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Daily Archives: October 28, 2021

Under the Umbrella: Promoting Public Access to the Law

Jones, D. R., Under the Umbrella: Promoting Public Access to the Law (October 16, 2021). Journal of Intellectual Property Law, Vol. 29, No. 1, 2021, Forthcoming, Available at SSRN:

“People need to know the law and have access to the law. Allowing copyright claims in “the law” can lead to severe restrictions on public knowledge and access. This article reviews court decisions spanning three centuries that have upheld the people’s needs over the proprietary rights of copyright holders. The review includes a discussion and analysis of three recent decisions that are under the umbrella of the principle that members of the public need unfettered access to the law. The Supreme Court in Georgia v. Public.Resource.Org. reaffirmed and further refined the government edicts doctrine which holds that government edicts are not copyrightable. While this decision was important for ensuring access to the law, it did not address all circumstances. The decision in International Code Council v. UpCodes considered the status of model codes adopted into law. It was the first decision to consider the application of the holding in Georgia v. Public.Resource.Org. to privately created works adopted into law. Meanwhile, the decision in American Society for Testing and Materials v. Public.Resource.Org. addressed how fair use could apply to privately drafted standards that have been incorporated into law. In addition to exploring and assessing these recent decisions, this article undertakes a deeper review of historical decisions that supported access to the law by overriding copyright claims. Included is a review of documents that reveal an additional player and facts in the Banks v. Manchester litigation. The article also discusses open issues and concerns regarding whether “the law” can be copyrighted. The article asserts that supporting unfettered access to the law and the public benefits that flow therefrom should outweigh copyright concerns.”

Merriam Webster Adds 455 new words from ‘dad bod’ to ‘deplatform’

Among the 455 new words and definitions: “Oobleck, air fryer, whataboutism, FTW, and fourth trimester. Just as the language never stops evolving, the dictionary never stops expanding. New terms and new uses for existing terms are the constant in a living language, and our latest list brings together both new and likely familiar words that… Continue Reading

The Research and Writing Template

Kitenge, Erick and Trautman, Lawrence J., The Research and Writing Template (August 26, 2021). Available at SSRN: or “While every business school discipline (accounting, business law, communication, economics, entrepreneurship, finance, management, marketing, organizational behavior, and strategy) each possess scholarly trends and momentary fashion, scholarly research and writing has developed over the years in… Continue Reading

Americans Don’t Trust Their Congressional Maps To Be Drawn Fairly. Can Anything Change That?

FiveThirtyEight: “The United States is in the middle of a once-in-a-decade process: redistricting. And although it’s early yet — 19 states aren’t expected to finalize their maps until next year — a number of states have proposed maps, and there are debates happening all across the country over which ones to pass. Six states have… Continue Reading

Antitrust Needs to Be Simple

The Atlantic: “When violations of the law are hard to punish, authorities will usually give them a pass. Americans have gotten far too used to the idea that corporate behemoths are free to acquire any company they want, engage in predatory behavior, and bully, squeeze out, or demand kickbacks from smaller rivals. Indeed, the U.S.… Continue Reading

U.S. Climate Change Policy

CRS Report – U.S. Climate Change Policy. October 28, 2021: “The greenhouse gases (GHGs) in the atmosphere trap radiant energy, warming earth’s surface and oceans. Scientific assessments conclude that GHGs very likely have been the main driver of warming of the earth’s lower atmosphere since 1979. The most recent global assessment projected that surface temperature… Continue Reading