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This Essay examines the possible effect the Supreme Court's landmark Second Amendment ruling in Heller will have on future cases brought under the Free Press Clause. Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court...
Persistent link: https://www.econbiz.de/10014216805
New technologies often pose challenges to the existing intellectual property regime. This chapter explores three possible government policy responses to new technologies. First, a government can “do not harm” and not affirmatively regulate the technology. Second, a government may wait for...
Persistent link: https://www.econbiz.de/10014190406
Copyright is a complicated area of law that impacts on the lives and practices of almost everyone in our society. The reach of the Copyright Act 1968 (Cth) adds to the challenge of encouraging compliance with the law. This article suggests that recourse should be made to an area of legal...
Persistent link: https://www.econbiz.de/10014192441
Intellectual property, as an intangible form of property, is able to transcend borders and this is especially the case with music. To this end, the South African music is particularly consumed in Botswana, Lesotho, Mozambique, Swaziland and Zimbabwe and vice-versa because of shared languages in...
Persistent link: https://www.econbiz.de/10014122178
The United States has long been a country of prohibitions, with the most memorable prohibition in American history being the ban on alcohol sales in 1920, which lasted until the ratification of the 21st Amendment to the U.S. Constitution. While the federal ban on alcohol has long since been...
Persistent link: https://www.econbiz.de/10012826059
This article uses the context of daily fantasy sports (DFS) to analyze how companies use strategic categorization in regulatory arbitrage. DFS is an ideal context to study this issue for three reasons. First, DraftKings and FanDuel were able to categorize themselves differently to different...
Persistent link: https://www.econbiz.de/10012864204
Although patents are the prototypical type of protection that most people consider applicable to protecting drugs, patents are just the most-established and well-known method available to protect drugs from competition. However, there are other types of mechanisms in regulatory laws that provide...
Persistent link: https://www.econbiz.de/10014177280
Balancing the protection of private business interests against governmental regulation is one of the most significant legal frictions of the modern era. Over the course of the past twenty-eight months, this conflict has manifested itself through a federal sports gambling lawsuit involving New...
Persistent link: https://www.econbiz.de/10013030660
The Italian and European regulatory framework for patents would benefit from further improvements in order to foster dynamic competition between Italian firms. At the national level the exclusive allocation of the right to patent inventions to universities, rather than to researchers, would...
Persistent link: https://www.econbiz.de/10013109093