Faith in the Republic: A Frances Lewis Law Center Conversation

This is a spontaneous conversation discussing Hauserwas’ singular political theology in response to Levinson and Tushnet’s constitutional jurisprudence. It developed into a highly interesting debate concerning constitutional faith. This conversation was recorded at Washington and Lee’s Law Center on December 11, 1987

Faith in the Republic: A Frances Lewis Law Center Conversation

This is a spontaneous conversation discussing Hauserwas’ singular political theology in response to Levinson and Tushnet’s constitutional jurisprudence. It developed into a highly interesting debate concerning constitutional faith. This conversation was recorded at Washington and Lee’s Law Center on December 11, 1987

Reputation in European Trade Mark Law: A Re-examination

Under the harmonised European trade mark regime marks with a reputation enjoy expanded protection. This article casts doubt on whether this ‘reputational trigger’ can be justified. It then explores some difficult operational questions about the way the reputation threshold works in cases where the mark enjoys fame only in niche markets or in a limited geographical area, the aim being to illustrate further why reputation is an unsatisfactory trigger for a different type of trade mark protection. Finally, it looks at some of the evidential difficulties involved in adjudicating disputes in which expanded protection is being claimed. It concludes by suggesting that if the evidential problems we identify were tackled the reputation threshold could be abandoned

Defining authorship in user-generated content : copyright struggles in The Game of Thrones

The notion of authorship is a core element in antipiracy campaigns accompanying an emerging copyright regime, worldwide. These campaigns are built on discourses that aim to ‘problematize’ the issues of ‘legality’ of content downloading practices, ‘protection’ for content creators and the alleged damage caused to creators’ livelihood by piracy. Under these tensions, fandom both subverts such discourses, through sharing and production practices, and legitimizes industry’s mythology of an ‘original’ author. However, how is the notion of authorship constructed in the cooperative spaces of fandom? The article explores the most popular fandom sites of A Song of Ice and Fire, the book series that inspires the TV-show Game of Thrones and argues that the notion of authorship is not one-dimensional, but rather consists of attributes that develop across three processes: community building, the creative and the industrial/production process. Here, fandom constructs a figure of the ‘author’ which, although more complex than the one presented by the industry in its copyright/anti-piracy campaigns, maintains the status quo of regulatory frameworks based on the idea of a ‘primary’ creator

Toward International Animal Rights

The chapter starts from the observation that while animal welfare is increasingly protected in domestic jurisdictions, animal rights are still hardly recognised, although they would serve animals better. It argues that animal rights would need to be universalised in order to deploy effects in a globalised setting. The international legal order is flexible and receptive to non-human personhood which goes with rights. Also, the historical experience with international human rights encourages the animal rights project, because it shows how similar conceptual and normative difficulties have been overcome. Animal rights would complement human rights not the least because the entrenchment of the species hierarchy as manifest in the denial of animal rights in the extreme case condones disrespect for the rights of humans themselves

Activism and Legitimation in Israel's Jurisprudence of Occupation

Colonial law need not exclude the colonized in order to subordinate them, and ‘activist’ courts can advance the effect of subordination no less than ‘passive’ courts. As a case study, this article examines the jurisprudential legacy of the Israeli Supreme Court in the context of the prolonged Israeli occupation of Palestine. Applying insights from legal realist, law and society, and critical legal studies scholarship, the article questions the utility of using the activist and passive labels. It illustrates how the Israeli activist court, through multiple legal and discursive moves, has advanced and legitimated the colonization of Palestine; that the court is aware of its role; and that arguments that focus on the court’s informal role do not mitigate this legitimating effect. Unlike other scholars, the article shows that the Israeli court’s role—by extending the power of judicial review to the military’s actions in the occupied areas—is neither novel nor unique or benevolent, as the British colonization of India and the US colonization of Puerto Rico show

"Being in a Knowledge Space": information behaviour of cult media fan communities

This article describes the first two parts of a three-stage study investigating the information behaviour of fans and fan communities, focusing on fans of cult media. A literature analysis shows that information practices are an inherent and major part of fan activities, and that fans are practitioners of new forms of information consumption and production, showing sophisticated activities of information organisation and dissemination. A subsequent Delphi study, taking the novel form of a 'serious leisure' Delphi, in which the participants are not experts in the usual sense, identifies three aspects of fan information behaviour of particular interest beyond the fan context: information gatekeeping; classifying and tagging; and entrepreneurship and economic activity