Re: Adjusting Grades (Was: Exams)

On Tue, 5 Jan 1999, Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
>
> Terry's error, of course, being the assumption that anything in law
> school exams could ever be "objective." :)

Well, I think taking off points on the ground that the fact that the work is unpublished purportedly bars a finding of fair use, even if the finding is based on consideration of all the fair use factors, when in fact the statute says "the fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors" comes close.

-- 
Terry Carroll       | "Report of the Committee On Governmental Affairs,
Santa Clara, CA     | United States Senate, To Accompany S. 1364, An Act To
carroll[_at_]tjc.com     | Eliminate Unnecessary and Wasteful Federal Reports."
Modell delendus est |  - Title of U.S. Senate Report 105-187, May 11, 1998