Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Commons (2)
- Copyright (2)
- Intellectual property (2)
- Case studies (1)
- Common pools (1)
-
- Criminal law (1)
- DNA (1)
- Emergence of property rights (1)
- Evidence (1)
- Exhaustion (1)
- First sale (1)
- Formalism (1)
- Functionalism (1)
- Governance (1)
- Implied license (1)
- Information (1)
- Intellectual property licenses (1)
- Knowledge (1)
- Law and economics (1)
- Modern race theory (1)
- Patent (1)
- Patent pools (1)
- Public goods (1)
- Rhetoric (1)
- Science (1)
- Social constructs (1)
- Social norms (1)
- Space (1)
- Stand-up comedy (1)
- Things (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
The University As Constructed Cultural Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg
The University As Constructed Cultural Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg
Articles
This paper examines commons as socially constructed environments built via and alongside intellectual property rights systems. We sketch a theoretical framework for examining cultural commons across a broad variety of institutional and disciplinary contexts, and we apply that framework to the university and associated practices and institutions.
Of Coase And Comics, Or, The Comedy Of Copyright, Michael J. Madison
Of Coase And Comics, Or, The Comedy Of Copyright, Michael J. Madison
Articles
This Essay responds to There’s No Free Laugh (Anymore): The Emergence of Intellectual Property Norms and the Transformation of Stand-Up Comedy, by Dotan Oliar and Christopher Sprigman. It argues that case studies of disciplines and domains that may be governed by intellectual property regimes are invaluable tools for comparative analysis of the respective roles of law and other forms of social order. The Essay examines the case of stand-up comedy under a lens that is somewhat broader than the one used by the authors of the original study, one that takes into account not only the social norms of individual …
Notes On A Geography Of Knowledge, Michael J. Madison
Notes On A Geography Of Knowledge, Michael J. Madison
Articles
Law and knowledge jointly occupy a metaphorical landscape. Understanding that landscape is essential to understanding the full complexity of knowledge law. This Article identifies some landmarks in that landscape, which it identifies as forms of legal practice: several recent cases involving intellectual property licenses, including the recent patent law decision in Quanta v. LG Electronics and the open source licensing decision in Jacobsen v. Katzer. The Article offers a preliminary framework for exploring the territories of knowledge practice in which those legal landmarks appear.
On Race Theory And Norms, Christian Sundquist
On Race Theory And Norms, Christian Sundquist
Articles
This article has been adapted from an address given at the Albany Law Review Symposium in Spring 2009. This article discusses the judicial acceptance of DNA random match estimates, which uses DNA analysis to estimate the likelihood that a criminal defendant is the source of genetic material that is found at a crime scene. Relying on race, these tests demonstrate how such a re-inscription of race as a biological entity threatens the modern conception of race as a social construction, and how those estimates should be rejected as inadmissible on a doctrinal level under the Federal Rules of Evidence.