Law Commons^™

Bankruptcy Treatment Of Intellectual Property Assets: An Economic Analysis, Peter S. Menell

Peter Menell

No abstract provided.

Late Night Thoughts On Blogging While Reading Duncan Kennedy's Legal Education And The Reproduction Of Hierarchy In An Arkansas Motel Room, Franklin G. Snyder

Franklin G. Snyder

It has been more than twenty years since Duncan Kennedy published his seminal 'Legal Education and the Reproduction of Hierarchy'. In it he called for a radical assault on the hierarchies embedded in American law schools. But that assault failed. Over the past two decades, the hierarchies of legal education have, if anything, become even more fixed, insular, and status-driven, even while the elites of the practicing bar have changed dramatically and become more open to outsiders. It is vastly easier for the graduate of a fourth-tier law school to become a partner at an elite law firm than it …

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts , Cynthia R. Farina, Mary Newhart, Josiah Heidt

Cynthia R. Farina

This Article considers how open government “magical thinking” around technology has infused efforts to increase public participation in rulemaking. We propose a framework for assessing the value of technology-enabled rulemaking participation and offer specific principles of participation-system design, which are based on conceptual work and practical experience in the Regulation Room project at Cornell University. An underlying assumption of open government enthusiasts is that more public participation will lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. However, experience thus far with …

The Relationship Between Foundations And Principles In Ip Law, Robert P. Merges

Robert P Merges

The article presents information on basic principles concerning foundations of the field of intellectual property (IP) law. It provides information on the basic principles of IP law which include efficiency, proportionality and dignity. It stresses on the granting of IP rights to make a workable foundation. It rejects utilitarianism for lack of precise data and presents an analysis of the three levels of IP law with the help of new technologies.

Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone

Michele R. Pistone

1. For many years, the question of how to use technology to teach the law has been a minor concern of the legal academy. That era of general indifference to developments in learning technologies is now coming to an end. There are many reasons for the change. Law schools are facing such a host of difficulties— declining enrollments, declining job prospects for graduates, reduced public funding, and understandable concerns about cost and debt—that sometimes it seems the only debate is over whether the situation is best described as a “tsunami” or “a perfect storm.” Against this backdrop, technology offers the …

Participatory Fact-Finding: Developing New Directions For Human Rights Investigations Through New Technologies, Molly Land

Molly K. Land

This chapter considers the way in which broader participation in human rights fact-finding, enabled by the introduction of new technologies, will change the nature of fact-finding itself. Using the example of a participatory mapping project called Map Kibera, the chapter argues that new technologies will change human rights fact-finding by providing opportunities for ordinary individuals to investigate the human rights issues that affect them. Those who were formerly the ‘subjects’ of human rights investigations now have the potential to be agents in their own right. This ‘participatory fact-finding’ may not be as effective in ‘naming and shaming’ states and companies …

Becoming A Competent 21st Century Legal Ethics Professor: Everything You Always Wanted To Know About Technology (But Were Afraid To Ask), Catherine Lanctot

Catherine J. Lanctot

This Article provides a roadmap for rebooting the legal ethics curriculum. It describes how to revise a traditional legal ethics class to respond to twenty-first century law practice, and provides a detailed overview of the landscape of technological issues currently affecting the practice of law, including many cautionary tales of lawyers who ignored their ethical responsibilities.

We have finally hit the tipping point with respect to the use of technology within the legal profession, as bar regulators have begun to warn attorneys that they may no longer plead ignorance of technological advances if such ignorance harms the interests of their …

The Crispr Revolution: What Editing Human Dna Reveals About The Patent System’S Dna, Robin C. Feldman

Robin C Feldman

Begone, Euclid! Landlord Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener

Michael N. Widener

Technology capacity and innovations conflate notions of private and public spaces; the latter today incorporate the Internet “lane,” while private spaces seek access to that pathway. Merchants and their landlords seemingly find themselves in a paradox. They must embrace consumer technology expectations to populate mercantile premises as public spaces. At the same time, merchants must make stores and restaurants places of novelty to grip the attention of customers seeking to share the intimacy of their experience with everyone. Technology presents physical retailing with its greatest threat while potentially becoming its strongest ally if properly channeled. Advocates for urban centers’ sustained …

Thinking About Technology - Cybersecurity: Breaches And Heartbleed To Byod—Are Bankers, Entertainment Company Executives, Celebrities, Postal Workers, Ice Cream Lovers, Home Builders, And Cios The Only Ones Who Should Be Concerned?, Darla W. Jackson

Darla W. Jackson

In 2013 and 2014, we have continually heard about data security breaches and cybersecurity has become a major concern for the legal community. Reports of information leakage and security breach concerns at legal information vendors, firms, universities, and even courts continued to increase. Ms. Jackson addresses the increasing cybersecurity concerns and suggests some considerations for law librarian, legal information professionals, and the organizations they serve in determining the measures to address security threats.

Digital Peepholes | Remote Activation Of Webcams: Technology, Law And Policy, Lori Andrews

Lori B. Andrews