• Copyright and the Holocaust

      Pessach, Guy; Shur-Ofry, Michal
      This article explores the interface between copyright law and the Holocaust. The Holocaust's duration and scope, its occurrence in the midst of the twentieth century with photography and film technologies already available, and its setting at the heart of Europe, yielded countless documents, diaries, notes, memoirs, musical works, photographs, films, letters, and additional artifacts. On the victims' part, many of those items-including secret archives comprised at various ghettos, music composed in concentration camps, and personal diaries-manifest an explicit act of real-time historical documentation for future generations. On the perpetrators' side, some materials were produced as a result of organized documentation and others-such as Joseph Goebbels' diaries or Hitler's Mein Kampf--comprise records of prominent figures in the Nazi regime. Numerous Holocaust-related materials are still subject to copyright protection. Yet, the impact of copyright law on the memory of the Holocaust remains largely unexplored.
    • How to Realize the Value of Stare Decisis: Options for following Precedent

      Varsava, Nina
      When courts deliberate on the implications of a precedent case in the adjudication of a new dispute, they generally frame the issue as if there are three paths through---{1) follow the precedent, (2) overrule, or (3) distinguish-without acknowledging that option number one contains its own garden of forking paths. My chief aim in this paper is to delineate and evaluate several options for following precedent. I show that we can respect the doctrine of precedent or stare decisis without committing to any one particular method. I argue further that we have good reason to refrain from endorsing any single method for following precedent, and I propose instead a variable approach-one that is sensitive to the contextual factors that make one method preferable to another.