Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bentham (1)
- Blackstone (1)
- Common pool resources (1)
- Common pools (1)
- Commons (1)
-
- Courts (1)
- Governance (1)
- Information (1)
- Intellectual property (1)
- Judges (1)
- Judicial behavior (1)
- Knowledge (1)
- Knowledge commons (1)
- Law and humanities (1)
- Law and literature (1)
- Legal decisionmaking (1)
- Legal history (1)
- Legal reasoning (1)
- Medical research (1)
- Patent pools (1)
- Performance (1)
- Public goods (1)
- Ritual (1)
- Tragedy of the commons (1)
- User innovation (1)
Articles 1 - 2 of 2
Full-Text Articles in Law and Society
Governing Medical Knowledge Commons - Introduction And Chapter 1, Katherine J. Strandburg, Brett M. Frischmann, Michael J. Madison
Governing Medical Knowledge Commons - Introduction And Chapter 1, Katherine J. Strandburg, Brett M. Frischmann, Michael J. Madison
Book Chapters
Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. The editors' knowledge commons framework adapts Elinor Ostrom's groundbreaking research on natural resource commons to the distinctive attributes of knowledge and information, providing a systematic means for accumulating evidence about how knowledge commons succeed. The editors' previous volume, Governing Knowledge Commons, demonstrated the framework's power through case studies in a diverse range of areas. Governing Medical Knowledge …
Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen
Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen
Book Chapters
Jeremy Bentham famously insisted on the separation of law as it is and law as it should be, and criticized his contemporary William Blackstone for mixing up the two. According to Bentham, Blackstone costumes judicial invention as discovery, obscuring the way judges make new law while pretending to uncover preexisting legal meaning. Bentham’s critique of judicial phoniness persists to this day in claims that judges are “politicians in robes” who pick the outcome they desire and rationalize it with doctrinal sophistry. Such skeptical attacks are usually met with attempts to defend doctrinal interpretation as a partial or occasional limit on …