Suchergebnisse

Written for the Yale Law Journal's online Pocket Part, this is a much shorter and (I hope) more accessible iteration of my earlier paper, Risk Aversion and Rights Accretion in Intellectual Property Law, 116 Yale L.J. 882 (2007). It summarizes that paper's central point - i.e., that intellectual property entitlements are growing not just because of expansive court decisions and legislative enactments, but also because of seemingly sensible, risk-averse licensing decisions that inadvertently feed back into legal doctrine - and then explores how this phenomenon might apply to (and be manipulated by) enterprises such as Google Book Search.

Electronic discovery therefore represents one of the most momentous developments in the everyday life of the modern lawyer. Its effect on civil litigators is obvious, but other lawyers need to pay heed to the issue as well. Transactional attorneys, legislative aides, prosecutors, in-house counsel, and anyone else with legal responsibilities must be aware of the consequences of using electronic means of documentation and communication. Even an act as innocuous as sending an e-mail (an act that occurs thirty-one billion times a day7) creates a digital paper trail that is subject to discovery. Delete a client 's e-mails - or close out of an e-mail program that deletes them for you - and you may be engaging in unwitting but disastrous spoliation of evidence. [5] In short, the Richmond Journal of Law & Technology could not have picked a more important subject for its annual survey. The topic of electronic discovery is relatively new, but it is not going away. It is both timely and timeless. And it is particularly appropriate that the first journal to "go paperless" should choose this subject for its yearly focus.

There's a war on between those who view digital technology as a reason to expand intellectual property law and those who oppose this expansion. One front in the war is technological: the pro-expansionists enclose their products in restrictive code, which the anti-expansionists circumvent and hack. A second is legislative: the pro-expansionists seek extended copyright duration, favorable changes to contract law, and other new legal entitlements, while the anti-expansionists lobby for the opposite. And a third front is a combination of the first two: it is technological. On this battlefield, the pro-expansionists use the law to fortify their technological protections. But here the anti-expansionists merely play defense - resisting, but offering few affirmative technological measures of their own. This article gives the anti-expansionists a new technological weapon for their arsenal. Using the battle over database rights as a case study, it first explains how the architecture of digital technology, if left unregulated, can obviate legal entitlements in the market for databases and other information goods. It then explores how legal regulation can counteract this effect and ensure that the public ordering of intellectual property law continues to have meaning. Finally, it settles on one regulatory mechanism: requiring information producers to fashion a technologically unfettered (re-reified) version of their goods, which the public then holds hostage against overly restrictive architectural constraints.

The courtroom is the crucible of the law, where the fire of litigation tests the intellectual and political forces that inform social policy. Discovery - the process by which litigants identify and assemble their evidence - provides the fuel for the fire. Indeed, not long ago most of the evidence that the discovery process produced was, quite literally, flammable: boxes upon boxes of paper documents.

Stalin's collectivization of Soviet Russia's agriculture resulted in the deaths of at least ten million people through starvation and associated diseases between 1928 and 1934. Hungry and Starving explores primary accounts of the Great Soviet Famine on the part of both its perpetrators and its sufferers.

Intro -- Contents -- Tables -- Illustrations -- Prologue: Opening the Oregon Country -- PART ONE: Post Farming: Hudson's Bay Company Agriculture This Side The Mountains -- 1. Governor Simpson's Œconomy: The Origins of Post Farming -- 2. Governor Simpson's Reward: The Results of Post Farming -- 3. Physical Extremes: The Problems of Post Farming -- PART TWO: Company Farming: Puget's Sound Agricultural Company Operations On The Cowlitz Portage -- 4. Grain for Alaska and Wool for England: The Origins of the Puget's Sound Agricultural Company -- 5. Success and Failure: The Performance of the Puget's Sound Agricultural Company -- 6. Half Shares and Mean Lands: The Problems of the Puget's Sound Agricultural Company -- PART THREE: Homestead Farming: Pioneer Agriculture In The Willamette Valley -- 7. The Promised Land: The Formation of The Willamette Settlement -- 8. The "Garden of the Columbia": The Success of Homestead Farming -- PART FOUR: Mission Farming: Protestant and Catholic Husbandry on the Lower Columbia -- 9. The "Macedonian Cry": The Advent of Missionaries -- 10. The Fruit of the Faithful: The Outcome of Mission Farming -- 11. Divine Testing or Demonic Tempting: The Obstacles to Mission Farming -- 12. From Noble Savage to Sturdy Yeoman: Indian Farming -- Epilogue: Dividing the Oregon Country -- Abbreviations -- Sources for Tables -- Bibliography -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y.

Intro -- Contents -- Introduction -- PART I. Perspective and Context -- 1 Historical Background: Occupation and Exploitation of the Russian Far East -- 2 Geographical Background: Physical and Cultural Setting of the Okhotsk Seaboard and the Kamchatka Peninsula -- 3 The Problem of Provisionment -- PART II. Overland-Oversea Provisionment -- 4 Introduction -- 5 Routes and Carriers -- 6 Performance -- 7 Transport Problems -- 8 Reactions -- PART III. Local Agriculture -- 9 Introduction -- 10 Agricultural Settlement -- 11 Production -- 12 Agricultural Problems -- 13 Reactions -- PART IV. Retrospect -- 14 Summary and Conclusion -- Notes -- Bibliography -- Index.