Law Commons^™

Confronting The Crisis In Scientific Publishing: Latency, Licensing And Access, Jorge L. Contreras

Joint PIJIP/TLS Research Paper Series

The serials crisis in scientific publishing can be traced to the long duration of copyright protection and the assignment of copyright by researchers to publishers. Over-protection of scientific literature has enabled commercial publishers to increase subscription rates to a point at which access to scientific information has been curtailed with negative social welfare consequences. The uniformity costs imposed by such over-protection can be addressed by tailoring intellectual property rights, either through legal change or private ordering.

Current open access channels of distribution offer alternative approaches to scientific publishing, but neither the Green OA self-archiving nor the Gold OA author-pays models …

Mark Twain’S Autobiography: In The Public Domain Before The Public’Shands?, Mark Tratos

Intellectual Property Brief

No abstract provided.

The Government Is Wrong: The Case For Human Gene Patents And Thegenomics Revolution, Jonathan Stroud

Intellectual Property Brief

No abstract provided.

Chanel Avoids Genericide By Taking Its Trademark Seriously, Ashley Kobi

Intellectual Property Brief

No abstract provided.

The Absence Of Common Sense From The Copyright Act’S Treatment Ofsoftware And The First Sale Doctrine, James Lafave

Intellectual Property Brief

No abstract provided.

U.S. Senators Continue War On Internet With “Online Infringement” Bill, Ashlee Hodge

Intellectual Property Brief

No abstract provided.

Reverse Engineering: Exploitation For Benefit Of All, Daniel Lee

Intellectual Property Brief

No abstract provided.

Avenues To Reduce Total Patent Pendency In Order To Boost The United States Economy, Alexandria Yasmin Bromell

Intellectual Property Brief

No abstract provided.

Reinforcing The Tower Of Babel: The Impact Of Copyright Law On Fansubbing, Latoya D. Rembert-Lang

Intellectual Property Brief

No abstract provided.

Special 301 And Access To Medicine In The Obama Administration, Sean M. Flynn

Intellectual Property Brief

No abstract provided.

Can Governments Ensure Adherence To The Polluter Pays Principle In The Long-Term Ccs Liability Context?, Paul Bailey, Elizabeth Mccullough, Sonya Suter

Sustainable Development Law & Policy

No abstract provided.

Coupling Environmental Justice With Carbon Trading, Joseph Lam

Sustainable Development Law & Policy

No abstract provided.

An Alternative Approach For Addressing Co2-Driven Ocean Acidification, Verónica González

Sustainable Development Law & Policy

No abstract provided.

Offsetting Programs: Struggling To Find An Equitable Solution Internationally, Silvia Fejka

Sustainable Development Law & Policy

No abstract provided.

Preventing Coral Grief: A Comparison Of Australian And French Coral Reef Protection Strategies In A Changing Climate, Anne Caillaud, Florence Damiens, Bernard Salvat, Clive Wilkinson

Sustainable Development Law & Policy

No abstract provided.

Recognition Of Property Rights In Carbon Credits Under California’S New Greenhouse Gas Cap-And-Trade Program, John Monterubio

Sustainable Development Law & Policy

No abstract provided.

The Abcs Of Governing The Himalayas Inresponse To Glacial Melt: Atmospheric Brownclouds, Black Carbon, And Regional Cooperation, Erwin Rose

Sustainable Development Law & Policy

No abstract provided.

The East African Community And Theclimate Change Agenda: An Inventory Of Theprogress, Hurdles, And Prospects, James Forole Jarso

Sustainable Development Law & Policy

No abstract provided.

The Montreal Protocol: Fit For Hydroflurocarbons, Veronica Kennedy

Sustainable Development Law & Policy

No abstract provided.

An Un-Conventional Approach: Ecuador’S Yasuní-Itt Initiative Is In Discord With The Unfccc, Ryan Haddad

Sustainable Development Law & Policy

No abstract provided.

Unconstructive Ambiguity In The Durban Climate Deal Of Cop 17 / Cmp 7, Remi Moncel

Sustainable Development Law & Policy

No abstract provided.

What Litigation Of A Climate Nuisance Suit Might Look Like, Michael B . Gerrard

Sustainable Development Law & Policy

No abstract provided.

Editors' Note, Braunson Virjee, Chelsea Tu

Sustainable Development Law & Policy

No abstract provided.

Introductory Remarks, Charles E. Di Leva

Sustainable Development Law & Policy

No abstract provided.

Competitive Harm From Mfns: Economic Theories, Jonathan Baker

Presentations

No abstract provided.

Workshop On Research And Resource Commons In Scientific Research: Final Report, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

In November of 2011, the Washington College of Law at American University convened and hosted a two-day workshop in collaboration with the Creative Commons to develop a strategy for promoting a commons or scientific research and related resources. The workshop brought together interested stakeholders from across the scientific research enterprise: scientists, administrators, librarians, publishers, societies, technologists, lawyers, policy makers, students, funders, and Open Science advocates, including both U.S. and international representatives. This diverse group discussed the current state of policy and technology as it relates to a scientific research commons, and identified key opportunities and challenges, as well as next …

Evaluating Merger Enforcement During The Obama Administration, Jonathan Baker, Carl Shapiro

Articles in Law Reviews & Other Academic Journals

We recently concluded that government merger enforcement statistics "provide clear evidence that the Obama Administration reinvigorated merger enforcement, as it set out to do." Three weeks later, in an article published inthe Stanford Law Review Online, Professor Daniel A. Crane reached the opposite conclusion, claiming that "[t]he merger statistics do not evidence 'reinvigoration' of merger enforcement under Obama."

The U.S. Au Pair Program: Labor Exploitation And The Myth Of Cultural Exchange, Janie Chuang

Articles in Law Reviews & Other Academic Journals

The Article exposes how the legal categorization of au pairs as “cultural exchange participants” is strategically used to sustain – and disguise – a government-created domestic worker program to provide flexible, in-home childcare for upper-middle-class families at below-market prices. The “cultural exchange” subterfuge has created an underclass of migrant domestic workers conceptually and structurally removed from the application of labor standards and the scrutiny of labor institutions. On the one hand, the “cultural exchange” rubric enables the U.S. government to house the program under the Department of State rather than Labor, and to delegate oversight of this government program to …

The Unpredictability Of Patent Litigation Damage Awards: Causes And Comparative Notes, Axel Schmitt-Nilson

Intellectual Property Brief

No abstract provided.

The Graduated Response: Digital Guillotine Or A Reasonable Plan For Combating Online Piracy?, Danielle Serbin

Intellectual Property Brief

No abstract provided.