No Law

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Release : 2008-10-27
Genre : Law
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Book Rating : 275/5 ( reviews)

No Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook No Law write by David L. Lange. This book was released on 2008-10-27. No Law available in PDF, EPUB and Kindle. The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. No Law offers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain. The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.

Make No Law

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Release : 1992-09-01
Genre : Political Science
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Book Rating : 394/5 ( reviews)

Make No Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Make No Law write by Anthony Lewis. This book was released on 1992-09-01. Make No Law available in PDF, EPUB and Kindle. A crucial and compelling account of New York Times Co. v. Sullivan, the landmark Supreme Court case that redefined libel, from the Pulitzer Prize–winning legal journalist Anthony Lewis. The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel—and was awarded $500,000 by a local jury—because the paper had published an ad critical of Montgomery's brutal response to civil rights protests. The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's historic reversal of the original verdict are expertly chronicled in this gripping and wonderfully readable book by the Pulitzer Prize Pulitzer Prize–winning legal journalist Anthony Lewis. It is our best account yet of a case that redefined what newspapers—and ordinary citizens—can print or say.

Congress Shall Make No Law

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Release : 2010-09-16
Genre : Political Science
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Book Rating : 121/5 ( reviews)

Congress Shall Make No Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Congress Shall Make No Law write by David M. O'Brien. This book was released on 2010-09-16. Congress Shall Make No Law available in PDF, EPUB and Kindle. The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech, or of the press. . . . ' Yet, in the following two hundred years, Congress and the states have sought repeatedly to curb these freedoms. The Supreme Court of the United States in turn gradually expanded First Amendment protection for freedom of expression but also defined certain categories of expression_obscenity, defamation, commercial speech , and 'fighting words' or disruptive expression-as constitutionally unprotected. From the Alien and Sedition Act of 1798 to the most recent cases to come before the Supreme Court, noted legal scholar David M. O'Brien provides the first comprehensive examination of these exceptions to the absolute command of the First Amendment, providing a history of each category of unprotected speech and putting into bold relief the larger questions of what kinds of expression should (and should not) receive First Amendment protection. O'Brien provides readers interested in civil liberties, constitutional history and law, and the U. S. Supreme Court a treasure trove of information and ideas about how to think about the First Amendment.

No Higher Law

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Release : 2010-06-14
Genre : History
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Book Rating : 989/5 ( reviews)

No Higher Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook No Higher Law write by Brian Loveman. This book was released on 2010-06-14. No Higher Law available in PDF, EPUB and Kindle. Dismantling the myths of United States isolationism and exceptionalism, No Higher Law is a sweeping history and analysis of American policy toward the Western Hemisphere and Latin America from independence to the present. From the nation's earliest days, argues Brian Loveman, U.S. leaders viewed and treated Latin America as a crucible in which to test foreign policy and from which to expand American global influence. Loveman demonstrates how the main doctrines and policies adopted for the Western Hemisphere were exported, with modifications, to other world regions as the United States pursued its self-defined global mission. No Higher Law reveals the interplay of domestic politics and international circumstances that shaped key American foreign policies from U.S. independence to the first decade of the twenty-first century. This revisionist view considers the impact of slavery, racism, ethnic cleansing against Native Americans, debates on immigration, trade and tariffs, the historical growth of the military-industrial complex, and political corruption as critical dimensions of American politics and foreign policy. Concluding with an epilogue on the Obama administration, Loveman weaves together the complex history of U.S. domestic politics and foreign policy to achieve a broader historical understanding of American expansionism, militarism, imperialism, and global ambitions as well as novel insights into the challenges facing American policymakers at the beginning of the twenty-first century.

No Magic Wand

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Release : 2006
Genre : Law
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Book Rating : 230/5 ( reviews)

No Magic Wand - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook No Magic Wand write by David Stanley Caudill. This book was released on 2006. No Magic Wand available in PDF, EPUB and Kindle. Since 1993, Supreme Court precedent has asked judges to serve as gatekeepers to their expert witnesses, admitting only reliable scientific testimony. Lacking a strong background in science, however, some judges admit dubious scientific testimony packages by articulate practitioners, while others reject reliable evidence that is unreasonably portrayed as full of holes. Seeking a balance between undue deference and undeserved skepticism, Caudill and LaRue draw on the philosophy of science to help judges, juries, and advocates better understand its goals and limitations.