivative works. The Act tempered those rights through limiting doctrines, express recognition and codification of the fair use doctrine, and a series of statutory limitations, exemptions, and compulsory licenses. The codification of fair use, however, was not intended to “change, narrow, or enlarge” the doctrine outside of its traditional bounds—criticism, commentary, news reporting, educational, and research uses—“in any way.” The legislative history further noted courts’ freedom “to adapt the doctrine to particular situations on a case-by-case basis,” “especially during a period of rapid technological change.” Congress saw licensing as a principal vehicle for supporting cumulative creativity and ensuring fair compensation to and control of derivative uses by authors.
Notwithstanding this foundation and the Supreme Court’s faithful interpretation of the fair use doctrine in Campbell v. Acuff-Rose Music, Inc., the fair use doctrine veered off course as lower courts collapsed Campbell’s nuanced framework into a simplistic transformativeness analysis. The collision of this approach with the derivative work right prompted the Supreme Court’s intervention. The resulting Warhol decision reinforced the economic and social empowerment undergirding the 1976 Act. After tracing the emergence of the free culture movement and the devolution of the fair use doctrine, this Article explores the economic, social justice, and moral right dimensions of the copyright regime reflected in the Warhol decision
The Sword that Heals: King, the Black Radical Tradition, and the Destructive Power of the Beloved Community
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Quoting the Academe in Writing Conference Explanations
Get PDFWriting conferences are rich pedagogical settings to explore explanations. In contrast to teachers, writing consultants are usually peer tutors, straddling the roles of instructor and fellow student (North, 1984). This creates a unique situation where consultant-writer dyads must interactionally manage questions of expertise and authority (Carino, 2003). One way consultants manage this is through intertextuality, or the voicing of others. When consultants explain writing concepts, they often juggle many voices, from those of professors to authors to the writers’ own texts. Of particular interest in the present paper is the voice of the academe. A main institutional goal of writing conferences is to help students improve their academic writing; therefore, at various points in the conferences, consultants explain the norms, language, and expectations of the target academic discourse community. While this intertextual nature of writing conferences has not yet been explored, we can expect that in order to help writers learn the target “speech genre” (Bakhtin, 1981) of the academe, consultants must inevitably connect their current explanations to prior discourse. In some ways, consultants act as information conduits, helping writers understand what is expected of them by professors or other readers of their work
Inside the Nucleon: Tomographic Interpretations and Universality of GPDs with DDVCS
No full textThe goal of Double Deeply Virtual Compton Scattering (DDVCS) experiments is to better understand the internal structure of the nucleon. Previous attempts to resolve the internal structure of nucleons have resulted in electromagnetic form factors and parton distribution functions for elastic scattering and deep inelastic scattering processes, respectively. Generalized Parton Distributions (GPDs) are the latest attempt to unify these models of nucleon structure. The GPDs of DDVCS give us ability to investigate off of the diagonal where x ̸= ±ξ. The main goal of our analysis is to determine the best experimental setup in order to deduce the kinematic variables on which GPDs depend from the lab observables. The effectiveness of our data collection in the laboratory is by determined the physical kinematics, Q2, Q′2,t, xi,ϕLM, ϕCMV , and θCMV . We can then run DDVCS experiments and collect data on observables to improve upon the current models for GPDs of the nucleon
The Role of the Learner in Task-Based Language Teaching: Theory and Research Methods
Get PDFThis volume, edited by Craig Lambert, Scott Aubrey, and Gavin Bui, presents a collective effort by second language (L2) scholars to explore the role of the learner in Task-Based Language Teaching (TBLT). The volume stems from two colloquia––The Biennial Conference on Task-Based Language Teaching in 2015 at the University of Leuven, Belgium, and The Second Language Research Forum in 2016 at Columbia University, United States––focused on contemporary viewpoints and practices regarding the role of the learner in L2 task performance. It builds on the well-established recognition that affective and conative factors are central in L2 acquisition
Racing Dobbs
Get PDFIn Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court reversed Roe v. Wade’s limits on a state’s ability to restrict, and indeed completely outlaw, abortion. The case raises fundamentally important questions about rights to reproductive autonomy, bodily integrity, sex equality, privacy, and health
1/20,000th of a Person? Democracy and Protecting Equal Rights in Notice and Comment Rulemaking
Get PDFNotice-and-comment rulemaking is a key function of the U.S. administrative state, thought to give members of the public access to the process of government decisionmaking. However, notice-and-comment rulemaking fails to accomplish that goal, and its deficiencies have critical implications for U.S. democracy and for the role of women and other traditionally underrepresented groups in that democracy.
This Article examines the many ways in which notice-and-comment rulemaking has fallen short of its central purpose through a case study of a 2018–19 rulemaking dealing with enforcement of Title IX’s prohibition on sexual harassment. Members of the public, mobilized by activists, filed a historic 124,000+ comments in that rulemaking. This author created and led a “crowd-research” innovation to catalog ninety-four percent of those comments.
Analysis of that rulemaking and its comments exposes rulemaking’s oligarchic tendency to value technocratic practices above democratic ones, a tendency that is particularly problematic in the case of rulemakings that implicate civil rights and discrimination. This Article proposes a path for agencies to avoid notice-and-comment rulemaking’s failings by supplementing traditional processes with a modified form of negotiated rulemaking
Reconciling Fair Use and the Derivative Work Right: Did Warhol Say “Kenough?”
Get PDFLightly edited transcript of panel comments at the 2023 Symposium
Taxation and Corporate Governance
Get PDF Legal and economic scholars have examined the intersection between corporate governance and taxation; however, recent legal scholarship has generally focused on the interplay between director compensation, management measures in the face of the market for corporate control, and the double taxation of inter-corporate dividends. Other aspects of the relationship between corporate governance and taxation have received limited attention. This article aims to fill this gap in the literature. First, this paper discusses the corporate agency problem and the existing justifications for the corporate tax. Second, this paper argues that the corporate tax can be justified on the ground that it mitigates the corporate agency problem more effectively and with fewer adverse consequences than alternative taxation systems