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Copyright’s Paradox: a book by Neil Netanel
Neail Netanel writes on The Volokh Conspiracy: The paradox referenced in my book’s title is that copyright serves both as an “engine of free expression” and silencer of free expression. Copyright law provides a vital economic incentive for the creation and distribution of much of the literature, commentary, music, art, and film that makes up […]
May 2008 / 1 min.
National Security Letters and the Internet Archive
Deven Desai writes in Concurring Opinions: Wired reports that the FBI subpoenaed the Internet Archive and demanded that Brewster Kahle (the Archive’s founder) provide records about one of the library’s registered users, asking for the user’s name, address and activity on the site. The FBI used a National Security Letter (example) to make the request. As Wired explains […]
May 2008 / 2 min.
Judge Posner Skewers Textualism-Originalism (Thomas, Scalia), And Reveals the Increasing Politicization of Judging by Conservatives
Judge Posner Skewers Textualism-Originalism (Thomas, Scalia), And Reveals the Increasing Politicization of Judging by Conservatives from Brian Tamanaha at Balkinization, quoting from Judge Posner’s new book, How Judges Think: This politically conservative response (“originalism” or “textualism-originalism”) – which under different conditions could be a liberal response but is more congenial to conservatives because of its […]
May 2008 / 2 min.
F.B.I. Raids Office of Special Counsel - New York Times
F.B.I. Raids Office of Special Counsel - New York Times: The office of the official responsible for protecting federal workers from political interference was raided by F.B.I. agents on Tuesday as part of an investigation into whether he himself mixed politics with official business. The raid took place at the office of Scott J. Bloch, […]
May 2008 / 2 min.
When Law Prevents Righting a Wrong
From an an article in the New York Times: A lawyer’s broad duty to keep clients’ confidences is the bedrock on which the justice system is built, [many legal experts] argue. If clients did not feel free to speak candidly, their lawyers could not represent them effectively. And making exceptions risks eroding the trust between […]
May 2008 / 2 min.
Web-based Classroom Tools
From MakeUseOf.com by David Johannes: Online collaboration between schools, teachers, and students has become increasingly apparent as our everyday routines become more and more connected via the internet. Of course, there are paid solutions that satisfy this need through Learning Management Systems, such as Blackboard Academic Suite, which frankly isn’t very good at all in […]
May 2008 / 1 min.
Open Source, Open Access, and Open Transfer: Market Approaches to Research Bottlenecks
The Northwestern Journal of Technology and Intellectual Property has accepted a paper I co-authored with Professor Robin Feldman of UC Hastings School of Law. The name of the piece is Open Source, Open Access, and Open Transfer: Market Approaches to Research Bottlenecks. It should appear in full published form before the end of 2008. […]
April 2008 / 1 min.
The Candidates on Disability
Concurring Opinions - The Candidates on Disability: Having criticized the mainstream media for failing to discuss substantive policy issues in the presidential election, I should commend coverage that actually explores what the candidates will do. Michael Berube’s analysis of the disability policies of Obama/Clinton/McCain appears here (and here).
April 2008 / 1 min.
More Free and Open Source Law Resources
Concurring Opinions - More Free and Open Source Law Resources: Law.com has a good summary of the way projects seeking to make opinions, statutes, and other legal materials free. The history of these efforts goes back to the early 90s, but the recent changes may the ones to threaten the big shots. According to the […]
March 2008 / 1 min.
Canada judge rules emergency wiretap law unconstitutional
JURIST - Paper Chase: Canada judge rules emergency wiretap law unconstitutional: British Columbia Supreme Court Justice Barry Davies has ruled that Section 184.4 of the Canadian Criminal Code, which allows law enforcement officers to electronically intercept private communications in ‘exceptional circumstances’ without court authorization, is unconstitutional because it violates ‘the fundamental freedom to be free […]
March 2008 / 1 min.