Copyright law needs a theory of harm that can give effect to its constitutional purpose. The Patent and Copyright Clause of the U.S. Constitution gives Congress the power to enact federal copyright law “To Promote the Progress of Science and useful Arts.” In order to achieve this objective, copyright law must balance the rights [...]
A lawyer’s duty of confidentiality is not subject to the kind of waiver that Alberto Mora posited. A client’s revelation of some information about a topic does not give her lawyer the option of revealing additional information about that same topic. In most states, a lawyer’s duty of confidentiality is defined very broadly and [...]
The term “corporate governance” means simply “the system by which companies are directed and controlled.” But the contours of the topic are much more complicated. A fundamental debate among corporate-governance commentators is the extent to which shareholders should participate in the process. This debate has continued since 1933, when Adolf A. Berle, [...]
The Fourth Amendment stands as the main protector of individual privacy from government intrusion. This protection is prophylactic, as “[t]he Amendment is designed to prevent, not simply to redress, unlawful police action.” Consequently, the specific protections of the amendment aim to deter violations from occurring in the first place. Yet there are [...]
