Strictness and Subsidiarity: An Institutional Perspective on Affirmative Action at the European Court of Justice

The move to strict review of gender equality cases by the European Court of Justice raises questions regarding the institutional role of the Court. Comparisons between the ECJ\u27s affirmative action case law and US jurisprudence serve to illuminate the very different role played by the ECJ as the central arbiter of a supranational judiciary. In its readiness to decide contextual issues better left to the national courts, the European Court has taken an American approach to affirmative action out of keeping with its role. Closer attention to the dynamics of the Court\u27s partnership with national judiciaries would serve as a step toward a functional conception of judicial subsidiarity

Does Copyright Help or Harm Cultural Diversity in the Digital Age?

Article published in the Kritika Kultura

Does Copyright Help or Harm Cultural Diversity in the Digital Age?

Does copyright advance cultural diversity or inhibit it? Some blame copyright for fostering a global monoculture. Others contend that copyright enhances diversity by encouraging originality. Similarly opposing narratives exist regarding piracy: Some see piracy as an existential threat that will cripple cultural production; others argue piracy expands markets and exposes audiences to diverse content. This article reviews both theoretical and empirical literature on copyright’s effects and on the conditions arising in copyright’s absence. It argues that a regime of modest copyright protection, with appropriately tailored limitations, is likely to prove most conducive to copyright diversity. The article concludes with a call to make the copyright system more hospitable to a particular source of cultural diversity: creative upstarts, a diverse class of creators who operate outside of the mainstream content industries

Traditional Knowledge Rights and Wrongs

Article published in the Va. J.Law & Tech.

The Role of Copyright in Creative Industry Development

Article published in the Law Dev. Review

Is Busing Preferential? An Interpretive Analysis of Proposition 209

Article published in the Whittier Law Review

Making Copyright Work for Creative Upstarts

Article published in the George Mason Law Review

Cultivating Capabilities for Creative Industry Upstarts

Article published in the Michigan State International Law Review