Intellectual Property and the Internet
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R. A. Duff (University of Stirling – Department of Philosophy) has posted Criminal Law and the Constitution of Civil Order on SSRN. Here is the abstract: Those who advocate a “public law” conception of criminal law sometimes also argue that this precludes any type of “legal moralism”. This paper aims to show that while criminal law is
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Michael L. Perlin and Naomi Weinstein (New York Law School and New York State Unified Court System – Mental Hygiene Legal Service) have posted 'There's Voices in the Night Trying to Be Heard': The Potential Impact of the Convention on the Rights of Persons with Disabilities on Domestic Mental Disability Law on SSRN. Here is the
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The Legal Theory Bookworm recommends Constitutional Referendums: The Theory and Practice of Republican Deliberation by Stephen Tierney. Here is a description: The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or
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Marcin Matczak (Warsaw University – Faculty of Law and Public Administration) has posted Argumentum Ad Absurdum and the Rational Legislator Assumption – Critical Analysis on SSRN. Here is the abstract: The aim of this paper is to analyse the nature and structure of ad absurdum arguments (AADA) used in courts' statements of reasons. I particularly
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Robert P. Merges (University of California, Berkeley – School of Law) has posted IP Rights and Technological Platforms on SSRN. Here is the abstract: This paper is about intellectual property rights (IPRs) and platform technologies. After a brief introduction explaining some basics of networks, standards and platforms, I turn to three policy issues. The first
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Graeme B. Dinwoodie (Chicago-Kent College of Law) has posted The International Intellectual Property System: Treaties, Norms, National Courts, and Private Ordering (THE INTERNATIONAL INTELLECTUAL PROPERTY SYSTEM: TREATIES, NORMS, NATIONAL COURTS, AND PRICATE ORDERING, in Intellectual Property, Trade and Development: Strategies to Optimize Economic Development in a TRIPS Plus Era, D. Gervais ed., Oxford University Press
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Anne Barron (London School of Economics & Political Science (LSE) – Department of Law ) has posted Copyright Infringement, ‘Free-Riding’ and the Lifeworld on SSRN. Here is the abstract: The dominant explanatory/justificatory framework informing scholarly commentary on copyright law, policy and theory today – certainly in the US – is law and economics. From this
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Peter K. Yu (Drake University Law School) has posted Building Intellectual Property Coalitions for Development (IMPLEMENTING WIPO’S DEVELOPMENT AGENDA, Jeremy de Beer, ed., IDRC, 2008, Centre for International Governance Innovation Working Paper No. 3) on SSRN. Here is the abstract: The adoption of the WIPO Development Agenda in October 2007 has provided less developed countries
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Lisa A. Dolak (Syracuse University – College of Law) has posted Inequitable Conduct: A Flawed Doctrine Worth Saving on SSRN. Here is the abstract: A growing chorus of voices is calling for reform or even elimination of the doctrine of inequitable conduct. Critics argue that innocent or even irrelevant prosecution mistakes can be met with
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Paul J. Heald (University of Georgia Law School) has posted Optimal Remedies for Patent Infringement: A Transactional Model on SSRN. Here is the abstract: In a world of zero transaction costs, one should observe optimal invention and innovation. As long as a system of enforceable contracts were in place, firms with inventive capacity and firms