Author Archives: F. E. Guerra-Pujol

In our previous post we reframed copyright disputes in general–and the problem of literary fan art specifically–in economic or Coasean terms: under what conditions do copyright owners get to have veto rights over fan art, and by the same reciprocal … Continue reading →

In my previous post we saw how utterly unhelpful the fair use standard is–how trying to predict ahead of time whether a particular derivative work or piece of fan art constitutes “fair use” or not is almost like the inscrutable … Continue reading →

We are exploring the law and economics of “literary fan art,” i.e. creative works of art that reimagine someone’s else literary work product, such as the various visualizations of the characters and story in Ernest Hemingway’s “Old Man and the … Continue reading →

In our previous post we featured a beautiful canvas clutch bag by Olivia Le-Tan (pictured below, right) patterned after a previous edition of Ernest Hemingway’s popular novella “The Old Man and the Sea.” Olivia Le-Tan made a limited number of these … Continue reading →

Check out the beautiful Olympia Le-Tan clutch bag pictured below. (Shout out to Sydjia Guerra for bringing this lovely canvas bag to my attention.) This “book clutch” reimagines the cover art for Ernest Hemingway’s timeless novella “Old Man and The … Continue reading →

We are now ready to discuss James Madison’s most ingenious and counter-intuitive solution to the problem of factions. With the possible exception of Adam Smith’s invisible hand theory, Madison’s solution has to be one of the most original ideas in … Continue reading →

Before we present James Madison’s novel and surprising solution to the mischief of factions, I want to digress from Federalist #10 to respond to a possible objection to my harsh treatment of Finnis’s common good theory of law. In short, … Continue reading →

Can we cure ourselves of our factious spirit? Alas, as James Madison teaches us in the fifth and sixth paragraphs of Federalist #10, any attempt to address the root causes of factions is going to end in disaster. Either we … Continue reading →

We have thus far diagnosed the main causes and dangers of factions, but before proceeding to possible cures, I want us to carefully examine the eighth paragraph of Federalist #10, the one that famously begins “No man is allowed to … Continue reading →