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Articles 1 - 15 of 15
Full-Text Articles in Law
The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh
The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh
All Faculty Scholarship
Not all copying constitutes copyright infringement. Quite independent of fair use, copyright law requires that an act of copying be qualitatively and quantitatively significant enough or “substantially similar” for it to be actionable. Originating in the nineteenth century, and entirely the creation of courts, copyright’s requirement of “substantial similarity” has thus far received little attention as an independently meaningful normative dimension of the copyright entitlement. This Article offers a novel theory for copyright’s substantial-similarity requirement by placing it firmly at the center of the institution and its various goals and purposes. As a common-law-style device that mirrors the functioning of …
Enhancing Public Access To Online Rulemaking Information, Cary Coglianese
Enhancing Public Access To Online Rulemaking Information, Cary Coglianese
All Faculty Scholarship
One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available …
When Antitrust Met Facebook, Christopher S. Yoo
When Antitrust Met Facebook, Christopher S. Yoo
All Faculty Scholarship
Social networks are among the hottest phenomena on the Internet. Facebook eclipsed Google as the most visited website in both 2010 and 2011. Moreover, according to Nielsen estimates, as of the end of 2011 the average American spent nearly seven hours per month on Facebook, which is more time than they spent on Google, Yahoo!, YouTube, Microsoft, and Wikipedia combined. LinkedIn’s May 19, 2011 initial public offering (“IPO”) surpassed expectations, placing the value of the company at nearly $9 billion, and approximately a year later, its stock price had risen another 20 percent. Facebook followed suit a year later with …
New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo
New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo
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No abstract provided.
Internet Policy Going Forward: Does One Size Still Fit All?, Christopher S. Yoo
Internet Policy Going Forward: Does One Size Still Fit All?, Christopher S. Yoo
All Faculty Scholarship
Much of the current debate over Internet policy is framed by the belief that there has always been a single Internet that was open to everyone. Closer inspection reveals a number of important ways in which the architecture has deviated from this commitment. Providers frequently deploy Voice over Internet Protocol (VoIP) and Internet Protocol Television (IPTV) over hybrid networks that reserve bandwidth or employ technologies such as MultiProtocol Label Switching (MPLS) that are not fully accessible to the public Internet. At the same time, the increasing value in variety and decreasing returns to scale is mitigating the value of being …
Beyond Coase: Emerging Technologies And Property Theory, Christopher S. Yoo
Beyond Coase: Emerging Technologies And Property Theory, Christopher S. Yoo
All Faculty Scholarship
In addition to prompting the development of the Coase Theorem, Ronald Coase’s landmark 1959 article on the Federal Communications Commission touched off a revolution in spectrum policy. Although one of Coase’s proposed reforms (that spectrum should be allocated through markets) has now become the conventional wisdom, his other principal recommendation (that governments stop dedicating portions of the spectrum to particular uses) has yet to be fully embraced. Drawing on spectrum as well as Internet traffic and electric power as examples, this Article argues that emerging technologies often reflect qualities that make defining property rights particularly difficult. These include the cumulative …
Network Neutrality And The Need For A Technological Turn In Internet Scholarship, Christopher S. Yoo
Network Neutrality And The Need For A Technological Turn In Internet Scholarship, Christopher S. Yoo
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To most social scientists, the technical details of how the Internet actually works remain arcane and inaccessible. At the same time, convergence is forcing scholars to grapple with how to apply regulatory regimes developed for traditional media to a world in which all services are provided via an Internet-based platform. This chapter explores the problems caused by the lack of familiarity with the underlying technology, using as its focus the network neutrality debate that has dominated Internet policy for the past several years. The analysis underscores a surprising lack of sophistication in the current debate. Unfamiliarity with the Internet’s architecture …
Incentivizing The Utilization Of Pharmacogenomics In Drug Development, Valerie Gutmann Koch
Incentivizing The Utilization Of Pharmacogenomics In Drug Development, Valerie Gutmann Koch
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Pharmacogenomics, the study and development of compounds according to how an individual’s genes affects the body’s response to drugs, holds enormous promise for increasing the safety and efficiency of drug development while decreasing adverse reactions and the trial-and-error nature of drug prescription. However, pharmacogenomics may not be the panacea for all development and prescription problems. This article explores some of the obstacles to pharmacogenomic advancement including industry reluctance to pursue research because of potentially prohibitive costs associated with developing products and legal liability concerns. The implications pharmacogenomics has for drug research and development as well as various areas of law …
Pgtandme: Social Networking-Based Genetic Testing And The Evolving Research Model, Valerie Gutmann Koch
Pgtandme: Social Networking-Based Genetic Testing And The Evolving Research Model, Valerie Gutmann Koch
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The opportunity to use extensive genetic data, personal information, and family medical history for research purposes may be naturally appealing to the personal genetic testing (PGT) industry, which is already coupling its direct-to-consumer (DTC) products with social networking technologies, as well as to potential industry or institutional partners. This article evaluates the transformation in research that the hybrid of PGT and social networking will bring about, and – highlighting the challenges associated with a new paradigm of “patient-driven” genomic research – focuses on the consequences of shifting the structure, locus, timing, and scope of research through genetic crowd-sourcing. This article …
Digital Originality, Edward Lee
Digital Originality, Edward Lee
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This Article examines the doctrine of originality in U.S. copyright law and proposes a reconfigured, three-part test that can better analyze issues of first impression involving works created with new digital technologies. The proposed test, encapsulated by the concept of digital originality, provides much needed guidance to courts to address the increasing complexities of digital creations in the twenty-first century.
Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert Sloan
Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert Sloan
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When you download the free audio recording software from Audacity, you agree that Audacity may collect your information and use it to send you advertising. Billions of such pay-with-data exchanges feed information daily to a massive advertising ecosystem that tailors web site advertising as closely as possible to individual interests. The vast majority want considerably more control over our information. We nonetheless routinely enter pay-with-data exchanges when we visit CNN.com, use Gmail, or visit any of a vast number of other websites. Why? And, what, if anything, should we do about it? We answer both questions by describing pay-with-data exchanges …
The Social Context Of Oncofertility, Dorothy E. Roberts
The Social Context Of Oncofertility, Dorothy E. Roberts
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A field known as oncofertility provides female cancer patients with a variety of ways to preserve their fertility so that they may bear genetically related children after successful cancer treatment. Some women delay cancer therapy so doctors can collect their eggs, which are then cryopreserved in an unfertilized state or used to create embryos through in vitro fertilization for freezing. An experimental procedure for preserving the fertility of prepubertal girls, known as ovarian tissue cryopreservation, involves surgically removing their ovarian tissue and growing the immature eggs to a mature state so they can be frozen and stored until the girls …
The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh
The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh
All Faculty Scholarship
No abstract provided.
Antitrust And The Movement Of Technology, Herbert J. Hovenkamp
Antitrust And The Movement Of Technology, Herbert J. Hovenkamp
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Patents create strong incentives for collaborative development. For many technologies fixed costs are extremely high in relation to variable costs. A second feature of technology that encourages collaborative development is the need for interoperability or common standards. Third, in contrast to traditional commons, intellectual property commons are almost always nonrivalrous on the supply side. If ten producers all own the rights to make a product covered by a patent, each one can make as many units as it pleases without limiting the number that others can make. That might seem to be a good thing, but considered ex ante it …
Mobile Phones And Crime Deterrence: An Underappreciated Link, Jonathan Klick, John Macdonald, Thomas Stratmann
Mobile Phones And Crime Deterrence: An Underappreciated Link, Jonathan Klick, John Macdonald, Thomas Stratmann
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Between 1991 and 2001, crime rates dropped by about a third across all crime categories. We suggest that the introduction and growth of mobile phone technology may have contributed to the crime decline in the 1990s, specifically in the areas of rape and assault. Given that mobile phones increase surveillance and the risks of apprehension when committing crimes against strangers, an expansion of this technology would increase the costs of crime as perceived by forward-looking criminals. We use the available mobile phone data to show that there is a strongly negative association between mobile phones and violent crimes, although data …