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The Fellows of the American Bar Foundation
THE FELLOWS OF THE AMERICAN BAR FOUNDATION 2015-2016 2015-2016 Fellows Officers: Chair Hon. Cara Lee T. Neville (Ret.) Chair – Elect Michael H. Byowitz Secretary Rew R. Goodenow Immediate Past Chair Kathleen J. Hopkins The Fellows is an honorary organization of attorneys, judges and law professors whose pro- fessional, public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession. Established in 1955, The Fellows encourage and support the research program of the American Bar Foundation. The American Bar Foundation works to advance justice through ground-breaking, independ- ent research on law, legal institutions, and legal processes. Current research covers meaning- ful topics including legal needs of ordinary Americans and how justice gaps can be filled; the changing nature of legal careers and opportunities for more diversity within the profession; social and political costs of mass incarceration; how juries actually decide cases; the ability of China’s criminal defense lawyers to protect basic legal freedoms; and, how to better prepare for end of life decision-making. With the generous support of those listed on the pages that follow, the American Bar Founda- tion is able to truly impact the very foundation of democracy and the future of our global soci- ety. The Fellows of the American Bar Foundation 750 N. Lake Shore Drive, 4th Floor Chicago, IL 60611-4403 (800) 292-5065 Fax: (312) 564-8910 [email protected] www.americanbarfoundation.org/fellows OFFICERS AND DIRECTORS OF THE Rew R. Goodenow, Secretary AMERICAN BAR FOUNDATION Parsons Behle & Latimer David A. -
Copyrighted Material
1 The Duality of Peer Production Infrastructure for the Digital Commons, Free Labor for Free‐Riding Firms Mathieu O’Neil, Sophie Toupin, and Christian Pentzold 1 Introduction There never was a “tragedy of the commons”: Garrett Hardin’s overgrazing farmers were victims of a tragedy of self‐management, as they failed to collectively regulate, as equals, their common pasture. When Elinor Ostrom was awarded the Nobel Prize in Economics in 2009, the immemorial notion that there are only two types of goods in the world – private and public, coordinated by markets or the state – was finally put to rest. In the most general terms, peer producers are people who create and manage common‐pool resources together. It sometimes seems as if “peer production” and “digital commons” can be used interchangeably. Digital commons are non‐rivalrous (they can be reproduced at little or no cost) and non‐excludable (no‐one can prevent others from using them, through prop- erty rights for example). So, practically speaking, proprietary objects could be produced by equal “peers,” however we argue that peer production has a normative dimension, so that what chiefly char- acterizes this mode of production is that “the output is orientated towards the further expansion of the commons; while the commons, recursively, is the chief resource in this mode of production” (Söderberg & O’Neil, 2014, p. 2). Though there are many historical antecedents, the term “peer pro- duction,” as an object of public and scientific interest, is historically situated in the early 2000s.1 The meanings associated with a term that is deeply connected to the Internet as it was 20 years ago are bound to change. -
One Man's Token Is Another Woman's Breakthrough - the Appointment of the First Women Federal Judges
Volume 49 Issue 3 Article 2 2004 One Man's Token is Another Woman's Breakthrough - The Appointment of the First Women Federal Judges Mary L. Clark Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Judges Commons Recommended Citation Mary L. Clark, One Man's Token is Another Woman's Breakthrough - The Appointment of the First Women Federal Judges, 49 Vill. L. Rev. 487 (2004). Available at: https://digitalcommons.law.villanova.edu/vlr/vol49/iss3/2 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Clark: One Man's Token is Another Woman's Breakthrough - The Appointment 2004] Article ONE MAN'S TOKEN IS ANOTHER WOMAN'S BREAKTHROUGH? THE APPOINTMENT OF THE FIRST WOMEN FEDERAL JUDGES MARY L. CLARK* I. INTRODUCTION NIO women served as Article III judges in the first one hundred and fifty years of the American republic.' It was not until Franklin Del- ano Roosevelt named Florence Ellinwood Allen to the U.S. Court of Ap- peals in 1934 that women were included within the ranks of the federal 2 judiciary. This Article examines the appointment of the first women federal judges, addressing why and how presidents from Roosevelt through Ford named women to the bench, how the backgrounds and experiences of these nontraditional appointees compared with those of their male col- leagues and, ultimately, why it matters that women have been, and con- tinue to be, appointed. -
Miriam G. Cederbaum.2.2
IN MEMORIAM: JUDGE MIRIAM GOLDMAN CEDARBAUM Sonia Sotomayor * Miriam Cedarbaum had been a judge on the U.S. District Court for the Southern District of New York for six years when I joined that court in 1992. I count myself as lucky for so many reasons, but getting to serve alongside and learn from Judge Cedarbaum falls high on that list. Judge Cedarbaum mentored me in my first few years on the bench and served as a steady source of strength and wisdom in the years after. This relationship began when she stopped by my office during my first week on the bench, a tradition she followed with every new judge on her court. It continued afterwards because our offices were on the same floor of the Thurgood Marshall Courthouse, just around the corner, and we kept the same arrangement when renovations moved us to the Daniel Patrick Moynihan Courthouse. I learned much from Judge Cedarbaum. In this space, I want to record those lessons so that other judges, those not fortunate enough to be paid a visit by her during their first week on the bench, can learn from her still. Be careful. A district court judge labors in the boiler room of our judicial system. Alarms constantly sound, work never stops, and thanks rarely materialize. While toiling away, a district court judge may be tempted to cut corners, to make the job just a little easier. Not Judge Cedarbaum. Read any one of Judge Cedarbaum’s decisions and her attention to the facts and mastery of the legal issues leap off the page. -
Press Releases
Press Releases Dellinger to Receive Two Awards for Civil and Human Rights Advocacy June 3, 2019 RELATED PROFESSIONALS FOR IMMEDIATE RELEASE Walter Dellinger WASHINGTON, DC—June 3, 2019—O’Melveny partner Walter Dellinger will receive two prestigious Washington, DC awards this week for his civil rights and advocacy work. He will also lead a discussion with a panel of D: +12023835319 judges. RELATED PRACTICES On Tuesday, Dellinger will be honored by the Mississippi Center for Justice at their annual Mississippi on the Potomac event for his work advancing civil and human rights. Dellinger, who began his legal career Supreme Court & Appellate Litigation teaching Political and Civil Rights to one of the first integrated classes at the University of Mississippi Law School, is cited for being an “influential authority on appellate and Supreme Court jurisprudence and a Litigation committed contributor to a wave of social and generational change in Mississippi.” The Mississippi Center for Justice is a nonprofit, public interest law organization committed to advancing racial and economic justice. On Wednesday, Dellinger will be presented with the Rex E. Lee Advocacy Award at the annual luncheon of the J. Ruben Clark Society. Rex Lee served as the Solicitor General of the United States, the founding dean of the J. Ruben Clark Law School at Brigham Young University, and later as president of the university. The award “is presented to a distinguished advocate who has exemplified excellent and principled advocacy throughout his or her legal career.” US Senator Mitt Romney will give the keynote address at the luncheon. In addition, Dellinger will lead a discussion on Saturday at the final plenary session at the annual convention of the American Constitution Society in Washington, DC. -
Book Review – Yochai Benkler, the Wealth of Networks: How Social Production Transforms Markets and Freedom
CLPE Research Paper 6/2007 Vol. 03 No. 02 (2007) James Brink Book Review – Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom Keywords: networked economy, internet regulation, peer production JEL Classification: K10, K29, K42 Osgoode Hall Law School, York University 4700 Keele St., Toronto, ON, Canada M3J 1P3 Email: [email protected] Published in (2006) 7 German Law Journal 853, online: http://www.germanlawjournal.com/article.php?id=765. 967505 CLPE Research Paper 6/2007 Vol. 03 No. 02 (2007) James Brink BOOK REVIEW – YOCHAI BENKLER, THE WEALTH OF NETWORKS: HOW SOCIAL PRODUCTION TRANSFORMS MARKETS AND FREEDOM Benkler argues that the West is engaged in an escalating culture war between the industrial information economy—a one-way, capital- intensive, and professionally-produced model that has held sway for 150 years—and the networked information economy (NIE)—a many- to-many, low-capital, and cooperative model that has been emerging in the last 15 years. The NIE is built on the infrastructure of the internet and is characterized by characterized by (1) non-proprietary strategies, (2) rising non-market production, and (3) more effective, large-scale cooperative efforts; in other words, “peer production of information, knowledge, and culture.” These aspects challenge our economies and our polities, and hold significant promise for enhancing personal autonomy; however, Benkler, in writing what amounts to a manifesto for the internet, pays little attention to the way in which the NIE is vulnerable to technical capture in the same way the industrial information economy is vulnerable to capital capture, taking a “wait-and-see” approach to regulatory intervention. -
Wikimania 2006 Invited Speaker Biographies
Wikimania 2006 Invited Speaker has been a forceful advocate for open science and open access scientific publishing - the free release of the Biographies material and intellectual product of the scientific research. He is co-Founder of Public Library of Science Yochai Benkler is Professor of Law at Yale Law (PLoS). He serves on the PLoS board, and is an advisor School. His research focuses on commons-based to Science Commons. approaches to managing resources in networked environments. His publications include “The Wealth of Rishab Aiyer Ghosh first developed and sold free Networks: How Social Production Transforms Markets” and software in 1994. He switched from writing in C and “Freedom and Coase’s Penguin, or Linux and the Nature of the assembly to English, and has been writing about the Firm”. economics of free software and collaborative production since 1994. He is the Founding Karen Christensen is the CEO of Berkshire International and Managing Editor of First Monday, the Publishing group, a reference work publisher known for most widely read peer-reviewed on-line journal of the specialty encyclopedias. Her primary responsibility is Internet, and Senior Researcher at the Maastricht bringing together global teams and building Economic Research Institute on Innovation and relationships with experts and organizations around the Technology (MERIT) at the University of Maastricht world. Karen has also served as an encyclopedia editor; and United Nations University, the Netherlands. In as coeditor on the “Berkshire Encyclopedia of World Sport” 2000 he coordinated the European Union -funded (June 2005) and “Global Perspectives on the United States” FLOSS project, the most comprehensive early study of (three volumes, forthcoming), and as senior editor of free/libre/open source users and developers. -
Peer Production of Survivable Infrastructures
Peer Production of Survivable Critical Infrastructures The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Yochai Benkler, Peer Production of Survivable Critical Infrastructures, in The Law and Economics of Cybersecurity 73 (Mark F. Grady & Francesco Parisi eds., 2005). Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:37078634 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA © Yochai Benkler 2004. This version of the work is released under the creative commons noncommercial attribution license. To view a copy of the license visit http://creativecommons.org/licenses/by-nc-sa/1.0 or send a letter to Creative Commons, 559 Nathan Abbott Way, Stanford, California 94305, USA. Peer Production of Survivable Critical Infrastructures Yochai Benkler* Abstract The paper describes an approach to provisioning survivable critical communications and computation infrastructures by deploying radically distributed, peer-based systems for communication, computation, and data storage and retrieval. The paper focuses on system survivability as an approach to robustness, rather than on artifact-oriented hardness or impregnability. Based on a survey of experience with ad hoc wireless mesh networks, peer-to-peer storage and retrieval systems, and distributed computing, the paper identifies a class of solutions that mobilize redundant capacity resident in privately owned, extant unlicensed wireless devices, desktops, laptops, and handhelds around the periphery of the network to provide redundant, adaptive, self-healing systems. -
Barron Nomination Could Be on Senate Floor As Early As This Week
WASHINGTON LEGISLATIVE OFFICE URGENT: BARRON NOMINATION COULD BE ON SENATE FLOOR AS EARLY AS THIS WEEK May 5, 2014 Re: Need for All Senators to Read Key OLC Opinions, Including Ones Authorizing the Killing of a United States Citizen Away from a Battlefield, Before Voting on the Nomination of their Author, David Barron, for the AMERICAN CIVIL United States Court of Appeals for the First Circuit LIBERTIES UNION WASHINGTON LEGISLATIVE OFFICE 915 15th STREET, NW, 6 TH FL Dear Senator: WASHINGTON, DC 20005 T/202.544.1681 F/202.546.0738 Before voting on the nomination of David Barron for the United States WWW.ACLU.ORG Court of Appeals for the First Circuit, the American Civil Liberties Union LAURA W. MURPHY strongly urges you to read the two known Justice Department legal opinions, DIRECTOR authored or signed by Mr. Barron, which reportedly authorized the killing of an NATIONAL OFFICE American citizen by an armed drone, away from a battlefield. The ACLU also 125 BROAD STREET, 18 TH FL. urges you to obtain and read any and all other legal opinions related to the NEW YORK, NY 10004-2400 T/212.549.2500 targeted killing or armed drone program that were written or signed by Mr. Barron. The ACLU does not endorse or oppose any nominee, but strongly urges OFFICERS AND DIRECTORS SUSAN N. HERMAN the Senate to delay any vote on confirmation of Mr. Barron until all senators have PRESIDENT an opportunity to read, with advice of cleared staff, these legal opinions that ANTHONY D. ROMERO authorized an unprecedented killing, as well as any other opinions written or EXECUTIVE DIRECTOR signed by Mr. -
Striking the Right Chord: a Theoretical Approach to Balancing Artists’ Intellectual Property Rights on Remix Audio-Sharing Platforms
\\jciprod01\productn\C\CRN\102-1\CRN104.txt unknown Seq: 1 8-NOV-16 13:30 NOTE STRIKING THE RIGHT CHORD: A THEORETICAL APPROACH TO BALANCING ARTISTS’ INTELLECTUAL PROPERTY RIGHTS ON REMIX AUDIO-SHARING PLATFORMS Nicole Greenstein† INTRODUCTION ........................................... 212 R I. BACKGROUND ..................................... 216 R A. The Rise of Remix Culture and the Copyright Backlash ..................................... 216 R B. Licensing Sampling-Based Music ............. 218 R C. Remixes and the Fair Use Defense ............ 219 R II. A REMIXER’S LABOR OF LOVE: LOCKEAN THEORY OF INTELLECTUAL PROPERTY ............................ 221 R A. An Introduction to Locke’s Labor Theory ...... 221 R B. A Lockean Approach to Intellectual Property and Remix Rights ............................ 223 R C. The Law of Accession and the Improving Remixer ...................................... 226 R III. FOSTERING MUSICAL CREATION: UTILITARIAN THEORIES OF INTELLECTUAL PROPERTY ......................... 229 R A. The Tragedy of the Free Rider ................. 229 R B. The Freedom in the Commons ................ 232 R IV. THE SOUL BEHIND THE SONGS: PERSONHOOD THEORY OF INTELLECTUAL PROPERTY ......................... 234 R A. An Introduction to Personhood Theory ........ 234 R B. The Personhood Right in Remix Culture ....... 235 R CONCLUSION: SOLVING THE REMIX RIGHTS STALEMATE ........ 237 R † University of Pennsylvania, B.A., 2014; Cornell Law School, Candidate for J.D., 2017; Publishing Editor, Cornell Law Review Volume 102. I would like to thank Professor Gregory Alexander for contributing inspiration and thoughtful comments to this Note, as well as Professors Oskar Liivak and Michael Olivas for their excellent instruction in intellectual property. Thanks also to the members of the Cornell Law Review for their hard work in preparing this Note for publication. Last but certainly not least, I am grateful to my family and friends for their endless support throughout law school and all of my endeavors. -
Bruce Ackerman
BOOK REVIEW CONSTITUTIONAL ALARMISM THE DECLINE AND FALL OF THE AMERICAN REPUBLIC. By Bruce Ackerman. Cambridge, Mass.: The Belknap Press of Harvard University Press. 2010. Pp. 270. $25.95. Reviewed by Trevor W. Morrison∗ INTRODUCTION The Decline and Fall of the American Republic is a call to action. Professor Bruce Ackerman opens the book with the claim that “some- thing is seriously wrong — very seriously wrong — with the tradition of government that we have inherited” (p. 3). The problem, he says, is the modern American presidency, which he portrays as recently trans- formed into “an especially dangerous office” (p. 189 n.1) posing “a se- rious threat to our constitutional tradition” (p. 4). Ackerman urges us to confront this “potential for catastrophic decline — and act before it is too late” (p. 11). Concerns of this kind are not new. Indeed, in some respects De- cline and Fall reads as a sequel to Professor Arthur Schlesinger’s 1973 classic, The Imperial Presidency.1 Ackerman writes consciously in that tradition, but with a sense of renewed urgency driven by a convic- tion that “the presidency has become far more dangerous today” than in Schlesinger’s time (p. 188). The sources and mechanisms of that purported danger are numerous; Decline and Fall sweeps across jour- nalism, national opinion polls, the Electoral College, civilian-military relations, presidential control of the bureaucracy, and executive branch lawyering to contend that “the foundations of our own republic are eroding before our very eyes” (p. 188). ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ∗ Professor of Law, Columbia University. For helpful comments on earlier drafts, I thank Akhil Amar, David Barron, Ariela Dubler, Jack Goldsmith, Marty Lederman, Peter Margulies, Gillian Metzger, Henry Monaghan, Rick Pildes, Jeff Powell, John Witt, and participants in faculty workshops at Vanderbilt University and the University of Washington. -
The Wealth of Networks: How Social Production Transforms Markets and Freedom
Harvard Journal of Law & Technology Volume 20, Number 1 Fall 2006 THE WEALTH OF NETWORKS: HOW SOCIAL PRODUCTION TRANSFORMS MARKETS AND FREEDOM BY YOCHAI BENKLER NEW HAVEN, CT: YALE UNIVERSITY PRESS, 2006 PP. 515. $40.00 (HARDCOVER). ISBN: 0-300-11056-1 Megan Ristau Baca* TABLE OF CONTENTS I. INTRODUCTION..............................................................................271 II. THE EMERGING NETWORKED INFORMATION ECONOMY .............272 A. What Is the Networked Information Economy?........................272 1. Diversity of Production Incentives........................................273 2. Technological Shifts..............................................................275 B. Commons-Based Production and Peer Production .................276 C. Responses.................................................................................278 III. THE EFFECT ON THE POLITICAL ECONOMY ................................279 A. Individual Freedom..................................................................280 B. Political Freedom.....................................................................281 1. Criticisms of the Mass Media................................................281 2. The Internet as a Counterforce to Mass Media......................282 3. Can the Internet Really Democratize?...................................283 C. Cultural Freedom.....................................................................284 D. Justice and Development .........................................................284 IV. CONCLUSION ..............................................................................285