There is no protection from copying designs in the fashion industry, so how can police crackdown on knock-offs?
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.
Aug 092010
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.
Jul 222010
The California Bar Exam begins next Tuesday. After a month+ of studying, I feel sort of ready. Unlike some recent law grads, I had a life pulling at me during my bar study time, so I simply wasn’t able to sign up to a service like Barbri that required hours of in-class lectures (often in front of a video screen, too, which certainly wasn’t appealing). So instead I turned to alternative approaches. The two I settled on were MicroMash (initially) and BarMax (finally).
Jul 062010
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?
Jun 252010
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.
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.
So illustrious a source as the Fred von Lohmann at the Electronic Frontier Foundation recommends the new book by Adrian Johns.
May 092010
The still-in-draft Anti-Counterfeiting Trade Agreement, beloved of some, is hated by many–including Google, apparently.
A consortium of research institutions is lobbying to extend the NIH open-access policy to other federally funded research.
May 032010
There is a philosophical thesis (attributed jointly to Pierre Duhem and Willard Quine) that, when simplified, explains how a given set of facts can produce more than one apparently true conclusion: essentially, different background assumptions lead to different conclusions. A related concept is known as underdetermination: that a given set of evidence can be explained by more than one–potentially conflicting–theory.
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