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Google+It is a law-school maxim today that the United States is a common-law country, while most of Europe uses civil law: English-derived common law has as its most basic tenet the binding nature of judicial precedent, while Roman-derived civil law privileges statutes. But the more I investigate the history and details of each, the more clear it becomes to me that the United States, at least, owes (almost?) as much of its legal system to civil law as it does to “pure” common law.
international
Civil law’s influence on American common law: the appeal
In “Salamanders and Sons of God,” an article in The Many Legalities of Early America, Mary Sarah Bilder writes about the “Culture of Appeal in Early New England,” and situates the embrace of the right to appeal by New Englanders within the larger English and Roman legal tradition.
Further reflections on the nature of scientific evidence
For two weeks this July, I participated in a conference/summer session in Vienna (VISU) on the nature of scientific evidence. The program brought together students and lecturers from a number of disciplines.
Legal reasoning by analogy
My VISU presentation on reasoning in analogy in Warren and Brandeis’ famous 1890 law review article on privacy.
Initial reflections on the nature of scientific evidence
For the last week I’ve been a part of the Vienna Institute Summer University (VISU) at the University of Vienna, at a two-week conference on “The Nature of Scientific Evidence.” The program brings together graduate students from a variety of disciplines from around the world to discuss science-related topics.
Considering comparative approaches in legal histories
I have proposed comparative/transnational approaches between legal and societal understandings of privacy in the face of new technologies. Micol Siegel’s work suggests that I should, at the very least, consider my approach more critically.
Going beyond national legal histories
“Lived history,” writes Bender, “is embedded in a plenitude of narratives. … [O]ver time, different themes or concepts, different narratives, will be deemed significant and emphasized” (page 1). The “plenitude of narratives” is formed by the stories historians tell about the past, by people at the time speaking and living their own experiences, by groups (ethnicities, races, classes, nations, cities) sharing common understandings, and is thus never simple nor unitary.
The marketplace of ideas
Intellectual property, despite the name, doesn’t quite work like regular property. A look at intellectual property markets highlight problems with a pure free-market approach that aren’t necessarily visible with other markets.
Was medieval Islamic culture inhospitable to science?
Myth #4 in Galileo Goes to Jail and Other Myths about Science and Religion is Syed Nomanul Haq’s article entitled “That Medieval Islamic Culture was Inhospitable to Science.”
Modern Islam and science: an article by Seyyed Hossein Nasr
In “Islam and Science,” an article written for the Oxford Handbook of Religion and Science, Nasr attempts to give a broad overview of the relationship of Islam to modern science and technology. He makes some key points regarding to criticism of Western science from an Islamic point a view.
Google attorney dislikes ACTA too
The still-in-draft Anti-Counterfeiting Trade Agreement, beloved of some, is hated by many–including Google, apparently.
Google executives on trial for criminal liability in Italy
I’m generally in favor of holding companies liable for their actions — after all, if we treat corporations as “persons” under the law, then they should have responsibilities as well as protections and benefits. But I’m not sure about holding executives criminally liable — perhaps in the case of knowing pollution or conspiracy to cover up product dangers — but not, I think, for actions they are not directly responsible for, as in this case from Italy.
The new Anti-Counterfeiting Trade Agreement is… problematic
The internet chapter of the Anti-Counterfeiting Trade Agreement, a secret copyright treaty whose text Obama’s administration refused to disclose due to “national security” concerns, has leaked. It’s bad
Lawyers should leave their laptops at home when traveling abroad
There has always been an exception to search and seizure law at border crossings. In theory, this is nothing new — attorneys traveling with confidential paper files could also have them searched. But the ease of carrying vast numbers of confidential documents in electronic form raises the bar on this.
New law journal launches that focuses on open source
There’s a new law journal in town: “The International Free and Open Source Software Law Review (IFOSS L. Rev.) is a collaborative legal publication aiming to increase knowledge and understanding among lawyers about Free and Open Source Software issues. Topics covered include copyright, licence implementation, licence interpretation, software patents, open standards, case law and statutory changes.”
Patent simulation study concludes current patent system hampers innovation
A recently published law review article concludes that experiments with “PatentSim,” “a multi-user interactive simulation of patent and non-patent (commons and open source) systems,” do not support the general justification of our current patent system.
