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9 Feb 2011, 12:40 pm by pfriedman
Rick Ungar suggests that believing our Founding Fathers would not have approved of requiring individuals purchasing health insurance is belied by what Congress did just twelve years after the Constitution was adopted: In July of 1798, Congress passed – and President John Adams signed – “An Act for the Relief of Sick and Disabled Seamen. [read post]
17 Nov 2010, 4:48 am by pfriedman
Why hasn’t Greg Gillis, who performs and records as Girl Talk, been sued despite (1) the fact his music consists entirely of recorded samples of other recordings, (2) his high profile and success, and (3) the music industry’s insistence — based on very shaky legal grounds — that no recorded sample can be appropriated without permission? [read post]
10 Jun 2010, 2:35 pm by pfriedman
In March, I emphasized — not for the first time — the insanity of considering corporate and other business entities as rational actors of the sort many economists consider people to be. [read post]
28 Aug 2010, 1:34 pm by pfriedman
From Richard Posner writing in honor of the memory of Bernard Meltzer: What has happened since the 1960s—that watershed decade in modern American history—is the growing apart, especially but not only at the elite law schools, of the lawyer and the judge on the one hand and the law professor on the other hand. [read post]
5 Jul 2012, 3:39 am by pfriedman
From Dancing About Architecture: A Little Book of Creativity, by Phil Beadle: We create the new not generally through some mad moment of inspiration in fictionalized accounts of ancient Greeks in baths (though the conditions for this can be forced into existence), but by putting things together that do not normally go together; from taking disciplines (or curriculum areas) and seeing what happens when they are forced into unanticipated collision. . . . [read post]
15 Jun 2010, 6:52 am by pfriedman
The Lawyer’s Weekly reports that lawyer Lorne Waldman has filed a class action in Canada alleging that Westlaw infringes the copyrights held in the documents lawyers file in court and that Westlaw publishes through its online, for pay research service: The Toronto lawyer contends that the defendants’ Westlaw Litigator service is infringing his copyright, and that of hundreds, if not thousands, of other lawyers by reproducing (in PDF, Microsoft Word and other downloadable formats), and… [read post]
13 Oct 2009, 9:37 am
Kristopher Nelson of in propria persona graduated from Harvard Law School in May and now is a graduate student in the history of science. [read post]
17 May 2010, 3:10 pm by pfriedman
From Jim Jarmusch’s Golden Rules, which are about film making but have an awful lot of relevance to the practice of law: Rule #1: There are no rules. [read post]
26 Feb 2011, 2:34 pm by pfriedman
It’s easy sometimes to lose sight of the fact our legal system is called a justice system and that law doesn’t exist for it’s own sake. [read post]
18 Sep 2009, 4:43 am
In Oregon, there’s an interesting and seemingly misbegotten effort by the state’s attorney general to assert the right to enforce a copyright in the state’s official documents. [read post]
10 Jan 2011, 3:59 pm by pfriedman
From Ernesto at TorrentFreak, an excerpt: In 2010 the BPI reports that there were 281.7 million units sold, which is an all-time record. [read post]
7 Aug 2010, 12:35 pm by pfriedman
I want to expand a bit on why I don’t believe a lawsuit of the sort Donald Rosenberg brought is a useful way of enforcing journalistic integrity. [read post]
9 Nov 2009, 3:07 am
One of the reasons I was willing and remain committed to writing about law and creativity here at Geniocity is the purpose of this site as Carolyn Jack, its founder, has made clear to me from the beginning: it’s intended to show how innovation works across professions and disciplines normally segregated from one another so that people in those disciplines and fields can learn from one another. [read post]
1 Jul 2009, 6:32 am
Another in a long line of this type of case: Larrikin Music is suing for compensation from royalties earned by Men at Work, alleging that the distinctive flute riff in “Down Under” was copied from the refrain of a 1934 children’s tune, “Kookaburra Sits in the Old Gum Tree. [read post]
1 Sep 2010, 10:33 am by pfriedman
Dahlia Lithwick writes of her legal hero, Atticus Finch, and the noxious myth that empathy has nothing to do with being an effective judge: Atticus’s life instruction to his daughter, Scout. [read post]
8 Jul 2009, 7:41 am
The ways changing reality forces change in the ways business is done: Nicholas Cohen wrote in January that it costs the New York Times “about twice as much money to print and deliver the newspaper over a year as it would cost to send each of its subscribers a brand new Amazon Kindle instead. [read post]