Article

Copyright Harm, Foreseeability, and Fair Use

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 of owners and users. Copyrights must be broad enough to give authors sufficient incentive to create,…
Article

Government Lawyers and Confidentiality Norms

Part I of this Article outlines the lawyer’s confidentiality obligation, which is both strict and broad. One of the exceptions to that obligation, however, is that clients can consent to disclosure. Thus, Part II examines in some depth the identity of the government lawyer’s client, and concludes that no single definition of a client applies to all government lawyers. Instead, one must examine the structure of authority within the particular…