Publication Date

1-1994

Journal

University of Pennsylvania Law Review

Abstract

The article critiques the current state of choice of law theory, arguing that existing methodologies, such as interest analysis and territorial approaches, fail to provide a coherent framework for judicial decision-making. It contends that these theories are overly rigid and do not account for the practical, fact-driven nature of how judges make choices. The author proposes a new test based on expressive similarity to address the complexities of modern copyright disputes, aiming to distinguish between protected expression and unprotected ideas. This approach seeks to balance the protection of creative works with the need to prevent overprotection, which could streamline litigation and enhance legal predictability in the evolving digital landscape.

Volume

142

Issue

3

First Page

949

Last Page

1032

Publisher

Penn Carey Law

Disciplines

Conflict of Laws | Evidence | Jurisdiction | Law

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