I have written about the way in which the efforts of the last decade to financially exploit the dissemination of knowledge has produced an increasingly class based system of knowledge dissemination in which the rich or well funded have access to knowledge denied to poorer individuals and institutions. (E.g.,Open Access at Penn State: Scholarsphere (Dec., 14, 2012); Between Scholar and University--Sharing Knowledge, Protecting Revenue and Control--Is the UCSF Approach Worth Considering (May 28, 2012); Opening Access: Course Proposals Archive at Penn State (June 1, 2012); Digital Humanities From the CIC (Oct. 6, 2012).
(Image from Digitial Commons Network)
As a result, academics and academic institutions in developed states, and the wealthy elites in developing states have access to knowledge production denied to poorer individuals and institutions. Publishers (but generally not the producers of knowledge) profit from this new market regime, and the perpetuation of systems of academic prestige based on publication through these knowledge exploiting and restricting enterprises compounds and deepens the effect, while hiding its financial objectives.Efforts by some publishers to permit the free circulation of older work is to be lauded as a nod in the right direction, but the pricing structures of new knowledge and the unwillingness, especially of certain market dominant publishers to contribute remains troubling.
It is in this environment that efforts like those of the Digitial Commons Network ought to be hailed and supported. From their website: "The Digital Commons Network brings together free, full-text scholarly
articles from hundreds of universities and colleges worldwide.
Curated by university librarians and their supporting institutions, the
Network includes a growing collection of peer-reviewed journal articles,
book chapters, dissertations, working papers, conference proceedings, and
other original scholarly work."
This post includes the latest efforts of that Network to spread knowledge freely. Additions are made frequently HERE. Visit often.
Digital Commons Network™:
Disciplines
Administrative Law
-
Sovereignty Mismatch and the New Administrative Law
David Zaring The Wharton School -
Something to Talk About: Regulation and Justification in Canadian Municipal Law
Hoi Kong -
The Unfortunate Triumph of Form over Substance in Canadian Administrative Law
Paul Daly -
Table of Contents
-
Introduction
Jacqueline McMurtrie -
Gideon at Fifty -- Golden Anniversary or Mid Life Crisis
Kim Taylor-Thompson -
Fifty Years After Gideon: It is Long Past Time to Provide Lawyers for Misdemeanor Defendants Who Cannot Afford to Hire Their Own
Robert C. Boruchowitz -
GIDEON: LOOKING BACKWARD, LOOKING FORWARD, LOOKING IN THE MIRROR
Steven Zeidman -
Legal Financial Obligations: Fulfilling the Promise of Gideon by Reducing the Burden
Travis Stearns -
Does the Right to Counsel on Appeal End as You Exit the Court of Appeals?
Nancy P. Collins -
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule on Standards and Its Implications
Justice Sheryl Gordon McCloud, Justice Susan Owens, Marc Boman, Joanne Moore -
G Forces: Gideon v. Wainwright and Matthew Adler's Move Beyond Cost-Benefit Analysis
Janet Moore -
Improving Access to Justice: Plain Language Family Law Court Forms in Washington State
Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen -
Dark
Medicine: How the National Research Act Has Failed to Address Racist
Practices in Biomedical Experiments Targeting the African-American
Community
Anietie Maureen-Ann Akpan -
Driving While License Suspended - Third Degree, A Framework for Requesting Alternative Sentences
Sahar Fathi -
Congress' Encroachment on the President's Power in Indian Law and its Effect on Executive-Order Reservations
Mark R. Carter JD, PhD -
Do We Have It Right This Time? An Analysis of the Accomplishments and Shortcomings of Washington's Indian Child Welfare Act
Karen Gray Young -
Securing Food Justice, Sovereignty & Sustainability in the Face of the Food Safety Modernization Act (FSMA)
Eve Kerber -
About the Authors
Antitrust and Trade Regulation
-
Introduction
Susan Beth Farmer Prof. of Law, Pennsylvania State University, Dickinson School of Law -
The Organized Bar and Antitrust: Change, Continuity, and Influence
Stephen Calkins Prof. of Law, Wayne State University Law School. -
How Doctors became Distributors: A Fabled Story of Vertical Relations
Peter J. Hammer Assist. Prof., University of Michigan Law School -
Law School Accreditation: The Applicability of State Action and Noerr Exemptions, and First Amendment Principles
Marina Lao Prof. of Law, Seton Hal University School of Law -
A Perfect Storm on the Sea of Doubt: Physicians, Professionalism and Antitrust
Thomas L. Greaney Prof. of Law & Co-Director, Center for Health Law Studies, Saint Louis University School of Law -
Who Determines the Optimal Trade-off between Quality and Price?
Barbara Ann White Assoc. Prof. of Law, University of Baltimore. -
Introduction
Jeffrey M. Cross Partner, Freeborn & Peters, Chicago, IL -
Parallel Antitrust Investigations: The Long Arm of the DOJ from the Perspective of an E.U. Defense Counsel
Roderick Lambert Partner, Antitrust Litigation, Eversheds -
The United States as Antitrust Courtroom to the World: Jurisdiction and Standing Issues in Transnational Litigation
Spencer Weber Waller Prof. & Director, Inst. For Consumer Antitrust Studies, Loyola University Chicago School of Law -
Jurisdiction and Standing in the International Arena
William C. Holmes Senior Counsel, Freeborn & Peters, Chicago, IL -
Damages in Private Antitrust Actions in Europe
Jonathan Sinclair Head of Litigation, Eversheds Leeds & Manchester -
Calculation of Damages in Transnational Antitrust Cases
Jeffrey Dorman Partner, Freeborn & Peters, Chicago, IL -
From Hollywood to Hong Kong - Criminal Antitrust Enforcement is Coming to a City Near You
Scott D. Hammond Dir. Of Criminal Enforcement, Antitrust Div. U.S. Dept. of Justice -
A Report on Canada's Conspiracy Law
Albert C. Gourley Partner, Macleod Dixon, LLP Toronto Canada -
A Review
of the Treatment of the <i>Per Se</i> Rule by the U.S.
Supreme Court Over the Last Twenty-Five Years: A Response to Albert
Gourley's Proposal to Add a <i>Per Se</i> Rule to Canada's
Competition Law
Jeffrey M. Cross Partner, Freeborn & Peters, Chicago, IL -
Antitrust Beyond Borders: Some Concluding thoughts on the Globalization of Antitrust
David C. Gustman Chairman, Freeborn & Peters, Chicago, IL
Constitutional Law
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How NFIB v. Sebelius Affects the
Constitutional Gestalt
Lawrence B. Solum Georgetown University Law Center. -
The
Proper Meaning of “Proper”:
Why the Regulation of
Intrastate,
Non-Commercial
Species Under the Endangered
Species Act Is an Invalid
Exercise
of the Commerce Clause
Kevin Simpson Washington University School of Law -
Paroline,
Restitution, and Transferred Scienter: Child Pornography Possessors and
Restitution Based on a Commerce-Clause Derived, Aggregate Proximate
Cause Theory
Adam Lamparello Indiana Tech Law School, Charles MacLean Indiana Tech Law School -
The Legitimacy of the Juridical: Constituent Power, Democracy, and the Limits of Constitutional Reform
Joel Colon-Rios -
Paroline,
Restitution, and Transferred Scienter: Child Pornography Possessors and
Restitution Based on a Commerce-Clause Derived, Aggregate Proximate
Cause Theory.
Adam Lamparello Indiana Tech Law School, Charles MacLean Indiana Tech Law School -
Are National Class Actions Constitutional: A Reply to Hogg and McKee
Janet Walker Osgoode Hall Law School of York University -
Table Annexed to Article: America’s Post-War of 1812 Publication Projects
Peter J. Aschenbrenner Purdue University -
The Supreme Court as Prometheus: Breathing Life into the Corporate Supercitizen
Robert Sprague University of Wyoming, Mary Ellen Wells Alvernia University -
Memorandum Fourth Amendment Warrantless Search Consent Exception & Request for New Trial
Rosi Lehr Stetson University College of Law -
The German Abortion Decisions and the Protective Function in German and Canadian Constitutional Law
Vanessa MacDonnell, Jula Hughes -
Factual Precedents
Allison Orr Larsen William & Mary Law School -
The Charter at Thirty
Michael Ignatieff -
Patterning Rights Constitutionalism: Thirty Years with the Charter
Benjamin L. Berger Osgoode Hall Law School of York University, Jamie Cameron Osgoode Hall Law School of York University -
The Charter's Influence around the World
Mark Tushnet -
Inclusion, Voice, and Process-Based Constitutionalism
Colleen Sheppard -
Rights
Adjudication in a Plurinational State: The Supreme Court of Canada,
Freedom of Religion, and the Politics of Reasonable Accommodation
Sujit Choudhry -
Rights in the Age of Identity Politics
Avigail Eisenberg -
The Supreme Court of Canada and Constitutional (Equality) Baselines
Rosalind Dixon -
Social Justice and the Charter: Comparison and Choice
Margot Young -
Aboriginal and Treaty Rights and Violence against Women
John Borrows -
The New Borders of the Constitutional
Gavin W. Anderson -
Undoing Historical Wrongs: Law and Indigeneity in India
Pooja Parmar -
Getting Individuals Committed to the MT State Hospital Out of County Jails
Anna Conley ACLU of Montana -
Finding the Constitution: An Economic Analysis of Tradition's Role in Constitutional Interpretation
Adam C. Pritchard University of Michigan Law School, Todd J. Zywicki George Mason University School of Law -
Constitutions and Spontaneous Orders: A Response to Professor McGinnis
Adam C. Pritchard University of Michigan Law School, Todd J. Zywicki George Mason University School of Law -
Social Movements as Constituent Power: The Italian Struggle for the Commons
Ugo Mattei University of California Hastings College of the Law, Saki Bailey International University College of Turin -
Demonstrators' Right to Fair Warning
Caleb Hayes-Deats -
Public Choice Theory and Overcriminalization
Paul J. Larkin Jr. The Heritage Foundation -
A Mistake of Law Defense as a Remedy for Overcriminalization
Paul J. Larkin Jr. The Heritage Foundation -
The Meaning of Blacks' Fidelity to the Constitution
Dorothy Roberts The University of Pennsylvania Law School
Consumer Protection Law
-
Innovative Class Action Techniques - The Use of Rule 23(b)(2) in Consumer Class Actions
Thomas R. Grande Partner, Davis Levin Livingston Grande, Honolulu, HI -
Who Bears
the Burden of Proof Under the Fair Credit Reporting Act, 15 U.S.C.
s1681e(b) - Consumers May Bear the Biggest Burden in This Climate of
Heightened National Security
Jennifer Cuculich -
Hanging up on the First Amendment: An Analysis of Contemporary Telemarketing Regulations
Brook Dambacher -
The Trigen Case: Does This Mean Lights Out for Energy Deregulation?
Kate O'Loughlin -
The Business of Baseball: The Antitrust Exemption
Sophie Jacobi -
Refund Anticipation Loans: Less Money for Consumers Entitled to Refunds, More Profit for H & (and) R Block
Kathryn Smetana
Education Law
-
Affirmative
Action and Academic Freedom: Why the Supreme Court Should Continue
Deferring to Faculty Judgments About the Value of Educational Diversity
Steve Sanders Indiana University Maurer School of Law -
Teaching the Republican Child: Three Antebellum Stories about Law, Schooling, and the Construction of American Families
Michael Grossberg Indiana University -Bloomington -
Foreword: Special Issue Dedicated to Legal Issues in Higher Education
Joy Blanchard Florida International University -
Allocating Higher-Education Stimulus Funds in New Jersey: A Multiple-Streams Case Study
Michael W. Klein New York University -
Recent Legal Trends Support Requiring Colleges and Universities to Permit Emotional Support Animals in Student Housing
Neal H. Hutchens Pennsylvania State University -
Keepers of the Night: The Dangerously Important Role of Resident Assistants on College and University Campuses
Christie M. Letarte -
Institutional Response to the Changing Legal Environment Regarding Student Safety: A Multi-Campus Case Study
Joy Blanchard
Environmental Law
-
Environmental Damages after the Federal Environmental Enforcement Act: Bringing Ecosystem Services to Canadian Environmental Law
Martin Z. P. Olsynski
Health Law
-
Letter from the Editors
Alex Burke American University Washington College of Law, Adam S. Frankel American University Washington College of Law, Jocelyn Moore American University Washington College of Law -
Interview with Professor Lindsay Wiley, New WCL Health Law Professor
Health Law & Policy Brief -
Health Care Reform: The Unending Soap Opera of 2009-2010
Corrine Parver, Biswajit Chatterjee -
The Other Green Movement: How D.C. Can Sensibly Regulate Medical Marijuana & Why It Matters
Jacob; Rahavi, Robert Ziff -
Reexamining
Models on Disability and Applying Rationality, Morality, and Ethics to
Support Disability Rights in Context of Genetics
Gary C. C. Norman American University Washington College of Law -
Regulating
Secondhand Tobacco Smoke in the Americas: A Comparison of the Top Down
and Bottom up Approaches in Brazil and the United States
Leigh Warren American University Washington College of Law -
Money, Meet Mouth: The Era of Regulation and Prescription Drug Importation/Reimportation
Aaron James Wong American University Washington College of Law -
AT&T
v. Hulteen: The Ghost of the Supreme Court on Pregnancy Discrimination
and Pay Equality for Women's Pension Benefits in America
Walakewan Blegay American University Washington College of Law -
Salient Issues Affected by the 2010 Health Reform Law
Ernest Johnson American University Washington College of Law, Kristin Barry American University Washington College of Law, Natassia Rozario American University Washington College of Law
Human Rights Law
-
Hagar on My Mind
Azizah Y. Al-Hibri University of Richmond
International Law
-
William Howard Taft and the Taft Arbitration Treaties
John E. Noyes California Western School of Law -
The Common Heritage of Mankind: Past, Present, and Future
John E. Noyes California Western School of Law -
Continued
Oversight of U.S. Government Surveillance Authorities : Hearing Before
the S. Committee on the Judiciary, 113th Cong., December 11, 2013
(Statement by Professor Carrie F. Cordero, Geo. U. L. Center)
Carrie F. Cordero Georgetown University Law Center -
Justice Roger Traynor Professorship Acceptance
John E. Noyes California Western School of Law -
Louis B. Sohn and the Law of the Sea
John E. Noyes California Western School of Law -
The
Evolution of the Digital Millennium Copyright Act; Changing
Interpretations of the DMCA and Future Implications for Copyright
Holders
Hillary A. Henderson Texas State University -
SPORTING BOYCOTTS: LEGAL INTERVENTION IN THE SPORTING ARENA
Bandini Vijay Chhichhia Miss Loyola University of Chicago -
A Decade of Progress: Promising Models for Children Found in the Turkish Juvenile Justice System
Brenda A. McKinney Loyola University Chicago School of Law, Lauren Salins Loyola University Chicago -
Trick or Treaty? The Australian Debate over the Anti-Counterfeiting Trade Agreement (ACTA)
Matthew Rimmer Australian National University College of Law -
Not a Bedtime Story: Climate Change, Neoliberalism and the Future of the Arctic
Avi Brisman -
The
Adequacy of the Law of the Sea and International Environmental Law to
the Marine Arctic: Integrated Ocean Management and Shipping
Ingvild Ulrikke Jakobsen -
Legal Questions Regarding Mineral Exploration and Exploitation in Indigenous Areas
Susann Funderud Skogvang -
Labor Rights and Free Trade; Social Development Parallel to Economic Development
Hassan Razavi McGill University
Jurisprudence
-
In the Park: A Jurisprudential Primer
Allan C. Hutchinson Osgoode Hall Law School of York University -
Are Jurisprudential Debates Conceptual: Some Lessons from Democratic Theory
Dan Priel Osgoode Hall Law School of York University -
Book Review:
"Supremely Simple" (reviewing Professor Eric J. Segall's "Supreme Myths:
Why the Supreme Court Is Not a Court and Its Justices Are Not Judges")
Calvin J. TerBeek T. Wade Welch & Associates
Labor and Employment Law
-
Assessing the Regulation of Temporary Foreign Workers in Canada
Sarah Marsden -
Invasion of the Social Networks: Blurring the Line Between Personal Life and the Employment Relationship
Robert Sprague University of Wyoming -
Voices at Work in North America: Introduction
Sara Slinn Osgoode Hall Law School of York University, Eric Tucker Osgoode Hall Law School of York University -
The Limits of Voice: Are Workers Afraid to Express Their Health and Safety Rights?
Wayne Lewchuk -
Solving the Problem from Hell: Tripartism as a Strategy for Addressing Labour Standards Non-Compliance in the United States
Janice Fine -
“Rights without Remedies”: Enforcing Employment Standards in Ontario by Maximizing Voice among Workers in Precarious Jobs
Leah F. Vosko -
Attacks on Public-Sector Bargaining as Attacks on Employee Voice: A (Partial) Defence of the Wagner Act Model
Joseph Slater -
Collective Representation and Employee Voice in the US Public Sector Workplace: Looking North for Solutions?
Martin Malin -
Employee Self-Representation and the Law in the United States
Matthew W. Finkin -
Workplace Voice and Civic Engagement: What Theory and Data Tell Us About Unions and Their Relationship to the Democratic Process
Alex Bryson, Rafael Gomez, Tobias Kretschmer, Paul Willman -
A Model of Responsive Workplace Law
David J. Doorey
Law and Economics
-
Mandatory Rules and Default Rules in Insurance Contracts
Tom Baker University of Pennsylvania, Kyle D. Logue University of Michigan - Ann Arbor -
Ownership and Obligations: The Human Flourishing Theory of Property
Gregory S. Alexander Cornell Law School
Law and Society
-
Imperial Agendas, Global Solidarities, and Third World Socio-Legal Studies: Methodoological Reflections
Radha D'Souza -
The Social and Moral Cost of Mass Incarceration in African American Communities
Dorothy Roberts The University of Pennsylvania Law School -
Child Welfare and Civil Rights
Dorothy Roberts The University of Pennsylvania Law School -
What's in the Third and Final Volume of the New Restatement of Property that Estate Planners Should Know About
Lawrence W. Waggoner University of Michigan Law School -
Creating and Solving the Problem of Drug Use during Pregnancy
Dorothy Roberts The University of Pennsylvania Law School -
Foreword: Race, Vagueness, and the Social Meaning of Order-Maintenance Policing
Dorothy Roberts The University of Pennsylvania Law School -
Debate: The Constitutionality of Stop-and-Frisk in New York City
David Rudovsky University of Pennsylvania, Lawrence Rosenthal Chapman University -
The Challenge of Substance Abuse for Family Preservation Policy
Dorothy Roberts The University of Pennsylvania Law School -
Poverty, Race, and New Directions in Child Welfare Policy
Dorothy Roberts The University of Pennsylvania Law School -
Foreword: The Meaning of Gender Equality in Criminal Law
Dorothy Roberts The University of Pennsylvania Law School -
Racism and Patriarchy in the Meaning of Motherhood
Dorothy Roberts The University of Pennsylvania Law School
Social Welfare Law
-
Decision and appeals in Irish social welfare law: recent case law
Mel Cousins Trinity College Dublin -
Civis europeus sum? Social assistance and the right to reside in EU law.
Mel Cousins Trinity College Dublin -
Improving effective advocacy by defense counsel of defendants with mental illness in district court criminal cases
Paul R. Gormley Northeastern University -
Welfare Reform and Economic Freedom: Low-Income Mothers' Decisions about Work at Home and in the Market
Dorothy Roberts The University of Pennsylvania Law School -
Do Different Types of Hospitals Act Differently?
Jill R. Horwitz University of Michigan Law School -
Wefare Reform and Families in the Child Welfare System
Morgan B. Ward Doran, Dorothy Roberts The University of Pennsylvania Law School
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