American Legal Manuscripts from the Harvard Law School Library. The Felix Frankfurter Papers. Part I: Supreme Court of the United States Case Files of Opinions and Memoranda, October Terms, 1938-1952. Part II: Supreme Court of the United States Case Files of Opinions and Memoranda, October Terms, 1953-1961. Part III: Correspondence and Related Material

1989 ◽  
Vol 75 (4) ◽  
pp. 1384
Author(s):  
Ennis J. Hutchinson
Author(s):  
Heiko Richter

AbstractCopyright protection of government-related material lies at the intersection of private incentives, public interest, and political motivation. These interests naturally clash. Therefore, the justification and scope of copyright protection for such materials has been the subject of intense controversy ever since. Recently, the Supreme Court of the United States and the Supreme Court of Canada handed down landmark decisions on the application of the respective century-old doctrines and provisions. Moreover, courts in the U.S. and Canada have lately addressed the protectability of privately created, government-adopted industry standards. This article takes these decisions as an occasion to reflect on the copyright protection of government-related material against the background of rapid technological advancement and substantial ongoing societal and political change. Taking into account the regulatory experiences in the EU, this article questions the prevalent assumptions of trustworthy state action and undistorted functioning of markets, which considerably underlie the design of current government copyright regimes around the globe. In this light, the article aims to provide avenues for future legislative reforms that address the copyright of government-related materials. It suggests a more focused, nuanced, and holistic regulatory approach for strengthening and maintaining open, democratic societies.


2003 ◽  
Vol 31 (2) ◽  
pp. 325-329
Author(s):  
Silke Sahl

The IALL Board was delighted that Harvard Law School Library offered to host this additional day. The largest private academic law library in the United States, the institution was sure to attract many IALL members. I was especially pleased, since I had begun my career there seven years earlier. I knew well that the staff would provide an excellent Conference, and looked forward to be working with my former colleagues again.


1938 ◽  
Vol 32 (3) ◽  
pp. 443-477 ◽  
Author(s):  
Alpheus Thomas Mason

The Supreme Court of the United States was dominated for almost two decades by the philosophy of Mr. Justice Sutherland. Even prior to becoming an Associate Justice, October 2, 1922, he had been a figure of national prominence for over twenty years, serving one term as congressman, 1898–1900, and two terms as senator, 1905–1917. His retirement, January 16 of this year, closes the more active phases of a long career in public service. Throughout he has shown himself a man of firm convictions and pronounced views, whether expressed on the floors of Congress, in public addresses, or in Supreme Court opinions. Yet little, almost nothing, has been published on his life, thought, and work, as was contemporaneously done with respect to Justices Holmes and Brandeis.This neglect of judicial biography has been noticed by Dean Charles E. Clarke of the Yale Law School. Writing in the Nation of June 12, 1937, he observed: “Many of the books which needed to be written on judicial supremacy have now been completed.


1988 ◽  
Vol 43 (12) ◽  
pp. 1019-1028 ◽  
Author(s):  
Donald N. Bersoff ◽  
Laurel P. Malson ◽  
Donald B. Verrilli

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.


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