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through the market.9 Copyright thus provides creators with a property right in their creative expression, and given the centrality of strong property
speech,6 with later exceptions also allowing schools to punish or censor speech categorized as “lewd,”7 prodrug,8 or school- sponsored.9 But courts
U.S. argued Feb. 27, 2013) (statement of Scalia, J.). 9. See, e.g., Tennessee v. Lane, 541 U.S. 509, 564 (2004) (Scalia, J., dissenting) (“I would
“Federal financial assis- tance”). 9. 42 U.S.C. § 2000d (2018) (prohibiting discrimination on the basis of race, color, or national origin in any program
their own governance.9 And it ensures that public institutions serve as sites for the contestations, nego- tiations, and provisional outcomes that
Program FAQs, USPTO, http://www.uspto.gov /patents/init events/track1 FAQS.jsp (last updated Aug. 9, 2013, 12:43 PM). For a good discussion of the factors
conduct.” Hart, supra note 9, at 249. For further discussion of purposes and positivism, see Scott Hershovitz, The Model of Plans and the Prospects for
appointed to serve only during good behavior who then misbehaved obviously had violated the conditions of her tenure.9 Second, the means of determining
9 At the same time, at least some of those harms are and should be taken into account when courts set the standard of care. This creates some odd