Author(s): Jason Schultz Year: 2012 Abstract: This case raises many legal, technical, and epistemological issues related to the future of higher education, research, and scholarship – especially those efforts that seek to take advantage of “big data” analytics and methodologies. Advances in computer technology and the availability of digital texts will allow scholars of the […]
Brief of Digital Humanities and Law Scholars as Amici Curiae in Authors Guild v. Google
PIA Requirements and Privacy Decision-Making in US Government Agencies
Author(s): Kenneth A. Bamberger and Deirdre K. Mulligan Year: 2012 Abstract: This chapter explores the ways in which the Privacy Impact Assessment requirement of the U.S. E-Government Act might be implemented in government agencies so as to mitigate agency “tunnel vision” and begin to integrate meaningful consideration of privacy concerns into agency structures, cultures and […]
The Governance of Privacy Through Codes of Conduct: International Lessons for U.S. Privacy Policy
Author(s): Deirdre K. Mulligan Year: 2013 Abstract: The recent White Paper on privacy from the U.S. Department of Commerce encourages, “the development of voluntary, enforceable privacy codes of conduct in specific industries through the collaborative efforts of multi-stakeholder groups, the Federal Trade Commission (FTC), and a Privacy Policy Office within the Department of Commerce”. The […]
EU Privacy and the Cloud: Consent and Jurisdiction Under the Proposed Regulation
Author(s): Paul M. Schwartz Year: 2013 Abstract: Cloud computing allows dramatic flexibility in information processing—and on a global basis. Its technology permits data transmissions that span the globe. Computing activities now shift from country-to-country depending on load capacity, time of day, and a variety of other factors. These decisions are sometimes made in real time […]
Privacy in Europe: Initial Data on Governance Choices and Corporate Practices
Author(s): Kenneth A. Bamberger and Deirdre K. Mulligan Year: 2013 Abstract: As this Article goes to press, the European Union is embroiled in debates over the contours of a proposed new privacy regulation. These efforts, however, have lacked critical information necessary for reform. For, like privacy debates generally, they focus almost entirely on law “on […]
Protecting Open Innovation: A New Approach to Patent Threats, Transaction Costs, and Tactical Disarmament
Author(s): Jason Schultz and Jennifer Urban Year: 2012 Abstract: Historically, Open Innovation Communities (OICs), such as those who make free and open source software (FOSS), have opted out of the patent system for three main reasons: Patents are expensive to acquire and enforce; they are philosophically, culturally, and politically anathema to many OIC members; and […]
Educational Fair Use Brief in Support of Georgia State University on Behalf of Amici Curiae Academic Authors and Legal Scholars
Author(s): Pamela Samuelson and Jason Schultz Year: 2013 Abstract: For centuries, scholars and educators have excerpted the works of their colleagues, transforming them from individual, static monographs into dynamic pedagogical and intellectual tools for classroom learning. Such transformations reside at the heart of fair use, a core copyright law doctrine established to protect socially beneficial […]
Economic Implications of Erisa
Author(s): Peter S. Menell Year: 1982 Abstract: If the intent of the Employee Retirement Income Security Act, ERISA, was to assure that beneficiaries of insolvent pension plans receive adequate pension benefits, sharp increases in nominal rates of interest have blunted that purpose. Without an increase in these rates, the Pension Benefit Guarantee Corporation, PBGC, the […]
A Note on Private versus Social Incentives to Sue in a Costly Legal System
Author(s): Peter S. Menell Year: 1983 Abstract: This article presents a game-theoretic model of costly litigation. The model shows that where an injurer can calibrate the level of damages done to other parties, it sacrifices in profits an amount related to the victim’s litigation costs by inducing suit. Thus the structure of the legal system […]
Notice Failure and Notice Externalities
Author(s): Peter S. Menell Year: 2012 Abstract: Economic theory suggests that notice plays a critical role in resource development. Resource developers will be disinclined to make significant investments without reasonable confidence that their projects will not violate the rights of others. Land rights systems and institutions generally provide reliable notice at relatively modest cost, enabling […]