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We have found that integrating spiritual values and principles with traditional law school courses enriches both teacher and student, yielding a lawyering product that is priceless to society. This article focuses on three key areas. Section I, the most critical part of the article, consists of...
Persistent link: https://www.econbiz.de/10012920274
This Article explores the problem of construing what I term “defective catastrophe clauses” in wills. Defective catastrophe clauses provide for the contingency that a beneficiary will die simultaneously, or in a common calamity, with the testator but neglect to allow for the possibility that...
Persistent link: https://www.econbiz.de/10012924903
This article considers the nature and future of resulting trusts, and offers a critique of the Birks/Chambers theory of resulting trusts. It argues that the current law cannot be explained, as the Birks/Chambers theory suggests, on the basis of the reversal of unjust enrichment. Instead, the law...
Persistent link: https://www.econbiz.de/10012932516
The state of publicly funded science is in peril. Instead, new biomedical research efforts — in particular, the recent funding of a “Cancer Moonshot” — have focused on employing public-private partnerships, joint ventures between private industry and public agencies, as being more...
Persistent link: https://www.econbiz.de/10012934524
This Article reviews history and jurisprudence in order to examine American Magna Carta case law on due process, juries, and punishment. It details the treatment and impact of the Magna Carta in English history and the American colonies. The past of the Magna Carta is taken to the present: The...
Persistent link: https://www.econbiz.de/10013217775
Artificial Intelligence (AI) has become a part of our daily life, and “algorithmic creativity” and the protection of it by copyright law has similarly gained a spotlight recently. This article collects the key arguments against the proposal of such protection. The core elements of copyright...
Persistent link: https://www.econbiz.de/10013218647
In the platform age, copyright-protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analog age. One of these challenges is related to the fair balance between the interests of...
Persistent link: https://www.econbiz.de/10013220201
This case review introduces the preliminary ruling of the Court of Justice of the European Union (CJEU) in the VG Bild-Kunst v Stiftung Preußischer Kulturbesitz case. The CJEU ruled that framing thumbnails in circumvention of effective technological protection measures is an act communication...
Persistent link: https://www.econbiz.de/10013234142
Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and film studios desperately searching for a way to curb the tide of sharing. This chapter uses the example of Capitol Records v Jammie Thomas-Rasset, the first file-sharing case to...
Persistent link: https://www.econbiz.de/10013234254
The role of copyright law in furthering social justice is blurred. On the one hand, copyright law aims to guarantee a more or less exclusive protection. On the other hand, copyright law also intends to strike a fair balance between the interests of rightholders and the society. Such balancing...
Persistent link: https://www.econbiz.de/10013238346