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Articles 991 - 1020 of 4157
Full-Text Articles in Law
Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne
Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne
Law and Contemporary Problems
No abstract provided.
Two Relationships To A Cultural Public Domain
Two Relationships To A Cultural Public Domain
Law and Contemporary Problems
It's been well over ten years since Negativland was sued by Island Records for supposed copyright infringement, trademark infringement, defamation of character and consumer fraud contained in our 1991 U2 single. In the big wide world of the ownership of ideas, a lot has changed since then-the advent of the Internet and its worldwide empowerment of individuals through personalized interconnection, the effects of economic globalization and how it bypasses both the ideologies of local governments and the rule of their national laws, and the Digital Millennium Copyright Act with which intellectual property owners are attempting to survive as all these …
Foreword: The Opposite Of Property?, James Boyle
Foreword: The Opposite Of Property?, James Boyle
Law and Contemporary Problems
In November of 2001, Duke University School of Law held a conference on the public domain; the "outside" of the intellectual property system, the material that is free for all to use and to build upon.1 So far as we could tell, this was the first conference on the subject, which is surprising when one realizes the central role of the public domain in our traditions of speech, innovation and culture. In many ways, this imbalance-the hundreds of conferences, centers and initiatives that have intellectual property as their focus, and the comparative dearth of attention on the public domain-provided the …
Nine-Tenths Of The Law: The English Copyright Debates And The Rhetoric Of The Public Domain , Mark Rose
Nine-Tenths Of The Law: The English Copyright Debates And The Rhetoric Of The Public Domain , Mark Rose
Law and Contemporary Problems
No abstract provided.
Romans, Roads, And Romantic Creators: Traditions Of Public Property In The Information Age , Carol M. Rose
Romans, Roads, And Romantic Creators: Traditions Of Public Property In The Information Age , Carol M. Rose
Law and Contemporary Problems
No abstract provided.
Ideas, Artifacts, And Facilities: Information As A Common-Pool Resource, Charlotte Hess, Elinor Ostrom
Ideas, Artifacts, And Facilities: Information As A Common-Pool Resource, Charlotte Hess, Elinor Ostrom
Law and Contemporary Problems
No abstract provided.
“Fairest Of Them All” And Other Fairy Tales Of Fair Use, David Nimmer
“Fairest Of Them All” And Other Fairy Tales Of Fair Use, David Nimmer
Law and Contemporary Problems
No abstract provided.
Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg
Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg
Law and Contemporary Problems
No abstract provided.
Reimagining The Public Domain, David Lange
Reimagining The Public Domain, David Lange
Law and Contemporary Problems
In a paper included among this collection of works from the Duke Law School’s Conference on the Public Domain, James Boyle kindly credits an early essay of mine, Recognizing the Public Domain, with having contributed initially to the contemporary study of the subject. Boyle quotes a passage from that essay in which I suggested that "recognition of new intellectual property interests should be offset today by equally deliberate recognition of individual rights in the public domain . . . . Each [intellectual property] right ought to be marked off clearly against the public domain."
How The Health Care Revolution Fell Short, Clark C. Havighurst
How The Health Care Revolution Fell Short, Clark C. Havighurst
Law and Contemporary Problems
Managed Care I proved itself a poor public servant was appropriately deposed in the counter-revolution it inspired. Managed Care II apparently believes that, by cultivating a more benevolent image than its predecessor, it will be able to hang onto power and ride out any "perfect storm" that may be brewing and that its members can survive as private functionaries in a market increasingly dominated and controlled by government.
Is The Health Care Revolution Finished? — A Foreword, Clark C. Havighurst
Is The Health Care Revolution Finished? — A Foreword, Clark C. Havighurst
Law and Contemporary Problems
No abstract provided.
Using Managed Care Tools In Traditional Medicare — Should We? Could We?, Robert A. Berenson, Dean M. Harris
Using Managed Care Tools In Traditional Medicare — Should We? Could We?, Robert A. Berenson, Dean M. Harris
Law and Contemporary Problems
Berenson and Harris consider whether the most controversial tools of managed care, including selective contracting, gatekeeping, and prior authorization, should be adopted in the Medicare program. On policy and practical political grounds, they do not recommend selective contracting or gatekeeping. Nevertheless, Medicare should be granted the authority to have preferred providers and case management programs that could treat providers differently and could permit certain beneficiaries to receive additional, off-policy benefits.
The Theory And Practice Of Disclosing Hmo Physician Incentives, Mark A. Hall
The Theory And Practice Of Disclosing Hmo Physician Incentives, Mark A. Hall
Law and Contemporary Problems
Despite the widespread consensus that physician incentives under managed care should be disclosed, there is little agreement on the who, what, when, and how of disclosure, nor is there agreement on the primary purpose of disclosure. Three forms of market failure point to three distinct, but overlapping purposes of disclosure, each of which points toward different forms, sources and contents of disclosures.
Back To The Future: The Managed Care Revolution, Gail B. Agrawal, Howard R. Veit
Back To The Future: The Managed Care Revolution, Gail B. Agrawal, Howard R. Veit
Law and Contemporary Problems
The evolution to a managed care system did not achieve the complete, fundamental change in the health care delivery system that was envisioned by some of its early proponents. As the managed care movement evolved beyond the prepaid group practice model, it focused primarily on methods used to spread the cost of health care services.
The Quality Of Managed Care: Evidence From The Medical Literature, Joseph Gottfried, Frank A. Sloan
The Quality Of Managed Care: Evidence From The Medical Literature, Joseph Gottfried, Frank A. Sloan
Law and Contemporary Problems
Gottfried and Sloan examine the empirical evidence, drawn from the medical literature, pertaining to the safety of managed care practices. They seek to ground the ongoing debate on the medical merits of managed care organizations in the science of clinical research.
Market Failures And The Evolution Of State Regulation Of Managed Care, Frank A. Sloan, Mark A. Hall
Market Failures And The Evolution Of State Regulation Of Managed Care, Frank A. Sloan, Mark A. Hall
Law and Contemporary Problems
Sloan and Hall reflect on whether the market defects identified explain why the managed care revolution has stalled and whether patient protection laws can help put managed care back on track. From a perspective of reliance on market forces to achieve socially desirable outcomes, the fundamental failure of managed care is the failure to produce competing systems of health care delivery that force competitive processes and consumer choice to focus on trade-offs between the cost and quality of care.
A Copernican View Of Health Care Antitrust, William M. Sage, Peter J. Hammer
A Copernican View Of Health Care Antitrust, William M. Sage, Peter J. Hammer
Law and Contemporary Problems
Sage and Hammer use the analogy of Copernican astronomy to suggest that understanding the dramatic change wrought by managed care requires a conceptual reorientation regarding the meaning of competition in health care and its appropriate legal and regulatory oversight. Both share the belief that misperceiving the world limits potential for technical and social progress.
Foreword: The Law Of Politics, Christopher H. Schroeder
Foreword: The Law Of Politics, Christopher H. Schroeder
Law and Contemporary Problems
No abstract provided.
Bush V. Gore And The French Revolution: A Tentative List Of Some Early Lessons, Sanford Levinson
Bush V. Gore And The French Revolution: A Tentative List Of Some Early Lessons, Sanford Levinson
Law and Contemporary Problems
Levinson examines the Supreme Court's decision in "Bush v. Gore" as an entry-point into understanding American constitutional culture. "Law," as people ordinarily think of it, may be much less important than people might believe (or hope) with regard to controlling politics. But "law" in another way may have Americans gripped within a constitutional iron cage that makes it next to impossible to engage in a cogent discussion of what might ail contemporary American polity and, concomitantly, what might be needed by way of reforms.
Judicializing Politics, Politicizing Law, John Ferejohn
Judicializing Politics, Politicizing Law, John Ferejohn
Law and Contemporary Problems
Since WWII there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. It is no surprise that appointments to both the US Supreme Court and to other federal courts have become partisan political issues. Ferejohn argues that what is at stake, institutionally, is the allocation of legislative power--the power to establish general rules of prospective application.
The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton
The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton
Law and Contemporary Problems
A major reason that many people are intensely interested in who sits on the Supreme Court is that legal decisions can have great influence on the effectuation or frustration of political objectives. Clayton does not view the trend toward the "judicialization" of politics as necessarily antithetical to democratic values because Court decisions are within the mainstream of contemporary political values and electoral preferences.
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Law and Contemporary Problems
Munger comments on John Ferejohn's recent article in which Ferejohn examines some key issues raised by the exercise of legislative power by the judicial branch. Ferejohn claims that Americans have chosen to accept the judicialization of politics, leaving the courts the option of exercising power inappropriately. Munger argues that while the courts do have power, they forebear from exercising it for long periods of time.
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Law and Contemporary Problems
Deliberative democracy is one of the most discussed contemporary political theories. Schroeder argues that its central claim can be understood as the claim that politics needs to become more like law. While specific recommendations to make specific decision processes more deliberative are fair, the attempt to efface the distinctively non-lawlike attributes of politics entirely cannot withstand scrutiny.
Deliberation Disconnected: What It Takes To Improve Civic Competence, Arthur Lupia
Deliberation Disconnected: What It Takes To Improve Civic Competence, Arthur Lupia
Law and Contemporary Problems
Lupia argues that the suggestions of those who advocate deliberative democracy to incorporate more and more law-like precepts into politics will not achieve the ultimate ambition of deliberative theory, which is to have the resolution of disputes turn on nothing but the force of the better argument. Lupia discusses mechanisms to build civic competence by creating conditions in which the better argument has an improved change of winning the battle.
Deliberative Democracy And Campaign Finance Reform, Neil Kinkopf
Deliberative Democracy And Campaign Finance Reform, Neil Kinkopf
Law and Contemporary Problems
Deliberative theory is concerned with the problem of dissensus and justification--the exercise of state power is justified through a process of public reasoning. Kinkopf examines deliberative theory and illustrates its problems through the campaign finance reform debate.
Telling Miller’S Tale: A Reply To David Yassky, Brannon P. Denning, Glenn H. Reynolds
Telling Miller’S Tale: A Reply To David Yassky, Brannon P. Denning, Glenn H. Reynolds
Law and Contemporary Problems
A recent article by Professor David Yassky suggests that there is a segment of legal academia that dissents from the Standard model and has started to generate alternatives to the Standard Model. Denning and Reynolds critique that part of Yassky's theory dismissing "United States v. Miller" as providing the basis for an individual rights interpretation of the Second Amendment.