Category Archives: Legal theory

Harold Gotthelf, Professor of Satire wrote this entry on parody and satire in fair use, in response to my recent Slate  piece on Fair Use. Satire is a purposeful art; it attempts to unmask folly that is posing as wisdom, … Continue reading →

Huxley had alot of it figured out.  His essay the Final Revolution (1959), is interesting, somewhat a prequel to Larry Lessig’s Code — a Code 0.1 you might say. (though I guess you might also say that of Brave New … Continue reading →

I have never been the biggest fan of Jurgen Habermas- he is hard to understand, and his interest in never-ending public sphere dialogue remind me of an endless faculty meeting. But I must admit that lately I’ve been turned on … Continue reading →

I’m in the midst of a long debate with Derek Slater (of Google) about structural separation.  He may post about it more on the Google policy blog at some point.   The key question is, when can an industry cut … Continue reading →

I reread today Felix Cohen’s 1935 classic and became convinced that Columbia ought rededicate itself to the cause of functionalism in the legal system.  I was also reminded of the reason law reviews articles today are rarely read: it’s because … Continue reading →