scholarly journals Restatement of the Law, Copyright: A Useful Resource for Practitioners and Courts or a Rashomon Exercise?

2021 ◽  
Vol 44 (3) ◽  
Author(s):  
Eric J. Schwartz
Keyword(s):  
Primary Source ◽  
Case Law ◽  
The United States ◽  
Copyright Law ◽  
Point Of View ◽  
Legislative History ◽  
The Face ◽  
American Law ◽  
The Law ◽  
Federal Statute

As the Ninth Circuit succinctly observed, when deciphering copyright law, “[w]e begin, as always, with the text of the statute.”  An examination of any aspect of copyright law commences with the text of Title 17 of the United States Code (the “statute”), and then turns to case law for adjudications and interpretations of the relevant statutory text, or as the primary source of law in the gaps in the statute.  Everything else is secondary and not, of course, a substitute for the law, whether it is legislative history, Copyright Office (and other government agency) studies, treatises, or other commentary. If copyright law consists predominantly of federal statute, how, if at all, will the American Law Institute (“ALI”) project to prepare a Restatement of the Law of Copyright (the “Restatement”) provide a useful or necessary resource for attorneys and the courts?  In the face of the primacy of the enacted statutory text, why undertake a project to recast and rephrase the law?  What, if any, use might it yield to practitioners and courts, and equally importantly, will consequential harms result? From the inception of the Restatement project, the creative community has collectively viewed the project with skepticism about its necessity and fears about its purpose and biases, and the resultant impact on the livelihoods of creators.  This Response focuses on the practical uses, if any, of the Restatement for attorneys and courts grappling with copyright issues.  The Response also examines, from a practitioner’s point of view, the Restatement’s potential to harm the ecosystem of the copyright creative community, and the likelihood that the harm will outweigh any value the Restatement might bring to clarifying the law.

The Common Law Legal Tradition: First Things First

2021 ◽  
pp. 15-22
Author(s):  
Steven Gow Calabresi
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Civil Law ◽  
Primary Source ◽  
Case Law ◽  
The United States ◽  
Public Law ◽  
Legal Tradition ◽  
The Common ◽  
The Law

This chapter explains briefly the origins and development of the common law tradition in order to better understand the rise of judicial review in the seven common law countries discussed in this volume. The common law legal tradition is characterized historically, in public law, by limited, constitutional government and by forms of judicial review of the constitutionality of legislation. In private law, the common law tradition is characterized by judge-made case law, which is the primary source of the law, instead of a massive code being the primary source of the law. The common law tradition is also characterized by reliance on the institution of trial by jury. Judges, rather than scholars, are the key figures who are revered in the common law legal tradition, and this is one of the key things that distinguishes the common law legal tradition from the civil law legal tradition. The common law legal tradition emphasizes judicial power, which explains why it has led to judicial review in the countries studied in this volume. It is the prevailing legal tradition in the four countries with the oldest systems of judicial review of the constitutionality of legislation: the United States, Canada, Australia, and India. Thus, judicial review of the constitutionality of legislation in these four countries is very much shaped by common law attitudes about the roles of judges.

scholarly journals The Past, Present, and Future of the Restatement of Copyright

2021 ◽  
Vol 44 (3) ◽  
Author(s):  
Shyamkrishna Balganesh ◽  
Jane C. Ginsburg
Keyword(s):  
Copyright Law ◽  
Full Membership ◽  
The Past ◽  
American Law ◽  
The Law ◽  
Federal Statute

It is now six years since the American Law Institute (ALI) began work on its first ever Restatement of an area dominated by a federal statute: copyright law. To say that the Restatement of the Law, Copyright (hereinafter “Restatement”) has been controversial would be a gross understatement. Even in its inception, the ALI identified the project as an outlier, noting that it was likely to be seen as an “odd project” since copyright “is governed by a detailed federal statute.”1 Neither the oddity nor the novelty of the project, however, caused the ALI to slow its efforts to push the project forward, and despite the persistence of serious objections from within the membership of the project (including many of the project’s Advisers), the first draft of the Restatement is scheduled to go to a vote seeking adoption by the organization’s full membership in the middle of 2021.

English Foundations of American Law, 1500s–1776

2018 ◽  
pp. 48-74
Author(s):  
John B. Nann ◽  
Morris L. Cohen
Keyword(s):  
Eighteenth Century ◽  
Common Law ◽  
Case Law ◽  
Case Finding ◽  
Colonial Period ◽  
Legal Issue ◽  
Good Case ◽  
American Law ◽  
English Law ◽  
The Law

This chapter describes current sources and techniques useful for finding seventeenth- and eighteenth-century laws of England and introduces some methods an attorney in England in the seventeenth and eighteenth centuries might have used. Before researchers can find the law, they must know what was considered to be the source of law in the period being investigated. Reporting, publishing, and finding cases has been important in English law for centuries. Parliamentary enactments during the colonial period also play an important part in the framework surrounding any particular legal issue. Meanwhile, English law is built on a foundation of common law, which is built on case law. As such, finding cases that relate to a particular topic is critical in research. A good case-finding option is a digest of cases; these have been written over the centuries, as have abridgments and treatises on particular areas of law.

scholarly journals Źródła i przedmiot nauczania katechetycznego w ujęciu prawa kanonicznego

2018 ◽  
pp. 463-475
Author(s):  
Jerzy Adamczyk
Keyword(s):  
Religious Education ◽  
Canon Law ◽  
Primary Source ◽  
Point Of View ◽  
Church Life ◽  
Religious Teaching ◽  
The Subject ◽  
The Law

The following article deals with the sources and subject of religious teaching from the canon point of view. Canon Law Code 760 specifies the Holy Bible as the first and primary source of religious education. The next fundamental source of cathesis is Tradition, then, the liturgy and the Magisterium and Church life. The subject of word ministry (religious education) should be the mystery of Christ presented entirely and faithfully, taking the law hierarchy into account.

Indian Legal Literature

2008 ◽  
Vol 36 (2) ◽  
pp. 300-302
Author(s):  
Surendra Malik
Keyword(s):  
Case Law ◽  
Point Of View ◽  
Legal Literature ◽  
Statutory Law ◽  
The Law

Indian Legal literature is comprehensive and exhaustive in that it fully encompasses the law prevailing in India in all its varied aspects. Statutory law, case law, and minor portions of customary and religion-based laws are well documented and readily accessible. Fortunately, from the point of view of a foreign reader, nearly all of the law currently prevalent in India is available in English.

scholarly journals A Managerial Guide to Products Liability: A Primer on the Law in the United States

2012 ◽  
Vol 2 (3) ◽  
pp. 34
Author(s):  
Jr. Richard J. Hunter ◽  
Henry J. Amoroso ◽  
John H. Shannon
Keyword(s):  
United States ◽  
Strict Liability ◽  
Case Law ◽  
The United States ◽  
Managerial Decision ◽  
Products Liability ◽  
Product Manager ◽  
The Common ◽  
The Law ◽  
Product Defect

This article provides an overview or primer on the law of products liability in the United States for use in the managerial decision-making process.  It focuses on the development of case law under the common law in determining a product defect, types of defects, theories of recovery, and the move to the adoption of the theory of strict liability in products cases.  The article is written within the context of the Restatement of the Law of Torts.  The article provides useful information to the product manager who is responsible for production decisions in a business organization. Key words: Products Liability, Product Defects, Strict Liability in Tort

scholarly journals Revival of the Abbasid caliphate in Cairo In light of inscriptions on Mamluk coins 659) AH/ 1261CE): إحياء الخلافة العباسية في القاهرة في ضوء النقوش الكتابية على النقود المملوكية (659هـ/1261 م)

2020 ◽  
Vol 6 (4) ◽  
Author(s):  
Elshahat Anwar Barakat
Keyword(s):  
Primary Source ◽  
Point Of View ◽  
Islamic World ◽  
Muslim Countries ◽  
Period 2 ◽  
Imaginary Power ◽  
Abbasid Caliphate ◽  
Islamic Countries ◽  
The Face ◽  
The Right

The study aimed to address the revival of the Abbasid Caliphate in Cairo, after it fell at the hands of the Mughal advance in the fall of Baghdad in 656 AH, so the Abbasid Caliphate fell and the Mongols took control of its capital, Baghdad, and killed the last Abbasid caliphs, the Sultan Al-Mustasim slaughtered in 656 AH, and since then Muslims did not have a state that defends them and fights under its flag except the Mamluk state in Egypt, which responded to the Mongol attacks on the Islamic world, and the Mamluks managed to defeat the Mongols in the famous battle of Ain Jalut 658 AH, which was the beginning of the true breakdown of the Mongol advance to the Islamic world, and the Mamluk victories continued over the Mongols. After that, many of the Islamic countries they had conquered were liberated at the beginning of their encroachment on Muslim countries. The Mamluks were then the campaigners of the jihad brigade and raised their banner against the Mongols, and they also became the actual rulers of Egypt and the Levant since then with the right of the sword and the power they possessed, especially after they rid the Islamic world of the attacks of the Mongols who terrorized people and killed hundreds of thousands and could only stand in the face of them. Mamluks, so people condemned the Maliki and satisfied their rule. However, the Mamluks themselves saw a lack of their rule as if the specter of slavery in which they lived before they became rulers continued to haunt them, and the matter increased during the reign of Zahir Baybars, who tried to legitimize his rule and the rule of the Mamluks after him, so he took many measures to achieve that and the most important of these The measures are "reviving the Abbasid caliphate in Cairo," which had fallen in its capital, Baghdad, after the Mongol attacks and the fall of Baghdad in their hands, so that the city of Cairo became the incubator of the caliphate and its new patron during the Mamluk era, but this time the caliphate did not become an absolute authority as it was before, but rather Imaginary power behind which the Mamluks rule the Islamic countries, so the position of the caliphate was divided into two parts of the religion of the Abbasid caliph and the politician of the apparent Baybars, and the title of the apparent Baybars Qasim, the Commander of the Faithful, a metaphor for the sharing of the position of the caliphate between him and the Abbasid caliph, and struck that on the money that was silenced in his era, which is more accurate Witness the new changes in the conditions of the Abbasid Caliphate, as well as the Mamluk Sultanate in Egypt. And this research that is in our hands will address this topic through a descriptive study of the writings and inscriptions on Mamluk money minted in Egypt during that period. The researcher found that: 1- the Abbasid Caliphate was merely a mere caliphate that had no strength in that period. 2- the researcher recommended the necessity of studying archeology and archaeological writings from a historical point of view as a primary source for documentation and validation of historical information.

scholarly journals Sądowa kontrola decyzji organów podatkowych w sprawach ulg w spłacie zobowiązań podatkowych opartych na uznaniu administracyjnym

2021 ◽  
Vol 30 (4) ◽  
pp. 441
Author(s):  
Andrzej Niezgoda
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Case Law ◽  
Point Of View ◽  
Administrative Discretion ◽  
The Public ◽  
Procedural Law ◽  
Tax Relief ◽  
The Law ◽  
Administrative Courts

<p>The article is of a scientific-research nature. The author discusses the problem of limits of judicial review of discretionary decisions made by taxation authorities, which aim at applying relief in payments of tax liabilities under Polish regulations and case-law of administrative courts. It may be noted that despite the issue of administrative discretion being discussed in the academic literature, the question of limits of judicial review in the practice of administrative courts still raises doubts. It is therefore reasonable to undertake the analysis of the main views formulated in the literature and the case-law of administrative courts addressing this problem, from the point of view of the limits of judicial review of discretionary decisions. The thesis of the article is that the nature of discretionary decisions on relief in payment of tax liabilities, determined by the function of administrative discretion, and, at the same time, the criteria set out in the law for judicial review of public administration, limit the role of the administrative court in examining the compliance with procedural law of the tax proceedings preceding the issuance of such a decision and the respecting by tax authorities of the fundamental values of the system of law expressed in the Polish Constitution. This is because they define the limits of administrative discretion, within which the choice of one of the possible solutions remains beyond the judicial review of the public administration. For the law, as it stands (<em>de lege lata</em>) there are no grounds for administrative courts, provided that the tax authorities respect the basic values of the legal system expressed in the Polish Constitution, to formulate assessments as to the circumstances and reasons justifying the granting or refusal to grant a tax relief, or its scope. The concept of internal and external limits of administrative discretion may therefore be useful for administrative court rulings.</p>

scholarly journals Online Music Piracy: Are Lawsuits The Best Approach?

2011 ◽  
Vol 2 (9) ◽  
Author(s):  
Claire R. La Roche ◽  
Mary A. Flanigan ◽  
Melanie B. Marks
Keyword(s):  
Undergraduate Students ◽  
Music Industry ◽  
Case Law ◽  
The United States ◽  
Copyright Law ◽  
Economic Consequences ◽  
Music Piracy ◽  
Online Music ◽  
Worldwide Phenomenon ◽  
Illegal Downloading

<p class="MsoBodyText" style="text-align: justify; line-height: normal; margin: 0in 0.5in 0pt;"><span style="color: black; font-size: 10pt; mso-bidi-font-style: italic;"><span style="font-family: Times New Roman;">In the age of digital technology, perfect copies of sound recordings may be easily made and shared in violation of copyright law.<span style="mso-spacerun: yes;">&nbsp; </span>Music piracy in the form of illegal downloading is a worldwide phenomenon that has a significant impact on the music industry.<span style="mso-spacerun: yes;">&nbsp;&nbsp; </span>In response to the perceived threat to the music industry, lawsuits have been filed in the United States and abroad based on copyright infringement for illegally downloading music. This paper examines copyright law, case law, and recent litigation.<span style="mso-spacerun: yes;">&nbsp; </span>In the wake of legal efforts to curtail illegal downloading, a survey of 112 undergraduate students was conducted in an effort to determine whether the lawsuits filed by the music industry are a deterrent to downloading music.<span style="mso-spacerun: yes;">&nbsp; </span>Potential solutions are proposed and economic consequences discussed.</span></span></p>

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