Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (2)
- Anthropology (1)
- Contracts (1)
- Economics (1)
- Health Law and Policy (1)
-
- Intellectual Property Law (1)
- Internet Law (1)
- Law and Economics (1)
- Legal Profession (1)
- Other Law (1)
- Political Economy (1)
- Property Law and Real Estate (1)
- Rule of Law (1)
- Science and Technology Studies (1)
- Social and Behavioral Sciences (1)
- Social and Cultural Anthropology (1)
- Sociology (1)
- Theory, Knowledge and Science (1)
- Torts (1)
- Institution
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Stipulated Damages, Super-Strict Liability, And Mitigation In Contract Law, Saul Levmore
Stipulated Damages, Super-Strict Liability, And Mitigation In Contract Law, Saul Levmore
Michigan Law Review
The remedy of expectancy damages in contract law is conventionally described as strict liability for breach. Parties sometimes stipulate damages in advance, and may agree that the damages they stipulate shall be the exclusive remedy for breach. They may do so because of their conviction that they can, even in advance, assess damages with greater accuracy than courts, and they may be wary of litigation costs associated with the postbreach determination of expectancy damages. This Article advances two claims. First, that the familiar expectation remedy is correctly understood to involve elements of fault. There is litigation over the question of …
Notes On A Geography Of Knowledge, Michael J. Madison
Notes On A Geography Of Knowledge, Michael J. Madison
Fordham Law Review
No abstract provided.
The Burden Of Knowledge, Christian Turner
The Burden Of Knowledge, Christian Turner
Scholarly Works
Sometimes we are better off not knowing things. While we often hear that "ignorance is bliss," there has not been a comprehensive consideration in the legal academy of the virtues of ignorance and its regulation. Though the distribution of knowledge, like the distribution of other goods, is affected both directly and indirectly by law, several characteristics of knowledge distinguish it from other kinds of property. Much has been written about the impact of the nonrival and nonexclusive nature of knowledge on its production and distribution. This Article centers around two other attributes of knowledge that combine to create a special …
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.