No Law: Intellectual Property in the Image of an Absolute First Amendment

By David L. Lange; H. Jefferson Powell | Go to book overview

Index
Abraham, Henry J., 257
Abrams, Howard, 337n.27
Abrams v. United States, 225–26, 230, 231, 233, 236–37, 239, 271, 280, 282, 396n.3, 397n.9, 398nn.20, 21, 399nn.43, 44
Absolute First Amendment, 134, 239–60; and Beauharnais v. Illinois, 247–50; and Constitution vs. Court as authority, 244–45, 250–53; copyright under, 308, 318; and current nonabsolutist Court, 256–60; economic incentives under, 318–20; fair use under, 316–17; and federalism, 299–300; free expression under, 411n.1; and incorporation debate, 242–46, 253–54; individual rights under, 279–81, 298–99; intellectual climate surrounding, 240–42; intellectual productivity under, 320–24; intellectual property under, 296–301, 305–24; and interestbalancing, 267–69; and judicial review, 264; and law of the Eleventh Amendment, 271–79; and New York Times v. United States, 254–56; patents under, 308–9; piracy under, 317–18; and powergranting vs. libertyprotecting provisions, 265–66, 269–77; trademarks under, 309; trade secrets under, 309–10
Acknow ledg ment of provenance, 318–19
Adams, John, 203, 209–10, 220, 229
Adamson v. California, 245, 246, 401nn.17, 18, 20–23
Aimster. See In re Aimster Copyright Litigation Alden v. Maine, 407n.36
Alexander v. United States, 408–9n.14
Alfred Bell & Co. v. Catalda Fine Arts, 86–87, 336n.18
ALI. See American Law Institute
Alien and Sedition Acts, 214
American Geophysical Union v. Texaco, 338n.47
American Law Institute (ALI), 16–17
Amhil Enters., Ltd. v. Wawa, Inc., 338n.48
A&M Rec ords, Inc. v. Napster, Inc., 341n.77, 342nn.94, 98
Animal Legal Defense Fund v. Quigg, 338n.45
Anne (queen of En gland), 12
Antitrafficking provision (DMCA), 414n.24
Aoki, Keith, 138
AP. See Associated Press Appellate courts, 405–6n.9
Appropriation. See also Misappropriation: under absolute First Amendment, 320; competitive, 173–75, 177; exclusivity vs., 11, 97–107; freedom of, 175–79; of a person's identity, 18, 23; sharing revenue from, 179–82
Areopagitica (Milton), 290
Arnold, Tom, 334n.5
Arts and artisanship, 69
Associated Press (AP), 151–52. See also International News Ser vice v. Associated Press Austin, Graeme, 333n.69
Autogiro Company of America v. United States, 338n.51
Avon Periodicals v. Ziff- Davis Pub. Co., 332n.66
Baker, C. Edwin, 139
Balancingofinterests model, 248–49, 264, 267–69, 271

-421-

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