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Persistent link: https://www.econbiz.de/10012848815
Artists in the United States who sell their works without contractually reserving any rights in the same currently enjoy only limited rights under federal copyright laws to exercise continuing control over such works. The author assesses the shortcomings of copyright protection in comparison...
Persistent link: https://www.econbiz.de/10014177226
Today marriage-based entitlements are considered part and parcel of marriage itself. This was not always the case. Mining hundreds of handwritten administrative records, executive branch reports, and federal statutes, this Article traces the origins of public marriage-based entitlements to an...
Persistent link: https://www.econbiz.de/10014181428
This Article argues that lawmakers ought to recategorize inheritance law and contracts law as cognate bodies of doctrine within a larger genus of transfers law. The Article proceeds to examine comparatively the justifications for freedom of contracts and freedom of testation, concluding that...
Persistent link: https://www.econbiz.de/10014195255
'Indigenous and Local Peoples and Resource Development: International Comparisons of Law, Policy and Practice' is a special issue of the 'Journal of Energy & Natural Resources Law' co-edited by Lee Godden, Marcia Langton, Odette Mazel and Maureen Tehan. It incorporates six articles by indigenous...
Persistent link: https://www.econbiz.de/10014218296
ERISA preemption of state laws is determined using the following three rules. First, ERISA permits state laws that do not diminish or enhance any of the ERISA basic benefit protections. Second, ERISA preempts any state law that diminishes or enhances any of the three ERISA basic benefit...
Persistent link: https://www.econbiz.de/10014143920
This article offers an international comparison of adoption of children by same-sex parents, considering the trends in this area of adoption law around the planet, and how these trends may be early indicators for changes in parenting policy
Persistent link: https://www.econbiz.de/10014113778
There is ambiguity whether New York law permits a judgment creditor to enforce its claim against the debtor’s interest in an inherited individual retirement account (IRA). In contrast, some states have enacted legislation that protect inherited IRAs from creditors of a beneficiary. The article...
Persistent link: https://www.econbiz.de/10014091169
Currently, the European Commission (EC) is drafting its Law of AI. This article gives 25 AI & data regulatory recommendations to the EC, in response to its Inception Impact Assessment on the “Artificial intelligence – ethical and legal requirements” legislative proposal. In addition to a...
Persistent link: https://www.econbiz.de/10014092888
Back in 2012, I was talking with an acquaintance, who happens to be a copyright scholar, about a cease and desist letter that an artist had received from a publisher. The publisher objected to the artist’s display and sale of works that collaged cutouts from a comic book with new material...
Persistent link: https://www.econbiz.de/10014084169