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Ioan-Radu Motoarcă [5]Ioan Motoarca [2]
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  1. Patients, Corporate Attorneys, and Moral Obligations.Ioan-Radu Motoarca - 2022 - St. Mary’s Journal on Legal Malpractice and Ethics 12 (2):284-328.
    There are two main questions that any account of corporate lawyers’ moral obligations needs to answer: (1) Do corporate lawyers have moral obligations to third parties? and (2) In cases of conflict between obligations to the corporation and obligations to third parties, which should prevail? This Article offers answers to these questions in the context of lawyers working in medical corporations. I argue that lawyers do have moral obligations to third parties, and that in cases where patients’ rights are being (...)
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  2.  65
    Fictional Surrogates.Ioan-Radu Motoarca - 2014 - Philosophia 42 (4):1033-1053.
    It is usually taken for granted, in discussions about fiction, that real things or events can occur as referents of fictional names . In this paper, I take issue with this view, and provide several arguments to the effect that it is better to take the names in fiction to refer to fictional surrogates of real objects. Doing so allows us to solve a series of problems that arise on the reference-continuity view. I also show that the arguments philosophers usually (...)
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  3.  33
    Are Fictional Characters and Literary Works Ontologically on a Par?Ioan-Radu Motoarcă - 2018 - Pacific Philosophical Quarterly 99 (4):596-611.
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  4.  28
    Kinds of Fair Play and Regulation Enforcement: Toward a Better Sports Ethic.Ioan-Radu Motoarca - 2015 - Journal of the Philosophy of Sport 42 (1):121-136.
    It is customary for institutions that organize sporting competitions and events to exercise a considerable degree of authority over the participants. That authority is often manifested in the enforcement of penalties for infringements of fair play. This paper focuses on one concrete case from soccer, although I take the discussion to extend to other sports as well. I argue that not all fair play rules should be enforced by the respective organizing institutions, and that enforcing all of them indiscriminately is (...)
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  5. FAREWELL TO NICHOLS: PROPERTY ASCRIPTION AND FICTIONAL CHARACTER COPYRIGHT.Ioan-Radu Motoarca - 2022 - Queen Mary Journal of Intellectual Property 12 (1):26-46.
    In this article, I set out a theoretical framework for analyzing fictional copyright protection of fictional characters in literature. Using this framework, I argue that the two most prominent approaches that U.S. courts have adopted with respect to fictional character copyright (the Nichols test and the Sam Spade “Story Being Told” test) are unsustainable. The idea of distinct delineation that came out of Nichols may be understood in two ways: on one view, fictional characters are distinctly delineated if they deviate (...)
     
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  6.  1
    A Market-Based Approach to Internet Intermediary Strict Products Liability.Ioan Motoarca - 2020 - International Review of Law, Computers and Techonology.
    This essay proposes a way of dealing with the strict liability of Internet sellers of other manufacturers’ products, such as Amazon under its ‘Fulfillment by Amazon’ program. I discuss and reject two approaches to the problem that have been proposed by the courts, and advance a view according to which the relevant inquiry is whether Internet intermediaries such as Amazon could have prevented a defective product from reaching the US market. This view accounts in a satisfactory manner for the notion (...)
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