LAW & HUMANITIES ABSTRACTS

"It's Easily Done: The China-Intellectual Property Rights Enforcement Dispute and the Freedom of Expression" Free Download
Hebrew University International Law Research Paper No. 22-09

TOMER BROUDE, Hebrew University of Jerusalem - International Law Forum
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This paper examines the implications of the WTO China-IPR Enforcement Case for the relationship between human rights law and trade-related intellectual property law. It shows that despite the theory whereby international trade law can spontaneously support the freedom of expression and possibly other human rights, the parties and the Panel were in practice oblivious to the human rights context of the dispute. In the WTO, human rights considerations will be integrated with international trade law (and IP law within it) only if a party makes explicit arguments to this effect, and a Panel opts to consider such arguments on their merits, not through issue avoidance.

"Learning and Unlearning in the Legal Academy" Free Download

MAKSYMILIAN T. DEL MAR, Faculty of Social and Political Sciences, University of Lausanne
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This paper argues that education, at its best, is based on a combination of learning and unlearning. Learning involves the development of sensory intelligence, a dynamic form of knowledge that is anticipatory and orientating. This sensory intelligence is always stylised, i.e., it consists in relations formed, over a certain period of time, by the senses with specific features of the environment. Unlearning, on the other hand, is the process of challenging this stylised sensory intelligence. These styles of seeing (and experiencing) are challenged by encouraging and facilitating different kinds of relations with these specific (or other) features of the environment. The paper is structured into three parts. The first part illustrates the principal themes of the paper by working through a number of examples of seeing (and experiencing). The second part elaborates and organises these themes into the above two concepts of learning and unlearning. The third part then applies the model of education (i.e., the combination of learning and unlearning) to the legal academy by focusing on two commonly engaged in activities: first, reading legal texts; and second, providing (hypothetical) legal advice.

"Down the Rabbit Hole: The Madness of State Film Incentives as a 'Solution' to Runaway Production" Free Download

ADRIAN H. MCDONALD, South Texas College of Law
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This working paper is a "sequel" to my first law review article on runaway productions called "Through the Looking Glass": Runaway Productions and "Hollywood Economics," published in The University of Pennsylvania Journal of Labor and Employment Law in August 2007.

Since 2007, there has been a race to the bottom as virtually every state has enacted significant, if not detrimentally generous, tax incentives to lure film and television production. The efficacy of these incentives is evaluated at length, with particular attention paid to the origin and implementation of tax incentives in California, Massachusetts and Louisiana - states with colorful backgrounds on this issue. The paper suggests that the current "solution" to the runaway production problem (competing state incentives) is counter-productive to the point of becoming the problem and calls for the enactment of a single national tax incentive for the entire nation to better compete with foreign production locales like Canada.

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Stanford Law School, National Bureau of Economic Research (NBER)
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University of Texas at Austin - School of Law, McCombs School of Business, University of Texas at Austin, European Corporate Governance Institute (ECGI), Northwestern University - School of Law, Northwestern University - Kellogg School of Management
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Advisory Board

Law & Humanities

K. ANTHONY APPIAH
Princeton University - Department of Philosophy

PETER BROOKS
Yale University - Department of English Language and Literature

JUDITH BUTLER
University of California, Berkeley

KIMBERLE CRENSHAW
Columbia Law School

HENRY LOUIS GATES
Harvard University - Department of African-American Studies

THOMAS C. GREY
Nelson Bowman Sweitzer & Marie B. Sweitzer Professor of Law, Stanford Law School

DONNA HARAWAY
University of California, Santa Cruz - History of Consciousness

DUNCAN KENNEDY
Harvard Law School

MARGARET JANE RADIN
Henry King Ransom Professor of Law, University of Michigan Law School, Wm. Benjamin Scott & Luna M. Scott Professor, Emerita, Stanford University Law School

REVA SIEGEL
Nicholas deB. Katzenbach Professor of Law, Yale Law School

KENDALL THOMAS
Columbia Law School

IRIS YOUNG
University of Chicago - Department of Political Science