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Full-Text Articles in Entertainment, Arts, and Sports Law

Social Software, Groups And Governance , Michael J. Madison Aug 2005

Social Software, Groups And Governance , Michael J. Madison

University of Pittsburgh School of Law Working Paper Series

Formal groups play an important role in the law. Informal groups largely lie outside it. Should the law be more attentive to informal groups? I argue that this and related questions are appearing more frequently in legal scholarship as a number of computer technologies, which I collect under the heading “social software,” increase the salience of groups. In turn, that salience raises important questions about both the significance and the benefits of informal groups. In this Essay, I argue that there may be important social benefits associated with informal groups, and that the law should move towards a framework for ...


Law As Design: Objects, Concepts And Digital Things, Michael J. Madison Apr 2005

Law As Design: Objects, Concepts And Digital Things, Michael J. Madison

University of Pittsburgh School of Law Working Paper Series

This Article initiates an account of “things” in the law, including both conceptual things and material things. Human relationships matter to the design of law. Yet things matter too. To an increasing extent, and particularly via the advent of digital technology, those relationships are not only considered ex post by the law but are designed into things, ex ante, by their producers. This development has a number of important dimensions. Some are familiar, such as the reification of conceptual things as material things, so that computer software is treated as a good. Others are new, such as the characterization of ...


Transcending The Debate On Legal Narrative, George H. Taylor Apr 2005

Transcending The Debate On Legal Narrative, George H. Taylor

University of Pittsburgh School of Law Working Paper Series

Use of the narrative form in law and legal analysis remains controversial. Advocates such as Derrick Bell, Richard Delgado, and Kathryn Abrams have argued that narrative in law can elicit particular perspectives and experiences that are reduced or bleached away when incorporated into the formalisms of pure doctrinal studies. By contrast, critics such as Daniel Farber and Suzanna Sherry maintain that narratives can distort if they are not sufficiently based on empirical fact or reason. Narratives, they claim, must be evaluated on the basis of objective standards.

The Article transcends this divide. In particular, it argues that the valuable functions ...