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Talkin ‘bout law’s generations: pop culture, intellectual property and the interpretation of case

Journal Article


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Abstract


  • This article takes a very different path through which to explore the

    challenges affecting and shaping innovation and communications law.

    It reports on a facet of an empirical pilot study into generational differences

    in legal interpretation that revealed the porosity and friability of

    doctrine. The article focuses on one facet of the study apposite to this

    special issue: a fleeting reference by Finkelstein J to icons of pop culture

    in an otherwise unremarkable passing off I misleading and deceptive

    conduct case - Hansen v Bickfords - involving the marketing of an

    energy drink. As the responses of lawyer and law student participants

    to these references show, the courts and legal interpreters draw on a

    reserve of tacit knowledge through which their reading and the interpretation

    of the law is filtered. The explicit reference in a judgment

    to such tacit knowledge (in the form of the pop cultural) allows us to

    glimpse the ways in which technocratic law is read through a range

    of filters that are presumed to form no part of the process of legal

    interpretation, revealing just how generationally inflected legal interpretation

    is, showing how much haphazard, everyday misconceptions

    and trivialities can actively shape the understanding and deployment

    of law by its practitioners.

Publication Date


  • 2013

Citation


  • Leiboff, M. (2013). Talkin ‘bout law’s generations: pop culture, intellectual property and the interpretation of case. Law in Context, 29 (1), 95-116.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1971&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/966

Number Of Pages


  • 21

Start Page


  • 95

End Page


  • 116

Volume


  • 29

Issue


  • 1

Place Of Publication


  • Australia

Abstract


  • This article takes a very different path through which to explore the

    challenges affecting and shaping innovation and communications law.

    It reports on a facet of an empirical pilot study into generational differences

    in legal interpretation that revealed the porosity and friability of

    doctrine. The article focuses on one facet of the study apposite to this

    special issue: a fleeting reference by Finkelstein J to icons of pop culture

    in an otherwise unremarkable passing off I misleading and deceptive

    conduct case - Hansen v Bickfords - involving the marketing of an

    energy drink. As the responses of lawyer and law student participants

    to these references show, the courts and legal interpreters draw on a

    reserve of tacit knowledge through which their reading and the interpretation

    of the law is filtered. The explicit reference in a judgment

    to such tacit knowledge (in the form of the pop cultural) allows us to

    glimpse the ways in which technocratic law is read through a range

    of filters that are presumed to form no part of the process of legal

    interpretation, revealing just how generationally inflected legal interpretation

    is, showing how much haphazard, everyday misconceptions

    and trivialities can actively shape the understanding and deployment

    of law by its practitioners.

Publication Date


  • 2013

Citation


  • Leiboff, M. (2013). Talkin ‘bout law’s generations: pop culture, intellectual property and the interpretation of case. Law in Context, 29 (1), 95-116.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1971&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/966

Number Of Pages


  • 21

Start Page


  • 95

End Page


  • 116

Volume


  • 29

Issue


  • 1

Place Of Publication


  • Australia