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Google+Edward L. White, a Oklahoma City, Okla., lawyer, and Kenneth Elan, claim WestLaw and LexisNexis have engaged in “unabashed wholesale copying of thousands of copyright-protected works created by, and owned by, the attorneys and law firms who authored them”–namely publicly filed briefs, motions and other legal documents.
research
First remarks on G. Edward White’s The American Judicial Tradition
I’m reading G. Edward White’s The American Judicial Tradition: Profiles of Leading American Judges as part of my general background reading on American legal history. Lawrence Friedman may argue that “[t]here really isn’t a canon for legal history,” but I think White’s book at least comes close.
Access to federal court records gets less free
I had always hoped that PACER–which I hear runs a surplus anyway–would trend downward in price as the cost of delivering electronic access decreases. Instead comes the news that the price will rise by 25%, from 8 to 10 cents per page.
“Open transfer” agreements: mediating industry and universities
Madey v. Duke exposed one conflict when industry and universities work in overlapping areas. The 2002 federal court decision highlighted a problem at the intersection of university and industry goals.
How I use a blog in my research and writing
As someone who does not blog to earn money (I like to pay my hosting fees, but that’s only because I’m a poor grad student), I thought I’d run through how and why I blog, and why I find it a critical part of my “real” work of academic research and writing.
Stepping stone to Internet privacy: the telegraph
There have been four pivotal technologies that have forced modern American law and society to re-examine its notions of privacy and confidentiality.
Thinking about theories of historiography
Recently, I’ve been struck by the sense that what seems to drive history as a profession is not specifically the investigation of new archives, new materials, new places, or new times, but rather simply the larger desire to always pursue what is new qua new.
Dorinda Outram on the Enlightenment
In her book The Enlightenment, Dorinda Outram gives a broad introduction to the history and historiography of the Enlightenment.
Technology and the archive
One of the primary interests of mine is the connection between technology and law. The development of archives is one place where this connection plays out in practice. This I am deeply interested in the question presented by Schwartz and Cook present as to what the impact of new technologies–like “postal services, the telegraph, the telephone, radio, photography”–was on “on the production, preservation, and use of records and archives since the mid-nineteenth century.”
The archive and the state
Archives, the collection of files and materials (electronic or physical) stored and maintained for future reference, have an intimate connection with state power–after all, those who are in power fund and create them, leading archives to reflect the ideas, beliefs and sometimes contradictions of those who control them.
Measuring the impact of technology on the law
It’s difficult to come up with more quantitative measurements to look at how technology has impacted law. One could look at the development of new technologies (via patent applications, perhaps?) and then look to see how soon afterwards the invention began to show up in legal cases. Another interesting idea would be to see if changes in technology–the development of new citation systems, more rapid dissemination of decisions and publications, and later the creation of electronic repositories such as Lexis and Westlaw–had any impact on the way lawyers and judges developed law.
Why not an open-access Law.gov to access public legal materials?
Carl Malamud’s vision of a new Law.gov “would give public easier access to all kinds of documents” — and not force us to rely on LexisNexis and Westlaw for access to what is, after all, public material.
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.
Should mandatory open access be extended to all federally funded research?
A consortium of research institutions is lobbying to extend the NIH open-access policy to other federally funded research.
My first look at historical shifts in anti-vaccination rhetoric
There is a long history of opposition to vaccination, opposition that dates back to its earliest uses in Europe and North America to fight smallpox. Opponents have made claims ranging from accusations that vaccination interferes with “God’s will” to claims that it actually contributed to the spread of smallpox instead of preventing it.
Does the funding of anti-climate change groups by Koch Industries invalidate their position?
A Greenpeace investigation has identified a little-known, privately owned US oil company as the paymaster of global warming sceptics in the US and Europe.
