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Episode 5.1: Criminalizing Survival: Homelessness and the Law

This episode is the first of a two part series examining the complexity of addressing homelessness. In Los Angeles in particular, as the voters were passing measures for significantly increasing the amount of money available to address homelessness and help people find housing, the city continued to enforce ordinances that violated the civil rights of people who did not have a home. In this...

Brief Thoughts on Fair Use and Third-Party Harm: Another Reappraisal of Patrick Cariou v. Richard Prince

The critical literature on copyright law’s fair use rule is enormous, with much of the recent spilling of ink bemoaning the overuse of transformativeness as a decisive factor in the case law. Many courts now consider whether a secondary user has added value to a work by including new insights or new aesthetics to be critical in resolving fair use disputes, even if the amount taken from the...