Law Commons^™

Rule Of Reason Analysis Of Horizontal Arrangements: Agreements Designed To Advance Innovation And Commercialize Technology, Thomas Jorde, David Teece

Thomas Jorde

Articulates the procompetitive and efficiency reasons in the cooperation of competitors in the U.S. Outline of the application of the rule of reason analysis to horizontal arrangements; Agreements to advance innovation and commercialize technology; Importance of innovation to social welfare.

Innovation, Cooperation And Antitrust, Thomas Jorde, David Teece

Thomas Jorde

Contends that antitrust is a factor in impeding innovation and subsequent profitable commercialization in the US. Partial contents: Industrial organization and innovation: comparisons between Japan, Europe and the U.S.; Impact of antitrust law on alliances to facilitate innovation.

A Method For Reforming The Patent System, Peter Menell

Peter Menell

The principal recent studies of patent reform (NAS (2004), FTC (2003), Jaffe and Lerner (2004)) contend that a uniform system of patent protection must (or should) be available for "anything under the sun made by man" based upon one or more of the following premises: (1) the Patent Act requires this breadth and uniformity of treatment; (2) "discriminating" against any particular field of "technology" would be undesirable; (3) discrimination among technologies would present insurmountable boundary problems and could easily be circumvented through clever patent drafting; and (4) interest group politics stand in the way of excluding any subject matter classes …

Ieee Istas13- People As Sensors: The Social Implications Of Living In A Smart World, Alexander Hayes, Katina Michael, Nick Rheinberger

Alexander Hayes Mr.

What is the technological trajectory of people wearing sensors? What are the benefits, risks and costs? What is the vibe going to be like at ISTAS13 with people like Marvin Minsky and Ray Kurzweil attending? What do you hope to gain from the meeting? Can we foresee a time that all glasses will be embedded with sensors? What are the implications? E.g. in the higher education sector? What about the gathering of evidence by law enforcement? What is point of eye?

Cyberlaw: Problems Of Policy And Jurisprudence In The Information Age. 4th Edition., Patricia Bellia, Paul Schiff Berman, Brett Frischmann, David Post

Patricia L. Bellia

This law school casebook starts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which to re-examine general problems of policy, jurisprudence, and culture. The book goes beyond simply plugging Internet-related cases into a series of doctrinal categories, instead emphasizing conceptual issues that extend across the spectrum of cyberspace legal dilemmas. While the book addresses all of the “traditional” subject matter areas of cyberlaw, it asks readers to consider both how traditional legal doctrines can be applied to cyberspace conduct, and how the special problems encountered in the course …

A Technological Trifecta: Using Videos, Playlists, And Facebook In Law School Classes To Reach Today’S Students, Dionne Anthon, Anna Hemingway, Amanda Smith

Anna P. Hemingway

The Fight For The Future: How People Defeated Hollywood And Saved The Internet—For Now, Edward Lee

Edward Lee

No abstract provided.

Technology: A Motivation Behind Recent Model Rule Revisions, Louise L. Hill

Louise L Hill

No abstract provided.

Keeping It Real: Using Facebook Posts To Teach Professionalism And Professional Responsibility, Anna P. Hemingway

Anna P. Hemingway

Learning Law While Walking The Dog: The Pedagogical Potential Of Podcasting, Kenneth Kristl

Kenneth T Kristl

The typical law school classroom for a doctrinal course utilizes a learning structure that limits opportunities for students to learn directly from the professor. Time constraints inherent in the need for coverage and the desire to keep the class engaged encourages movement through the material. Cognitivist learning theory views learning as involving the movement of information from sensory memory (perception) into short-term, working memory for analysis and organization, and then into long-term memory for storage. This process of information movement suggests that the typical law school classroom creates impediments to student learning. Distracted students who fail to capture the concept …

Technology & Torts: A Theory Of Memory Costs, Nondurable Precautions And Interference Effects, Ben Depoorter

Ben Depoorter

This Article examines the influence of nondurable precaution technologies on the expansion of tort awards. We provide four contributions to the literature. First, we present a general, formal model on durable and non-durable precaution technology that focuses on memory costs. Second, because liability exposure creates interference, we argue that tort law perpetuates the expansion of awards. Third, because plaintiffs do not consider the social costs of interference effects, private litigation induces socially excessive suits. Fourth, while new harm-reducing technologies likely increase accident rates, such technologies also raise the ratio of trial costs to harm, leaving undetermined the overall effect of …

Tort Law And Probabilistic Litigation: How To Apply Multipliers To Address The Problem Of Negative Value Suits, Ben Depoorter

Ben Depoorter

This Article advances a proposal that brings to life valuable lawsuits that litigation costs currently discourage. Our proposal converts claims with negative expected values into positive expected value claims by implementing a novel system involving flexible conditional multipliers. Our proposal has two components. First, under the proposed system a plaintiff is allowed to select a damage multiplier that determines the amount of damages the plaintiff will receive if the litigation is successful. Second, courts select cases for litigation randomly with a probability inverse to the multiplier the plaintiff selected.

Bioacoustical Warfare: Winter V. Nrdc And False Choices Between Wildlife And Technology, Matthew Axtell

Matthew Axtell

No abstract provided.

Emerging Technology And Client Confidentiality: How Changing Technology Brings Ethical Dilemmas, Louise L. Hill

Louise L Hill

No abstract provided.

Technology & Uncertainty: The Shaping Effect On Copyright Law, Ben Depoorter

Ben Depoorter

This Article examines the symbiotic relationship between copyright law and technology. I describe how an environment characterized by rapid technological change creates two conditions that determine the direction and evolution of copyright law: legal delay and legal uncertainty. I explain how uncertainty over the application of existing copyright law to newly emerging technology catalyzes the actions of copyright owners and users. I argue that uncertainty and delay (1) have an enabling effect on anticopyright sentiments, (2) lead to a greater reliance on self-help efforts by content providers and users, and (3) induce legislative involvement in copyright law. In the final …

The Case For Collaborative Tools: Long Distance Teamwork On A Shoestring Budget, Jessica De Perio Wittman, Lucie Olejnikova

Jessica de Perio Wittman

An article written on how to create podcasts using readily-available technology, and how to use these podcasts in legal education.