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V What was the issue on appeal in Roberson? What rule did the appellate court enforce? What were the determinative facts? 3.3 The Anatomy of



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What was the issue on appeal in Roberson? What rule did the appellate court enforce? What were the determinative facts? 3.3 The Anatomy of a Statute The Roberson decision was so unpopular that the following year the New York legislature enacted a statute providing exactly the relief that the Roberson court held was unavailable under the common law. The Roberson majority understood that that might happen. Recall the majority's words: "The legisla- tive body could very well interfere and arbitrarily provide that no one should be permitted for his own selfish purpose to use the picture or the name of another for advertising purposes without his consent." The statute has been amended several times. Here is its current form:

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