Legal Analytics, Social Science, and Legal Fees: Reimagining Legal Spend Decisions in an Evolving Industry

This article discusses how legal analytics can help law firms and clients understand, monitor, and improve the components that comprise bills for legal fees and expenses

Supreme Court Opinion Authorship Attribution on a Case-by-Case Basis

This thesis analyzes the authorship of Supreme Court opinions and the theory that Justices on that Court might be delegating portions, if not the majority, of opinion authorship to their clerks. I test the theories that as Justices age they are more likely to delegate, and that delegation has increased across all justices over the past several decades of the Court’s history. I employ a content analysis method known as stylometry to assign authorship attributions on a case by case basis and use those attributions to inform larger trends regarding authorship. I ultimately find that there is little evidence to support the age or time-period theories but that there is significant variation across Justices in attribution, indicating that clerks are likely playing a large and measurable role in opinion drafting

Creating Around Copyright

It is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Those who view the promotion of creativity as copyright’s mission usually consider this constraint to be a necessary evil at best and an unnecessary one at worst. This conventional wisdom rests on the seemingly intuitive premise that more creative choice will deliver more creativity. Yet that premise is belied by both the history of the arts and contemporary psychological research on the creative process. In fact, creativity flourishes best not under complete freedom, but rather under a moderate amount of restriction. Drawing from work in cognitive psychology, management studies, and art history, this Article argues that contemporary copyright discourse has overlooked constraint’s generative upside. The Article unpacks the concept of constraint into seven characteristics: source, target, scope, clarity, timing, severity, and polarity. These characteristics function as levers that determine a given constraint’s generative potential. Variation in that potential provides an underappreciated theoretical justification for areas in which copyright law is restrictive, such as the exclusive derivative work right, as well as areas where it is permissive, such as the independent creation and fair use defenses. The Article reveals that the incentives versus access debate that has long dominated copyright theory has misunderstood the relationship between creativity and constraint. Information may want to be free, but creativity does not

A Generation of Software Patents

This report examines changes in the patenting behavior of the software industry since the 1990s. It finds that most software firms still do not patent, most software patents are obtained by a few large firms in the software industry or in other industries, and the risk of litigation from software patents continues to increase dramatically. Given these findings, it is hard to conclude that software patents have provided a net social benefit in the software industry

The changing tide: Federal support of civilian-sector R and D

The involvement of the Federal government in civilian sector research and development is discussed. Relevant policies are put in an historical perspective. The roles played by industrial research and public funding are reveiwed. Government support of basic an generic research, clientele-oriented applied research, and research with commercial ends is studied. Procurement, anti-trust, and patent policies, all of which affect the climate for private research and development, are examined

Traditional Knowledge Rights and Wrongs

Article published in the Va. J.Law & Tech.

Rethinking Innovation at FDA

In several controversial drug approval decisions in recent years, the Food & Drug Administration (FDA) has publicly justified its decision partly on the ground that approving the drugs in question would support innovation in those fields going forward. To some observers, these arguments were surprising, as the agency’s determination whether a drug is “safe” and “effective” does not seem to depend on whether its approval also supports innovation. But FDA’s use of these innovation arguments in drug approval decisions is just one example of the ways in which the agency has come to make many innovation-related judgments as part of its regulation of drugs. In this Article, we investigate the broad set of innovation-related judgments that FDA has been making and argue that there are serious concerns with the major innovation role FDA has been playing, at least as the agency is currently constituted. We conclude that FDA should not separately weigh innovation in decisions about a product’s safety and effectiveness. In other areas, health policymakers could reasonably decide that FDA should have either a larger or a smaller role than it currently does in shaping the development of novel drugs. But agency officials should do so thoughtfully considering both the opportunities and challenges of FDA actively considering innovation incentives in its decisions; those challenges have been rarely considered in the literature and policy discourse. Further, we argue that whether policymakers aim to bolster or limit the ways that FDA considers innovation in its regulatory decisions, changes are needed to the agency’s structure to support its ability to make reasoned judgments, based on relevant expertise

Traditional Knowledge Rights and Wrongs

Article published in the Va. J.Law & Tech.

Faculty Publications and Creative Works 1998

One of the ways in which we recognize our faculty at the University of New Mexico is through Faculty Publications & Creative Works. An annual publication, it highlights our faculty\u27s scholarly and creative activities and achievements and serves as a compendium of UNM faculty efforts during the 1998 calendar year. Faculty Publications & Creative Works strives to illustrate the depth and breadth of research activities performed throughout our University\u27s laboratories, studios and classrooms. We believe that the communication of individual research is a significant method of sharing concepts and thoughts and ultimately inspiring the birth of new ideas. In support of this, UNM faculty during 1998 produced over 2,457 works, including 1,990 scholarly papers and articles, 69 books, 98 book chapters, 119 reviews, 165 creative works and 16 patents. We are proud of the accomplishments of our faculty which are in part reflected in this book, which illustrates the diversity of intellectual pursuits in support of research and education at the University of New Mexico. Nasir Ahmed, Ph.D. Interim Associate Provost for Research and Dean of Graduate Studie