Category: Neil Wehneman

Copyright Law #3: Introduction to Copyright III

Copyright in the United States is affected by both the Federal Constitution, and international law such as the Berne Convention. Additionally, international law is often used to justify increases in rights for the sake of “harmonization.” We conclude this last introductory episode by briefly comparing and contrasting several areas of the law that are often lumped together as “intellectual property.”

Note: Due to temporary technical issues, this episode lacks an intro and outro (they will be provided shortly).

Copyright Law #2: Introduction to Copyright II

Copyright applies to a wide variety of works, even types of expression that are newly created (and not explicitly referenced in the copyright act). However, some items of “intellectual creation” are outside of copyright, such as ideas or works of the federal government. We conclude this episode by exploring how to analyze a given situation, to determine whether copyright prevents a new use.

Note: Due to temporary technical issues, this episode lacks an intro and outro (they will be provided shortly).

Copyright Law #1: Introduction to Copyright I

In this, the first episode of Copyright Law, we begin a high-level overview of what copyright is. Almost everyone is a copyright holder, with specific exclusive rights over their original works of authorship that are fixed in a tangible medium. We close this episode with a look at three views of the justification for copyright.

Note: Due to temporary technical issues, this episode lacks an intro and outro (they will be provided shortly).

Constitutional Law II #31: Public Displays and Free Exercise

In this, our final episode for Constitutional Law II, we will examine public religious displays (such as nativity scenes and the Ten Commandments), as well as briefly consider the Free Exercise of religion.

Lynch v. Donnelly (SCOTUS, 1984)
Allegheny County v. Greater Pittsburgh ACLU (SCOTUS, 1989)
Stone v. Graham (SCOTUS, 1980)
McReary County v. ACLU of Kentucky (SCOTUS, 2005)
Van Orden v. Perry (SCOTUS, 2005)
Smith v. Employment Division (SCOTUS, 1990)

Constitutional Law II #30: More Tests and School Prayer

In this episode we will examine the coercion test, the history / tradition test, the “stupid legislator” test, as well as briefly examining school prayer and the pledge of allegiance.

Marsh v. Chambers (SCOTUS, 1983)
Lee v. Weisman (SCOTUS, 1992)
Santa Fe Independent School District v. Doe (SCOTUS, 2000)
Wallace v. Jaffree (SCOTUS, 1985)
Elk Grove Unified School District v. Newdow (SCOTUS, 2004)

Constitutional Law II #29: Establishment and School Funding

Can the state provide funding to a private, religious school? The answer, as in many situations is, “it depends.” In this episode we’ll look at some of the various ways that private-school funding has been deemed an establishment, and other ways in which it was not.

Committee for Public Education v. Nyquist (SCOTUS, 1973)
Mueller v. Allen (SCOTUS, 1983)
Grand Rapids School District v. Ball (SCOTUS, 1985)
Auguilar v. Felton (SCOTUS, 1985)
Agostini v. Felton (SCOTUS, 1997)
Zelman v. Simmons-Harris (SCOTUS, 2002)

Constitutional Law II #28: Introduction to Establishment

We now turn to our final topic in Constitutional Law II, the Religion Clauses. The clauses protect the free exercise of religion, as well as ensuring against the establishment of a religion (aka “separation of church and state”). We will talk a bit about the historical context of the Religion Clauses, as well as two foundational cases.

Thomas Jefferson’s letter to the Danbury Baptists
Everson v. Board of Education (SCOTUS, 1947)
Lemon v. Kurtzman (SCOTUS, 1971)

Constitutional Law II #27: Defamation

Defamation is another type of “speech” that is often said as being outside the 1st Amendment. In this episode we briefly look at the substantive aspects of defamation, as well as the constitutional requirements of proof before a defamation cause of action can proceed against a public figure.

NY Times Co. v. Sullivan (SCOTUS, 1964)
Gertz v. Robert Welch, Inc. (SCOTUS, 1974)