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16 Apr 2009, 12:53 pm
(Some of what follows probably repeats, perhaps with different emphasis, comments by David Fagundes and James Grimmelmann, Paul Ohm, and others.) [read post]
3 Oct 2018, 3:30 am by David Fagundes
David Fagundes It’s no longer news that a major proportion of property regulation happens outside the bounds of the law thanks to social norms and their extralegal enforcement. [read post]
12 Dec 2022, 3:30 am by David Fagundes
David Fagundes In popular culture, blockchains (to the extent they are understood at all) are associated with cryptocurrency, and following the crypto crash of 2022, increasingly dismissed as part of a classic asset bubble. [read post]
28 Mar 2022, 3:30 am by David Fagundes
David Fagundes Property scholars have long noted a gulf between the way laypeople think about ownership and how property law actually works.1 This gulf has widened in the digital age, as our beliefs about what we own and what ownership means have not kept pace with our complicated relationships with digital goods. [read post]
20 Jul 2017, 3:30 am by David Fagundes
David Fagundes It is now a familiar point that positive law accounts for only part of the systems that regulate human behavior. [read post]
15 Nov 2023, 3:30 am by David Fagundes
David Fagundes Some years ago I attended a presentation by a musicologist who specialized in giving testimony in copyright litigation. [read post]
9 Aug 2019, 3:30 am by David Fagundes
David Fagundes It’s not news that normatively fraught debates in legal academia tend to become polarized and then stuck. [read post]
20 May 2011, 7:31 pm by Ann Bartow
Here is the abstract: “Some groups use endemic social norms rather than formal law to regulate their intellectual property (IP). [read post]
16 Jul 2020, 3:30 am by David Fagundes
David Fagundes Several scholars have shown that while copyright law may appear facially race-neutral, in its application many of its provisions perpetuate systemic discrimination, particularly against African American creators. [read post]
24 Jun 2015, 2:17 pm
David Fagundes’s “State Actors as First Amendment Speakers” (2006) is the most recent summary of the issue, and my sense is that there hasn’t been much resolved since then; the most recent explicit word from the Court was this passage, in U.S. v. [read post]
6 Dec 2011, 12:09 am by Dan Markel
 Tonight, Dave Fagundes (SW) and Michael Waterstone (LLS) begin hosting the 9th P-fest! [read post]
27 May 2011, 10:22 am by Michael J.Z. Mannheimer
Then, in December 2009, I got an e-mail from David Harris, then-Chair of the AALS Section on Criminal Justice, informing me that my paper had been selected as the winner of the Section's Junior Scholar Paper Award. [read post]
17 Apr 2010, 1:21 pm by Kaimipono D. Wenger
Over at Prawfs, Dave Fagundes asks if we should replace paper reprints with digital. [read post]
17 Apr 2009, 1:25 pm
Thanks to distinguished participants Ann Bartow, Daithí Mac Síthigh, David Fagundes, Michael Froomkin, Nathaniel Gleicher, James Grimmelmann, Orin Kerr, Nancy Kim, Helen Norton, David Robinson, Dan Solove, and Kaimi Wenger and my co-bloggers Dave Hoffman, Frank Pasquale, and Deven Desai (who came up with the idea for the symposium, wrote superb posts, and organized the event) that conversation happened in a rich and… [read post]
10 Feb 2009, 2:47 pm
Rev. 87 (2009) [PDF] David Fagundes, Crystals in the Public Domain, 50 B.C. [read post]
4 Sep 2015, 3:30 am by David Fagundes
David Fagundes Of the many things that may cause us to admire an article, one is the author’s identification of a meaningful relationship between fields that had otherwise seemed entirely disparate. [read post]
4 Sep 2015, 3:30 am by David Fagundes
David Fagundes Of the many things that may cause us to admire an article, one is the author’s identification of a meaningful relationship between fields that had otherwise seemed entirely disparate. [read post]
4 Aug 2016, 3:30 am by David Fagundes
David Fagundes What kind of legal wrong is copyright infringement? [read post]
21 Sep 2008, 8:26 am
Bravo to the co-founders (David Fagundes of Southwestern and Jason Solomon at Georgia)! [read post]