Showing results 1 - 3 of 3
| Henry Smith
April 2021, Paper: "Within the realm of remedies, intellectual property remedies have presented particular difficulties, and in intellectual property law, controversy has focused on remedies. Concerns about holdup in intellectual property have even begun to lead to innovations in the law of remedies itself. Many of the difficulties and controversies raging now center around remedies that are “equitable.” In this Essay I argue that recovering a…
| Henry Smith
2020, Book: "Identifies key questions and issues underlying the law of Equity, including the legal, philosophical and moral senses of equity, the nature of rights, and the relationship between law and morality Offers a major contribution to an ongoing debate about the study of the law of Equity which informs large areas of private law. Contributions by a leading team of established Equity and Private Law scholars that offer a variety of topics…
| Henry Smith
Does Equity Pass the Laugh Test? A Response to Oliar and Springman. Henry Smith, 2009, Paper, "Dotan Oliar and Christopher Sprigman explore an example of a norm system-the one among stand-up comedians against joke theft-and show why it is likely superior to use of copyright to protect rights in jokes. In the course of their study they document both how formal copyright law is unsuited to protecting comedic material and what type of norm system,…