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contracts
Post-war contract law in the nineteenth century
In many respects, the so-called “black codes” put in place in the South immediately after the Civil War exemplify the potential extremes of nineteenth-century contract law.
Contract law in the antebellum 19th century
The common law before the nineteenth century required contracts to be fair and reasonable: a “sound price warrants a sound commodity.” But by mid-century, William Wetmore Story’s famous treatise on contracts recognized that this basic understanding had radically altered. Contracts now required only “mutual assent of the parties” and “valuable consideration.”
Protecting vested interests in the face of new technology: the case of the Charles River Bridge
New developments and new approaches had permitted a new corporation to build a new bridge at a lower cost–and to make it free within a few years of its opening, while still turning a profit for its investors. But in doing so, the profit-making potential of the old bridge was destroyed (although investors had already made back their initial investment multiple times over).
But hadn’t the old company taken a risk initially? Didn’t its investors deserve to reap their new profits because they had taken the risk initially? Wouldn’t setting a precedent that their state-granted monopoly could be limited later actually inhibit future investment?
A dispute over the rights to e-book editions
That publishers and authors (or their estates) should be arguing over rights to production electronic editions is no surprise. This sort of dispute is a standard part of contract law, and comes up anytime a new market not anticipated in a contract opens up. Can traditional publishers fend off this move through litigation and forceful contract negotiations? Or will we see increasing alternatives to traditional publishers in the e-book realm?
What does it mean to be in the public domain? Thoughts about the AP licensing scheme.
The AP has begin trying to license content through a payment scheme. Some of the content — as recently demonstrated by James Grimmelmann “purchasing” a Thomas Jefferson quote — is in the public domain. Does the AP have the right to sell/license this public-domain content? What does it mean to be in the public domain?
Researchers typically forbidden from sharing own work
Ed Kohler points us to a long, but fascinating blog post, by Stuart Shieber, a CS professor at Harvard, discussing the somewhat ridiculous copyright situation that many academics deal with in trying to promote their own works. I’ve heard similar … Continued
