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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.
August 2010 / 3 min.
Juries and scientific expertise
In the American system (and, perhaps to a lesser extent, in all countries following the Anglo-American legal approach), science and scientific evidence emerges and is interpreted through the actions of the parties involved. Expert witnesses testify for a particular side, and are employed by a particular side.
August 2010 / 3 min.
Implications of the AP licensing scheme
So, the AP has in the past made a big deal about holding on to the rights to every tiny little bit of what they right (essentially denying that fair use even exists). Who better than those snarky peeps at Woot to call them on the implications of such a scheme?
July 2010 / 1 min.
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.
June 2010 / 2 min.
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.
June 2010 / 2 min.
Looking forward to reading the new Adrian Johns book
So illustrious a source as the Fred von Lohmann at the Electronic Frontier Foundation recommends the new book by Adrian Johns.
June 2010 / 1 min.
Copyright and the public domain
Randy Picker has a fascinating post on the Faculty Blog of the University of Chicago’s law school of the copyright status of scans (by Google, for example) of public domain works. Does the effort of digitizing the work qualify as enough original effort to create a new copyright?
May 2010 / 3 min.
Google attorney dislikes ACTA too
The still-in-draft Anti-Counterfeiting Trade Agreement, beloved of some, is hated by many-including Google, apparently.
May 2010 / 1 min.
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.
May 2010 / 1 min.
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.
May 2010 / 1 min.