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How to Fix Copyright
William Patry - 2011
We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.
The Law
Frédéric Bastiat - 1849
More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. The essay might have been written today. It applies in ever way to our own time, which is precisely why so many people credit this one essay for showing them the light of liberty. Bastiat's essay here is timeless because applies whenever and wherever the state assumes unto itself different rules and different laws from that by which it expects other people to live. And so we have this legendary essay, written in a white heat against the leaders of 19th century France, the reading of which has shocked millions out of their toleration of despotism. This new edition from the Mises Institute revives a glorious translation that has been out of print for a hundred years, one that circulated in Britain in the generation that followed Bastiat's death. This newly available translation provides new insight into Bastiat's argument. It is a more sophisticated, more substantial, and more precise rendering than any in print. The question that Bastiat deals with: how to tell when a law is unjust or when the law maker has become a source of law breaking? When the law becomes a means of plunder it has lost its character of genuine law. When the law enforcer is permitted to do with others' lives and property what would be illegal if the citizens did them, the law becomes perverted. Bastiat doesn't avoid the difficult issues, such as why should we think that a democratic mandate can convert injustice to justice. He deals directly with the issue of the expanse of legislation: It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our sentiments, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have the domain of force, which is justice. More from Bastiat's The Law: Socialism, like the old policy from which it emanates, confounds Government and society. And so, every time we object to a thing being done by Government, it concludes that we object to its being done at all. We disapprove of education by the State - then we are against education altogether. We object to a State religion - then we would have no religion at all. We object to an equality which is brought about by the State then we are against equality, etc., etc. They might as well accuse us of wishing men not to eat, because we object to the cultivation of corn by the State. How is it that the strange idea of making the law produce what it does not contain - prosperity, in a positive sense, wealth, science, religion - should ever have gained ground in the political world? The modern politicians, particularly those of the Socialist school, found their different theories upon one common hypothesis; and surely a more strange, a more presumptuous notion, could never have entered a human brain. They divide mankind into two parts. Men in general, except one, form the first; the politician himself forms the second, which is by far the most important. Whether you buy one or one hundred, you can look forward to one of the most penetrating and powerful essays written in the history of political economy.
Supreme Whispers: Conversations with Judges of the Supreme Court of India 1980-89
Abhinav Chandrachud - 2018
Based on 114 intriguing interviews with nineteen former chief justices of India and more than sixty-six former judges of the Supreme Court of India, Abhinav Chandrachud opens a window to the life and times of the former judges of India's highest court of law and in the process offers a history that largely remained in oblivion for a long time.
Break 'em Up: Recovering Our Freedom from Big Ag, Big Tech, and Big Money
Zephyr Teachout - 2020
This book is a blueprint for that organizing. In these pages, you will learn how monopolies and oligopolies have taken over almost every aspect of American life, and you will also learn about what can be done to stop that trend before it is too late." —From the foreword by Bernie Sanders.A passionate attack on the monopolies that are throttling American democracy.Every facet of American life is being overtaken by big platform monopolists like Facebook, Google, and Bayer (which has merged with the former agricultural giant Monsanto), resulting in a greater concentration of wealth and power than we've seen since the Gilded Age. They are evolving into political entities that often have more influence than the actual government, bending state and federal legislatures to their will and even creating arbitration courts that circumvent the US justice system. How can we recover our freedom from these giants? Anti-corruption scholar and activist Zephyr Teachout has the answer: Break 'Em Up.This book is a clarion call for liberals and leftists looking to find a common cause. Teachout makes a compelling case that monopolies are the root cause of many of the issues that today's progressives care about; they drive economic inequality, harm the planet, limit the political power of average citizens, and historically-disenfranchised groups bear the brunt of their shameful and irresponsible business practices. In order to build a better future, we must eradicate monopolies from the private sector and create new safeguards that prevent new ones from seizing power.Through her expert analysis of monopolies in several sectors and their impact on courts, journalism, inequality, and politics, Teachout offers a concrete path toward thwarting these enemies of working Americans and reclaiming our democracy before it’s too late.
A Colony in a Nation
Christopher L. Hayes - 2017
With the clarity and originality that distinguished his prescient bestseller, Twilight of the Elites, Chris Hayes upends our national conversation on policing and democracy in a book of wide-ranging historical, social, and political analysis.Hayes contends our country has fractured in two: the Colony and the Nation. In the Nation, we venerate the law. In the Colony, we obsess over order, fear trumps civil rights, and aggressive policing resembles occupation. A Colony in a Nation explains how a country founded on justice now looks like something uncomfortably close to a police state. How and why did Americans build a system where conditions in Ferguson and West Baltimore mirror those that sparked the American Revolution?A Colony in a Nation examines the surge in crime that began in the 1960s and peaked in the 1990s, and the unprecedented decline that followed. Drawing on close-hand reporting at flashpoints of racial conflict, as well as deeply personal experiences with policing, Hayes explores cultural touchstones, from the influential “broken windows” theory to the “squeegee men” of late-1980s Manhattan, to show how fear causes us to make dangerous and unfortunate choices, both in our society and at the personal level. With great empathy, he seeks to understand the challenges of policing communities haunted by the omnipresent threat of guns. Most important, he shows that a more democratic and sympathetic justice system already exists―in a place we least suspect.A Colony in a Nation is an essential book―searing and insightful―that will reframe our thinking about law and order in the years to come.
Matchmakers: The New Economics of Multisided Platforms
David S. Evans - 2016
Economists call matchmakers multisided platforms because they provide physical or virtual platforms for multiple groups to get together. Dating sites connect people with potential matches, for example, and ride-sharing apps do the same for drivers and riders. Although matchmakers have been around for millennia, they’re becoming more and more popular—and profitable—due to dramatic advances in technology, and a lot of companies that have managed to crack the code of this business model have become today’s power brokers.Don’t let the flashy successes fool you, though. Starting a matchmaker is one of the toughest business challenges, and almost everyone who tries to build one, fails.In Matchmakers, David Evans and Richard Schmalensee, two economists who were among the first to analyze multisided platforms and discover their principles, and who’ve consulted for some of the most successful platform businesses in the world, explain how matchmakers work best in practice, why they do what they do, and how entrepreneurs can improve their chances for success.Whether you’re an entrepreneur, an investor, a consumer, or an executive, your future will involve more and more multisided platforms, and Matchmakers—rich with stories from platform winners and losers—is the one book you’ll need in order to navigate this appealing but confusing world.
The Great Degeneration
Niall Ferguson - 2012
Symptoms of decline are all around us today, it seems: slowing growth, crushing debts, aging populations, anti-social behaviour. But what exactly is amiss with Western civilization? The answer, Niall Ferguson argues, is that our institutions - the intricate frameworks within which a society can flourish or fail - are degenerating. Representative government, the free market, the rule of law and civil society: these were once the four pillars of West European and North American societies. It was these institutions, rather than any geographical or climatic advantages, that set the West on the path to global dominance after around 1500. In our time, however, these institutions have deteriorated in disturbing ways. Our democracies have broken the contract between the generations by heaping IOUs on our children and grandchildren. Our markets are increasingly distorted by over-complex regulations that are in fact the disease of which they purport to be the cure. The rule of law has metamorphosed into the rule of lawyers. And civil society has degenerated into uncivil society, where we lazily expect all our problems to be solved by the state.The Great Degeneration is a powerful - and in places polemical - indictment of an era of negligence and complacency. While the Arab world struggles to adopt democracy, and while China struggles to move from economic liberalization to the rule of law, Europeans and Americans alike are frittering away the institutional inheritance of centuries. To arrest the degeneration of the West's once dominant civilization, Ferguson warns, will take heroic leadership and radical reform. This book is based on Niall Ferguson's 2012 BBC Reith Lectures, which were broadcast under the title 'The Rule of Law and Its Enemies'.
The Color of Law: A Forgotten History of How Our Government Segregated America
Richard Rothstein - 2017
Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation—the laws and policy decisions passed by local, state, and federal governments—that actually promoted the discriminatory patterns that continue to this day.Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north.As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods.The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.
The Crisis of the Middle-Class Constitution: Why Economic Inequality Threatens Our Republic
Ganesh Sitaraman - 2017
A New York Times Notable Book of 2017For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable--and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America's republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic?The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.
Microeconomics Made Simple: Basic Microeconomic Principles Explained in 100 Pages or Less
Austin Frakt - 2014
Macroeconomics1. Maximizing UtilityDecreasing Marginal Utility | Opportunity Costs2. Evaluating Production PossibilitiesProduction Possibilities Frontiers | Absolute and Comparative Advantage3. DemandDeterminants of Demand | Elasticity of Demand | Change in Demand vs. Change in Quantity Demanded4. SupplyDeterminants of Supply | Elasticity of Supply | Change in Supply vs. Change in Quantity Supplied5. Market EquilibriumHow Market Equilibrium is Reached | The Effect of Changes in Supply and Demand6. Government InterventionPrice Ceilings and Price Floors | Taxes and Subsidies7. Costs of ProductionMarginal Cost of Production | Fixed vs. Variable Costs | Short Run vs. Long Run | Sunk Costs | Economic Costs vs. Accounting Costs8. Perfect CompetitionFirms Are Price Takers | Making Decisions at the Margin | Consumer and Producer Surplus9. MonopolyMarket Power | Deadweight Loss with a Monopoly | Monopolies and Government10. OligopolyCollusion | Cheating the Cartel | Government Intervention in Oligopolies11. Monopolistic CompetitionCompeting via Product Differentiation | Loss of Surplus with Monopolistic CompetitionConclusion: The Insights and Limitations of Economics
Gas Wars: Crony Capitalism and the Ambanis
Paranjoy Guha Thakurta - 2014
While many reasons have been attributed to the split in the powerful Indian business family, the Ambanis, this book argues that the battle between the Ambani brothers was largely about wresting control over reserves of natural gas that are below the ocean bed along the basin of the two greatest rivers of southern India.With painstaking research, a meticulous perusal of press reports, as well as a few surprising exclusives, Gas Wars highlights cases of crony capitalism that allowed the Reliance group to blatantly exploit loopholes which were consciously retained in the system to benefit it. Even as the book tells the story of how the country’s largest corporate conglomerate has benefited from the way government policies are structured, it lays bare the alarming facts of a natural disaster waiting to happen due to the ruthless exploitation of the country's natural resources in order to swell the fortunes of a few.
It's Easy To Cry
Subhas Anandan - 2015
In the first volume of his autobiography The Best I Could (first published in 2008), Subhas Anandan covered many sensational cases, such as those of Anthony Ler, Took Leng How and Ah Long San, and espoused his views on the mandatory death sentence and police entrapment. In this second volume It’s Easy to Cry, this foremost champion of pro bono work moves away from depicting gruesome murders and delves instead into the emotions behind the crimes. He writes about cases where deep and complex emotions are displayed, like the mother who lied and pleaded guilty to save her son. He also shares his thoughts on the many people, including Singapore’s Chief Justices and Attorney-Generals, who have affected him in one way of the other. It is also a searing and honest account of his life, career and friendships — dictated to his wife in 2014 while undergoing kidney dialysis.
The Death of Common Sense: How Law Is Suffocating America
Philip K. Howard - 1995
Using blood-boiling examples of government regulations run amok, Howard reveals a society in which rules have replaced thinking--allowing law to infiltrate the nooks and crannies of everyday life.
Tangled Webs: How False Statements Are Undermining America: From Martha Stewart to Bernie Madoff
James B. Stewart - 2011
Stewart's newsbreaking investigation of our era's most high-profile perjurers, revealing the alarming extent of this national epidemic. Our system of justice rests on a simple proposition: that witnesses will raise their hands and tell the truth. In "Tangled Webs," James B. Stewart reveals in vivid detail the consequences of the perjury epidemic that has swept our country, undermining the very foundation of our courts. With many prosecutors, investigators, and participants speaking for the first time, "Tangled Webs" goes behind the scene of the trials of media and homemaking entrepreneur Martha Stewart; top White House political adviser Lewis "Scooter" Libby; home-run king Barry Bonds; and Wall Street money manager Bernard Madoff. The saga of Martha Stewart's conviction captured the nation, but until now no one has answered the most basic question: Why would Stewart risk prison, put her entire empire in jeopardy, and lie repeatedly to government investigators to save a few hundred thousand dollars in stock gains? Moreover, how exactly was the notoriously meticulous Stewart brought down? Drawing on the accounts of then-deputy attorney general James Comey and U.S. Attorney Patrick Fitzgerald, Stewart sheds new light on the Libby investigation, making clear how far into the White House the Valerie Plame CIA scandal extended, and why Libby took the fall. In San Francisco, Giants home-run king Barry Bonds faces trial due to his testimony before a grand jury investigating the use of illegal steroids in sports. Bonds was warned explicitly that the only crime he faced was perjury. Stewart unlocks the story behind the mounting evidence that he nonetheless lied under oath. Bernie Madoff's Ponzi scheme is infamous, but less well known is how he eluded detection for so long in the face of repeated investigations. Of the four he is the only one who has admitted to lying. The perjury outbreak is symptomatic of a broader breakdown of ethics in American life. It isn't just the judicial system that relies on an honor code: Academia, business, medicine, and government all depend on it. "Tangled Webs" explores the age-old tensions between greed and justice, self-interest and public interest, loyalty and duty. At a time when Americans seem hungry for moral leadership and clarity, "Tangled Webs" reaffirms the importance of truth.
An Economic Interpretation of the Constitution of the United States
Charles A. Beard - 1913
Unlike those writers, who had stressed idealistic impulses as factors determining the structure of the American government, Beard questioned the Founding Fathers' motivations in drafting the Constitution and viewed the results as a product of economic self-interest.Brimming with human interest, insights, and information every student of American history will prize, this volume — one of the most controversial books of its time — continues to prompt new perceptions of the supreme law of the land."A staple for history and economics collections." — Library Journal."Replete with human interest and compact with information of importance to every student of American history or of political science." — Annals of the American Academy of Political and Social Science.