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Full-Text Articles in Law
Speaking Of Science: Introducing Notice And Comment Into The Legislative Process, Gregory Dolin
Speaking Of Science: Introducing Notice And Comment Into The Legislative Process, Gregory Dolin
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Congress enacts, on a nearly continuous basis, a variety of laws that affect scientific research and progress. Some of these laws have an unquestionably positive effect. For instance, Congress's creation of the National Institutes of Health, the National Academy of Sciences, and NASA; its various appropriations to fund ground-breaking research; and a multitude of other laws have incalculably advanced human knowledge, and it is to Congress's great credit that these laws have been and are continuing to be enacted. However, not all laws that affect the progress of sciences are an unalloyed good. Quite the opposite, often the laws aim …
Copyright’S Private Ordering And The 'Next Great Copyright Act', Jennifer E. Rothman
Copyright’S Private Ordering And The 'Next Great Copyright Act', Jennifer E. Rothman
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Private ordering plays a significant role in the application of intellectual property laws, especially in the context of copyright law. In this Article, I highlight some of the dominant modes of private ordering and consider what formal copyright law should do, if anything, to engage with private ordering in the copyright space. I conclude that there is not one single approach that copyright law should take with regard to private ordering, but instead several different approaches. In some instances, the best option is for the law to get out of the way and simply continue to provide room for various …