Aharon Barak: A Judicial Approach Shaped by the Worst and Best in People

Aharon Barak is known internationally for his role in strengthening individual rights and the civil courts in Israel. The accomplishments and prestige of the retired chief judge of the Israeli Supreme Court are what made him a good choice for presenting this year’s Hallows Lecture at Marquette Law School.

But beyond the Hallows lecture on judicial philosophy Monday and beyond what Barak said to several classes and at meetings with faculty members and beyond his remarks Sunday night at a dinner attended by leaders of Milwaukee’s Jewish community, there lies a personal side to what it motivates Barak as a judge. It came out in spontaneous remarks  at a private dinner Monday night after the Hallows lecture. 

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The Most Important Supreme Court Case in Copyright Law: Sony Corp. v. Universal City Studios (1984)

[Editors’ note: This is the fifth in our series, What Is the Most Important U.S. Supreme Court Case in Your Area of the Law? The first four installments are here, here, here, and here.]

There have been several important copyright cases before the Supreme Court since the first, Wheaton v. Peters, in 1834 (over, appropriately enough, the copyright in the Supreme Court’s reports). But the most important to me personally is Sony v. Universal, also known as “the Betamax case.” The Sony case, as is widely known, held that recording a program at home in order to watch it later—”time-shifting”—is a fair use. It also devised a very influential test for determining the liability of manufacturers and service providers for infringement committed by users, one that asked only whether the product or service was “capable of substantial noninfringing uses.” Undeniably Sony is an important case, but then so are Bleistein v. Donaldson Lithographing, Baker v. Selden, CCNV v. Reid, Burrow-Giles v. Sarony, Campbell v. Acuff-Rose and countless others. What pushes Sony over the top is the fact that the Sony case marks the boundary between two copyright worlds: a world where copyright is solely a regulation of a particular industry sector—publishing—and a world where it regulates everyone.

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