Wednesday, March 10, 2021 - noon to 1 p.m.
UNH Franklin Pierce School of Law
Lunch & Learn - Ruth Bader Ginsburg's Copyright Jurisprudence
Wednesday, March 10, 2021
12:00 pm EST
Wednesday, March 10, 2021
12:00 pm EST
When Justice Ruth Bader
Ginsburg died on September 18, 2020, the world lost a trailblazer for gender
equality, a pop culture icon, a feisty liberal luminary who fought on behalf of
the disenfranchised in the areas of civil rights and social justice, and an
inspiration to millions of people. She will long be remembered for the social
changes she helped effectuate as an advocate, scholar, and jurist.
Her amazing civil rights legacy overshadows other areas where Justice Ginsburg’s contributions have been substantial. In this talk, Professors Vacca and Bartow discuss one of the most interesting: copyright law. During her time as a jurist on the Supreme Court and D.C. Circuit, she authored sixteen opinions in copyright cases and joined her colleagues’ opinions in eleven others. But unlike her gender equality and social justice opinions, in which she predictably sided with rock-slinging Davids, Justice Ginsburg tended to favor Goliath content owners in copyright cases. In this talk, Professors Vacca and Bartow offer possible explanations for why this was so, by holistically evaluating Justice Ginsburg’s copyright writings. They identify several themes running through her copyright opinions: incrementalism, intergovernmental deference, a preference for alternative mechanisms for relief, and stoicism, and juxtapose her copyright jurisprudence with her approaches to gender equality and reproductive rights.
Her amazing civil rights legacy overshadows other areas where Justice Ginsburg’s contributions have been substantial. In this talk, Professors Vacca and Bartow discuss one of the most interesting: copyright law. During her time as a jurist on the Supreme Court and D.C. Circuit, she authored sixteen opinions in copyright cases and joined her colleagues’ opinions in eleven others. But unlike her gender equality and social justice opinions, in which she predictably sided with rock-slinging Davids, Justice Ginsburg tended to favor Goliath content owners in copyright cases. In this talk, Professors Vacca and Bartow offer possible explanations for why this was so, by holistically evaluating Justice Ginsburg’s copyright writings. They identify several themes running through her copyright opinions: incrementalism, intergovernmental deference, a preference for alternative mechanisms for relief, and stoicism, and juxtapose her copyright jurisprudence with her approaches to gender equality and reproductive rights.
Ann Bartow joined the UNH Franklin Pierce School of Law in 2015. She previously held tenured faculty appointments at Pace Law School and the University of South Carolina School of Law. During the 2011-2012 academic year, Professor Bartow was a Fulbright Scholar at Tongji University in Shanghai, China. She teaches Copyright Law, Trademark Law, Survey of Intellectual Property Law, Art Law and Torts. She is a graduate of Cornell University and the University of Pennsylvania Law School. Her scholarship focuses on the intersection between intellectual property laws and public policy concerns, privacy and technology law, and feminist legal theory, and she has published numerous articles and book chapters on these subjects.
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Professor Vacca joined the University of New Hampshire School of Law in 2017. Prior to this, he was the David L. Brennan Professor of Law at the University of Akron School of Law (2010-2017), where he also served as Director of the Center for Intellectual Property Law and Technology (2015-2017) and Interim Co-Dean (2016-2017). Professor Vacca teaches, or has taught, Fundamentals of Intellectual Property, Patent Law, Copyrights, Trademarks, Trade Secrets, Current Issues in IP, Contracts, Property, and Professional Responsibility. Professor Vacca has also been a visiting professor at the University of Oregon School of Law, the University of Denver College of Law, Swinburne University Law School (Melbourne, Australia), and Wuhan University of Technology (Wuhan, China). He received his B.A. from Amherst College, his J.D. from the University of Missouri School of Law (Order of the Coif), and his LL.M. in Intellectual Property from New York University School of Law.
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