Article by David F. Partlett
In this Article, however, I suggest that the courts have stressed artists' ex-post plight to the detriment of the ex-ante dilemma. Courts have been reluctant to grant injunctions restraining artists from defecting to rivals. Consequently, cooperative behavior will tend to be undermined. Since I see the interference tort as playing a reinforcing role, it is meet for the courts to recognize the dynamics of private ordering and allow the interference tort and other remedies to assume a stronger place in regulating the relationship between artist and record company.
About the Author
David F. Partlett. Professor of Law, Vanderbilt University School of Law.
Citation
66 Tul. L. Rev. 771 (1992)