Freedom to contract at the end of the nineteenth century

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.

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.

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.