Iowa Law Review最新文献_第4页

Secrecy and Separated Powers: Executive Privilege Revisited 保密与分权:行政特权重访

IF 1.3 3区社会学

Iowa Law Review Pub Date : 2006-05-19 DOI: 10.2139/SSRN.874874

Heidi Kitrosser

引用次数: 14

Fair Use and Copyright Overenforcement 合理使用和版权过度执行

IF 1.3 3区社会学

Iowa Law Review Pub Date : 2006-01-01 DOI: 10.2139/SSRN.951839

Thomas F. Cotter

{"title":"Fair Use and Copyright Overenforcement","authors":"Thomas F. Cotter","doi":"10.2139/SSRN.951839","DOIUrl":"https://doi.org/10.2139/SSRN.951839","url":null,"abstract":"Economic analysis has long suggested that there are two distinct categories of cases in which the fair use defense, which permits the unauthorized reproduction and other use of copyrighted materials, should apply: first, when the transaction cost of negotiating with the copyright owner for permission to use exceeds the private value of the use to the would-be user; and second, when the individual use is thought to generate some positive externality, such that the net social value of the use exceeds the value to the copyright owner of preventing the use, which in turn may exceed the value of the use to the individual user. Considerable anecdotal evidence, however, suggests that would-be users are often deterred from engaging in conduct that likely would fall within the ambit of fair use, due in part to concerns over incurring attorneys' fees and also to the uncertainty and unpredictability of fair use doctrine itself. This article presents a model of the private costs and benefits faced by would-be users of copyrighted materials in precisely those settings in which economic analysis suggests that the fair use doctrine should apply. The model demonstrates how, under current law, this balance of private costs and benefits may cause some users to forgo legitimate fair uses, particularly when those users are risk-averse. It also suggests that, in cases in which fair use is justified by the presence of positive externalities flowing from the individual user's use, the asymmetry between individual user gain and copyright owner loss may result in systematic copyright overenforcement; put another way, the fair use doctrine suffers from an \"appropriability\" problem similar to that which is often cited as a justification for copyright protection itself. The article then offers some observations on the likely effectiveness of six different types of fair use reforms.","PeriodicalId":51610,"journal":{"name":"Iowa Law Review","volume":"93 1","pages":"1271-1318"},"PeriodicalIF":1.3,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.951839","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67906666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 10

The search for a cure: combating the problem of conflicts of interest that currently plagues biomedical research. 寻找治疗方法:对抗目前困扰生物医学研究的利益冲突问题。

IF 1.3 3区社会学

Iowa Law Review Pub Date : 2003-10-01

Joseph B Clamon

引用次数: 0

Disposition of cryopreserved preembryos after divorce. 离婚后冷冻胚胎的处理。

IF 1.3 3区社会学

Iowa Law Review Pub Date : 2003-04-01

Karissa Hostrup Windsor

引用次数: 0

Intellectual property rights in genes and gene fragments: a registration solution for expressed sequence tags. 基因和基因片段的知识产权:表达序列标签的注册解决方案。

IF 1.3 3区社会学

Iowa Law Review Pub Date : 2003-03-31 DOI: 10.2139/SSRN.382566

M. A. Holman, S. Munzer

{"title":"Intellectual property rights in genes and gene fragments: a registration solution for expressed sequence tags.","authors":"M. A. Holman, S. Munzer","doi":"10.2139/SSRN.382566","DOIUrl":"https://doi.org/10.2139/SSRN.382566","url":null,"abstract":"Out of the Human Genome Project and automated sequencing technology has arisen a controversy over the attempt to obtain patents on fragments of functional genes, known as expressed sequence tags (EST), and the genes themselves. In addition to legal and academic debate over the patent ability of expressed sequence tags, the issue of property rights in these gene fragments raises questions about economics and social policy. The article offers a solution to this debate by proposing a registration stem that, first, avoids the costs of patent prosecution and examination; second, has none of the adverse economic consequences of patenting expressed sequence tags; and, third, recognizes that expressed sequence tags have some value. The article summarizes the science, explains the controversy over ESTs, and outlines a trio of existing models for access to EST sequences. The article continues by analyzing issues of patent law in relation to ESTs and introduces property and economic issues. The article then proposes two possible solutions: limiting to ten the number of ESTs per patent application, as is currently the plan and policy of the PTO; and issuing short-term (ten-year) patents on ESTs alone. This leads to the author explaining, justifying, and defending a registration system that gives less robust property rights than the standard twenty-year patent. Finally, the author addresses some of the philosophical issues pertaining to property rights in genetic material.","PeriodicalId":51610,"journal":{"name":"Iowa Law Review","volume":"85 3 1","pages":"735-848"},"PeriodicalIF":1.3,"publicationDate":"2003-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.382566","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68651768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 28

The Virtues of Uncertainty in Law: An Experimental Approach 法律不确定性的优点:一种实验方法

IF 1.3 3区社会学

Iowa Law Review Pub Date : 2003-01-01 DOI: 10.2139/SSRN.380302

T. Baker, Alon Harel, Tamar Kugler

引用次数: 65

Essential Speech: Why Corporate Speech Is Not Free 基本言论:为什么公司言论不是自由的

IF 1.3 3区社会学

Iowa Law Review Pub Date : 2003-01-01 DOI: 10.2139/SSRN.794785

D. Greenwood

{"title":"Essential Speech: Why Corporate Speech Is Not Free","authors":"D. Greenwood","doi":"10.2139/SSRN.794785","DOIUrl":"https://doi.org/10.2139/SSRN.794785","url":null,"abstract":"In a democracy, the citizens are the only legitimate sources of law. It follows inexorably that corporations, not being citizens, cannot be legitimate political actors. The problem of corporate speech is further complicated by the internal rules of corporate governance. When corporations \"speak,\" they do so by decision of their managers, who are constrained by fiduciary duties and economic pressure of the stock market to advocate for a single value: maximum profit for shares. In a multifaceted culture of manifold and various values, it is inevitable that the pursuit of profit, valuable as it is, will conflict with other important goals. But role-constrained corporate managers may not consider those other values, even in circumstances where they, or any other corporate participant, would view them as important. Because corporate speakers are barred from considering the full range of values critical to any citizen's analysis, corporate speech cannot reflect the actual views of any citizen or human being with a claim on corporate assets. Instead, it is legally constrained advocacy, using corporate resources, on behalf of a purely imaginary principal, reflecting only one side of the conflicts around which our politics revolves. It follows that current First Amendment doctrine is backwards. The speaker matters; instead of corporate speech being protected, it should be suspect. To grant a tool a right against the citizens who use it is a form of political idolatry that ought to be abhorrent to any democratic regime.","PeriodicalId":51610,"journal":{"name":"Iowa Law Review","volume":"83 1","pages":"995"},"PeriodicalIF":1.3,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67830188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 23

Do you know who your physician is? Placing physician information on the Internet. 你知道你的医生是谁吗?将医生信息放在互联网上。

IF 1.3 3区社会学

Iowa Law Review Pub Date : 2002-05-01

Kristin Baczynski

引用次数: 0

First Peoples, First Principles: The Sentencing Commission's Obligation to Reject False Images of Criminal Offenders 第一民族，第一原则:量刑委员会拒绝刑事罪犯虚假形象的义务

IF 1.3 3区社会学

Iowa Law Review Pub Date : 2002-02-28 DOI: 10.2139/SSRN.301647

Nora V. Demleitner

{"title":"First Peoples, First Principles: The Sentencing Commission's Obligation to Reject False Images of Criminal Offenders","authors":"Nora V. Demleitner","doi":"10.2139/SSRN.301647","DOIUrl":"https://doi.org/10.2139/SSRN.301647","url":null,"abstract":"Driven by public concern about sex offenses, in recent years Congress has repeatedly enhanced the penalties for federal sex offenders. In doing so, it has responded to the predominant portrayal of sex offenders as inhuman predators, and heeded the demand of victims rights groups for longer sentences. However, it has failed to consider the special make-up of the sex offender population sentenced in federal court. While only a small number of all sex offenders are sentenced in federal court, over half of them are Native Americans. The culpability and future risk of many Native American sex offenders, however, differs dramatically from that of non-Native American offenders. Many of them are situational rather than dispositional offenders. The guidelines fail to account for unique features, such as the high alcoholism rate on reservations, which may contribute to sex offenses committed by Native Americans. In addition, the federal sentencing regime does not consider the special impact of incarceration upon them. This article calls upon the U.S. Sentencing Commission to use its special expertise and institutional position to help create more equitable and fair sentencing policies for all, and to start by addressing the impact of current sentencing practices on Native American sex offenders. This request is based on the Commission's statutory obligation to assist Congress in creating a rational and humane sentencing policy. The article outlines a number of possibilities to address the plight of Native American sex offenders. Among them are the recognition of novel departure grounds and allowing federal courts to consider comparable state sentences in imposing punishment. While such proposals ask that fundamental tenets of guideline sentencing be reconsidered, they promise greater justice and fairness for all.","PeriodicalId":51610,"journal":{"name":"Iowa Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2002-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68481160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Social risk and the transformation of public health law: lessons from the plague years. 社会风险与公共卫生法的变革:鼠疫年代的教训。

IF 1.3 3区社会学

Iowa Law Review Pub Date : 2001-03-01

Elizabeth Cooper

引用次数: 0