Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Innovation (2)
- Intellectual Property (2)
- Knowledge (2)
- Learning (2)
- Patent (2)
-
- Accountability (1)
- Bilski (1)
- Citizen participation (1)
- Commons (1)
- Congress (1)
- Copyright (1)
- Creativity (1)
- Curation (1)
- Cyberspace idealism (1)
- Decision making (1)
- Delegation (1)
- Disclosure (1)
- Electronic government (1)
- Executive branch (1)
- Federal agencies (1)
- Freedom of speech (1)
- Government agencies (1)
- ICANN (1)
- Internet Corporation for Assigned Names & Numbers (1)
- Internet domain name registration (1)
- Internet service providers (1)
- Invention (1)
- Market power (1)
- Online harassment (1)
- Oversight (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Foreword: Rulemaking, Democracy, And Torrents Of E-Mail, Nina A. Mendelson
Foreword: Rulemaking, Democracy, And Torrents Of E-Mail, Nina A. Mendelson
Articles
This Foreword is meant as an initial foray into the question of what agencies should do with mass public comments, particularly on broad questions of policy. Part I discusses the extent to which congressional control, presidential control, and agency procedures themselves can ensure that agency decisions are democratically responsive. In view of shortcomings in both congressional and presidential control, I underscore the need to focus closely on rulemaking procedures as a source of democratic responsiveness. The possibility that agencies may be systematically discounting certain public submissions raises difficulties, and I present some examples. Part II makes a preliminary case that …
Knowledge Curation, Michael J. Madison
Knowledge Curation, Michael J. Madison
Articles
This Article addresses conservation, preservation, and stewardship of knowledge, and laws and institutions in the cultural environment that support those things. Legal and policy questions concerning creativity and innovation usually focus on producing new knowledge and offering access to it. Equivalent attention rarely is paid to questions of old knowledge. To what extent should the law, and particularly intellectual property law, focus on the durability of information and knowledge? To what extent does the law do so already, and to what effect? This article begins to explore those questions. Along the way, the article takes up distinctions among different types …
Beyond Invention: Patent As Knowledge Law, Michael J. Madison
Beyond Invention: Patent As Knowledge Law, Michael J. Madison
Articles
The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from …
Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks
Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks
Articles
No abstract provided.
Almost Free: An Analysis Of Icann's 'Affirmation Of Commitments', A. Michael Froomkin
Almost Free: An Analysis Of Icann's 'Affirmation Of Commitments', A. Michael Froomkin
Articles
No abstract provided.