In Kermit Hall’s words, the nineteenth century saw the “triumph of contract” over property, tort, and equity, as the law came “to ratify those forms of inequality that the market system produces.” (196-97) The early twentieth century continued this–at least until the Great Depression and Franklin Roosevelt’s New Deal forced the court to reconsider.
business
Reforming government regulations: Stephen Breyer’s technocratic solutions
In Breaking the Vicious Circle, Justice Stephen Breyer tackles the problem of regulation and risk in the American context: “Justice Breyer identifies several systemic problems that plague the regulatory process in the United States. He discusses how public (mis)perceptions, congressional (over)reaction, and technical (un)certainty create a “vicious circle” that increasingly undermines the legitimacy of the regulatory process.”
Will legal software replace lawyers?
Software won’t replace lawyers, but it will reduce the demand for certain routine legal services and raise the complexity of litigation. Those without the software will be at a disadvantage. It will also cut into the work of paralegals. But not lawyers.
The tech transfer process: buffering science from commercialism
Technology transfer offices at universities are key players in the process of putting technology to work. They facilitate the sometimes difficult translation of academic discoveries into private, saleable technology. The offices also serve as a buffer between the demands of private enterprise and the Mertonian ideals of the academic “ivory tower,” and the technology transfer process reflects this.
“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.
The intersection of universities and industry: tech transfer
According to Dr. Domonic Montisano of the UCSD’s technology transfer office, their goal is to get university research out to the public through the avenue of commercialization.
Law of privacy vs. confidentiality in the nineteenth century
According to Richards and Solove the “right to privacy” as we now understand it actually grew out of an earlier recognition of the right to confidentiality in certain situations. Warren and Brandeis then took this original principle of confidentiality and shifted it to focus on a newly developed right to privacy.
The new world of self-publishing: it’s not just for vanity anymore!
It’s finally possible–although still hardly likely–to skip the traditional publishers altogether, publishing yourself (via Amazon, for example), and get discovered by fans directly.
The FCC re-classifies in response to Comcast
Last month, Comcast won its appeal in a federal appeals court in D.C. against the FCC’s attempt to require network neutrality. As predicted by some, the FCC is proceeding with plans to reclassify broadband providers, and thus escape the ruling entirely.
Yelp sued, argues lawsuit is without merit
Terms of use for application programming interfaces (TOS for APIs)
Terms of use are critical. Most allow for the revocation of access if the API provider decides to do so. If that happens to you, you may have little recourse. Make sure you understand the terms before you build a business on top of someone else’s API.
Dear Starbucks and AT&T: fix your WiFi!
Technology on the road has a reputation for being finicky. Some of this difficulty is unavoidable. But other technology challenges are easily remedied through decent design and forethought.
Escaping the Kindle lock-box is now easier for authors and publishers
Purchasing books on the Kindle has always struck me as a bit of a Faustian bargain: once you enter the Kindle ecosystem and purchase some books, those books are forever locked to Amazon’s e-reader. Now Amazon has made it easier for small-scale publishers and authors to opt-out.
Extending mandatory open access beyond the NIH
The NIH requires free, public access to research they fund. Now the Office of Science and Technology Policy is considering extending the policy to other federal agencies that fund academic research.
DECE seeks complex DRM that approximates the simple first-sale doctrine that consumers expect
Consumer electronics manufacturers and Hollywood studios have a problem: when customers purchase a movie online, they expect to be able to watch it anywhere — but, thanks to DRM, they can’t easily do it (unless they bought a physical DVD and rip it, or otherwise remove the DRM, which is what Hollywood is desperate to prevent). The DECE wants to change that.
Finding the diamonds in the rough in the "blogosphere"
I’ve been giving a lot of thought over the weekend to the problem of finding good content buried amidst all the noise on the Internet, especially when it comes to blog articles from lesser-known sources. (This is true for readers looking for quality content, but it’s also true for authors seeking readers.)