Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill Aug 2011

"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill

Working Paper Series

This is the introductory chapter of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate, 2011), explaining that the book presents examples of how literary accounts can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, I focus on stories that explore the relationship between law and science, and identify cultural images of science that prevail in legal contexts. In contrast to other studies on the transfer and construction of expertise in legal settings, the book considers the intersection of three interdisciplinary projects-- law and ...


Does Legalzoom Have First Amendment Rights? Some Thoughts About Freedom Of Speech And The Unauthorized Practice Of Law, Catherine J. Lanctot Aug 2011

Does Legalzoom Have First Amendment Rights? Some Thoughts About Freedom Of Speech And The Unauthorized Practice Of Law, Catherine J. Lanctot

Working Paper Series

At a time of economic dislocation in the legal profession, it is likely that bar regulators will turn their attention to pursuing lay entities that appear to be engaged in the unauthorized practice of law. One prominent target of these efforts is LegalZoom, an online document preparer that has come under increasing pressure from the organized bar for its marketing and sale of basic legal documents. As regulatory pressure against LegalZoom and similar companies continues to mount, it is worth considering whether there may be unanticipated consequences from pursuing these unauthorized practice claims. In several well-known instances, lay people have ...


Synthetic Science: A Response To Rabinow, David S. Caudill Oct 2009

Synthetic Science: A Response To Rabinow, David S. Caudill

Working Paper Series

Rabinow’s description of the unique collaborative goal of synthetic biology at Berkeley, to foster a coproduction among multiple disciplines and perspectives from the outset (as opposed to downstream reflection upon ethical, legal, and social implications), is somewhat misleading. While that particular assemblage is represented as coproductive, the inevitability of science as a coproduction is eclipsed. That shortcoming may well be a strategic compromise to ensure effective collaboration, but it could backfire. Idealized images of science, which might be termed synthetic or artificial, have had adverse consequences in legal and administrative assessments of reliable science.


Book Review: Carl Cranor, Toxic Torts: Science, Law, And The Possibility Of Justice, David S. Caudill Oct 2009

Book Review: Carl Cranor, Toxic Torts: Science, Law, And The Possibility Of Justice, David S. Caudill

Working Paper Series

Carl F. Cranor’s Toxic Torts: Science, Law, and the Possibility of Justice is a sustained, comprehensive argument that the Daubert gatekeeping regime has tilted the playing field against injured plaintiffs in toxic tort litigation. More generally, Cranor joins those who argue that the Daubert regime has not fared well in practice. Complex scientific evidence is not handled well in trials because scientific methods, data, and inferential reasoning are not well understood by gatekeeping judges. Cranor’s goal is to help solve this problem by offering a detailed description of the patterns of reasoning, evidence collection, and inference in nonlegal ...


Application Of Cascade Theory To Online Systems: A Study Of Email And Google Cascades, April M. Barton Jun 2009

Application Of Cascade Theory To Online Systems: A Study Of Email And Google Cascades, April M. Barton

Working Paper Series

Why do markets boom and crash? Why do fads and social norms start and end? The answer is found in a branch of social science literature called “cascade theory.” Cascade theory explains the observable human behavior of imitation: following the actions of someone else simply because one has observed that behavior, rather than following one’s own intuition. This article discusses cascade theory in the context of online systems, namely e-mail and Google. E-mail cascades parallel their offline cascade counterparts as information and misinformation is spread from person to person. However, e-mail cascades also exhibit an amplified herd effect and ...


Public Law, Private Law, And Legal Science, Chaim Saiman Jul 2008

Public Law, Private Law, And Legal Science, Chaim Saiman

Working Paper Series

This essay explores the historical and conceptual connections between private law and nineteenth century classical legal science from the perspective of German, American, and Jewish law. In each context, legal science flourished when scholars examined the confined doctrines traditional to private law, but fell apart when applied to public, administrative and regulatory law. Moving to the contemporary context, while traditional private law scholarship retains a prominent position in German law and academia, American law has increasingly shifted its focus from the language of substantive private law to a legal regime centered on public and procedural law. The essay concludes by ...


Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll Sep 2003

Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll

Working Paper Series

Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle ...