This article is part of a Symposium that examines the legal and policy issues raised by the Schwarzenegger bobblehead doll litigation, in which a Hollywood star-turned-governor sued under California's right of publicity laws and under federal copyright law to stop a small Ohio company from selling a bobblehead doll depicting Schwarzenegger in a business suit, with a bandolier of bullets, and brandishing an assault rifle. The article contends that defendants' unauthorized use of the Schwarzenegger image on dolls and their accompanying (...) packaging was permissible as First Amendment-protected free speech under California's right of publicity laws and also constituted fair use under federal copyright law. The article rejects the argument that a First Amendment defense to plaintiff's right of publicity claims was unavailable because a bobblehead doll is not a "traditional" medium of expression for ideas. The article recognizes that overly expansive assertions of rights of publicity and other intellectual property rights threaten to stifle creative expression and diminish the cultural commons. The article also calls for clearer and more consistent recognition of defenses to right of publicity claims, particularly for cases where a defendant's unauthorized appropriation of another's image or likeness is for purposes of caricature, parody, or satire¿especially where the image is that of a politician. It concludes that the settlement of the Schwarzenegger bobblehead doll case illustrates how "strategic" assertions of even objectively non-meritorious rights of publicity can allow powerful plaintiffs to censor unflattering depictions of them and to unduly expand intellectual property rights without full adjudication on the merits of such claims.This insight is critical, because while other scholars have suggested that the "over-protection" of intellectual property rights (including rights of publicity) has a deleterious effect on freedom of expression and the public domain, these criticisms focus almost exclusively on published appellate cases. Yet, as this article reminds us, most cases settle and never become litigated cases, much less published appellate decisions. And most disputes - including intellectual property disputes - never result in formal litigation in the first instance. As with most other areas of the civil disputing process, intellectual property disputes are processed in the "shadow of the law", where repeat players have strategic advantages to shape the outcomes of disputes in their favor. Thus, if we want to know whether intellectual property rights are over-protected, we need to know what happens (and why) in the shadow of intellectual property law. This insight is the basis for the author's empirical research-in-progress focusing on "strategic intellectual property enforcement" by owners of trademarks, copyrights, and patents, including enforcement that never results in litigation and is thus under the radar of what most legal scholars in this area of law examine. (shrink)

Since our visual perception of physical things essentially involves our identifying objects by their colours, any theory of visual perception must contain some account of the colours of things. The central problem with colour has to do with relating our normal, everyday colour perceptions to what science, i.e. physics, teaches us about physical objects and their qualities. Although we perceive colours as categorical surface properties of things, colour perceptions are explained by introducing physical properties like reflectance profiles or dispositions to (...) cause certain experiences in normal human perceivers. Hence, it seems as if colours as they are experienced by us have no place in the physical world, because they are fundamentally different from the properties which we ascribe to physical objects in scientific accounts of colour perceptions. This special issue on perspectives on colour perception presents new suggestions to solve to this major problem. (shrink)

Michael Polanyi was one of the great figures of European intellectual life in the 20th century. A highly acclaimed physical chemist in the first period of his career who became a celebrated philosopher after World War II, Polanyi taught in Germany, England, and the United States and associated with many of the leading intellects of his time. His biography has remained unwritten partly because his many and scattered interests in a wide variety of fields, including six subfields of physical chemistry, (...) epistemology, economics, patent law, social and political theory, aesthetics, and theology. This long-awaited volume will be the definitive resource on Polanyi and his work. (shrink)

Steve Fuller has replied to my critique of his endorsement of a post-truth epistemology. I trace the divergence in our approach to social epistemology by examining our distinct responses to the principle of symmetry in the sociology of scientific knowledge. Fuller has extended the concept of symmetry and challenged the field to embrace a post-truth condition that flattens the difference between experts and the public. By contrast, I have criticized the concept of symmetry for policing the field to rule ideology (...) critique out of court. I argue that a focus on post-truth populism obscures the role of counter-elites and ideologies that restrict political choice. A better way to promote democracy would be to support minority positions within science that promise to open up suppressed political possibilities and to seek the coordinated use of different disciplines to address significant public problems. (shrink)

Abstract:This study tests the usefulness of a person-situation interactionist framework in examining the willingness of a salesperson to lie to get an order. Using a survey of 389 salespersons, our results demonstrate that organizational relationships influence willingness to lie. Specifically, salespersons are less willing to lie to their own company than to their customer, than to a channel partner, and finally, than to a competitor firm. Furthermore, respondents from firms with a clear and positive ethical climate are less willing to (...) lie. Finally, our study finds that interactions between personality factors, such as high Machiavellianism and high self-monitoring, and situational factors have an impact on willingness to lie. Our results suggest that firms can take steps to influence employee ethical behavior. (shrink)

The science of ecology has sensitized us to the intricate causal chains in nature and to the threat to the life system posed by environmental misuse. Responding to the data provided by environmental science, some philosophers have called for fundamentally new ethical principles—a recognition of nonhuman values and an extension of rights not only to animals but to inanimate parts of nature. These attempts to develop an ecological ethic call for radical conceptual revision of the way in which most persons (...) perceive man and the world. This paper explicates those revisions and points to some philosophical difficulties which confront them. (shrink)

This Article is a socio-legal analysis of the California State Bar lawyer discipline system. The article draws on legal professions theory, legal ethics, legal history, and cultural analysis, and it is based on archival data, interviews with State Bar actors, and empirical data on the Bar's disciplinary system. The article examines the historical and cultural context of a perceived crisis in California State Bar lawyer discipline in the 1980s and 1990s and concludes that, while the crisis stemmed from demonstrable organizational (...) ineffectiveness in the lawyer discipline system of the State Bar, it also needs to be understood as part of a larger--and recurring--crisis of professionalism in the legal profession.The article also examines the Bar's response to the discipline crisis and argues that, contrary to the bar's harshest critics (and critical professions theory), the reforms initiated by the Bar and imposed by the state legislature improved the lawyer disciplinary system in California. Nevertheless, the article concludes that organizational and structural factors identified in this study limit the effectiveness of any system of lawyer self-regulation. (shrink)

This edited book brings together articles by leading international scholars from diverse disciplinary perspectives who focus on the legal, social, and cultural dimensions of intellectual properties - including patents, copyrights, trademarks, trade secrets, and rights of publicity. These articles employ a creatively eclectic approach to the study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. The volume also directs critical attention to (...) the significance of intellectual property in contemporary processes of globalization and political economy.The editor's introductory essay, What is a 'Law and Society' Perspective on Intellectual Property?, identifies and analyzes the major approaches to interdisciplinary law and society scholarship on intellectual property and identifies each author's contribution to this emerging perspective on what is an increasingly important area of law worldwide. (shrink)