Mostrando recursos 1 - 20 de 191

  1. Postscript: Journalism After Snowden

    Zittrain, Jonathan L.
    Edward Snowden's release of classified NSA documents exposed the widespread government practice of mass surveillance in a democratic society. The publication of these documents, facilitated by three journalists, as well as efforts to criminalize the act of being a whistleblower or source, signaled a new era in the coverage of national security reporting. The contributors to Journalism After Snowden analyze the implications of the Snowden affair for journalism and the future role of the profession as a watchdog for the public good. Integrating discussions of media, law, surveillance, technology, and national security, the book offers a timely and much-needed assessment...

  2. The Hidden Law of Plea Bargaining

    Crespo, Andrew Manuel
    The American criminal justice system is a system of pleas. Few who know it well think it is working. And yet, identifying plausible strategies for law reform proves challenging, given the widely held scholarly assumption that plea bargaining operates “beyond the shadow of the law.” That assumption holds true with respect to substantive and constitutional criminal law—the two most studied bodies of law in the criminal justice system—neither of which significantly regulates prosecutorial power. The assumption is misguided, however, insofar as it fails to account for a third body of law—the subconstitutional law of criminal procedure—that regulates and often establishes...

  3. Wikileaks and the Protect-IP Act: A New Public-Private Threat to the Internet Commons

    Benkler, Yochai
    The WikiLeaks affair and proposed copyright bills introduced in the Senate are evidence of a new, extralegal path of attack aimed at preventing access and disrupting the payment systems and advertising of targeted sites. In this model, the attacker may be a government agency seeking to circumvent constitutional constraints on its power or a private company trying to enforce its interests beyond those afforded by procedural or substantive safeguards in the law. The vector of attack runs through the targeted site's critical service providers, disrupting technical services, such as Domain Name System service, cloud storage, or search capabilities; and business-related...

  4. Peer Production of Survivable Critical Infrastructures

    Benkler, Yochai

  5. Peer Production, the Commons, and the Future of the Firm

    Benkler, Yochai
    From free and open source software, through Wikipedia to video journalism, peer production plays a more significant role in the information production environment than was theoretically admissible by any economic model of motivation and organization that prevailed at the turn of the millennium. Its sustained success for a quarter of a century forces us to reevaluate three core assumptions of the standard models of innovation and production. First, it places intrinsic and social motivations, rather than material incentives, at the core of innovation, and hence growth. Second, it challenges the centrality of property, as opposed to the interaction of property...

  6. Networks of Power, Degrees of Freedom

    Benkler, Yochai

  7. Degrees of Freedom, Dimensions of Power

    Benkler, Yochai
    The original Internet design combined technical, organizational, and cultural characteristics that decentralized power along diverse dimensions. Decentralized institutional, technical, and market power maximized freedom to operate and innovate at the expense of control. Market developments have introduced new points of control. Mobile and cloud computing, the Internet of Things, fiber transition, big data, surveillance, and behavioral marketing introduce new control points and dimensions of power into the Internet as a social-cultural-economic platform. Unlike in the Internet's first generation, companies and governments are well aware of the significance of design choices, and are jostling to acquire power over, and appropriate value...

  8. Commons and Growth: The Essential Role of Open Commons in Market Economies

    Benkler, Yochai

  9. Common Wisdom: Peer Production of Educational Materials, Center for Open and Sustainable Learning

    Benkler, Yochai

  10. Addressing Global Health Inequities: An Open Licensing Approach for University Innovations

    Benkler, Yochai; Chaifetz, Samantha; Katz, Zachery; Kapczynski, Amy
    The article describes the current crisis in access to medicines in the developing world, the existing R&D gap, and the role of universities and other public sector research institutions in exacerbating or ameliorating these problems. It proposes that public sector institutions adopt "Equitable Access Licensing" in order to ensure that patients in low and middle income countries have maximum access to medical technologies originating in universities.

  11. Evidence of Decreasing Internet Entropy: The Lack of Redundancy in DNS Resolution by Major Websites and Services

    Bates, Samantha L; Bowers, John; Greenstein, Shane M; Weinstock, Jordi Portell; Zittrain, Jonathan L.
    This paper analyzes the extent to which the Internet’s global domain name resolution (DNS) system has preserved its distributed resilience given the rise of cloud-based hosting and infrastructure. We explore trends in the concentration of the DNS space since at least 2011. In addition, we examine changes in domains’ tendency to “diversify” their pool of nameservers – how frequently domains employ DNS management services from multiple providers rather than just one provider – a comparatively costless and therefore puzzlingly rare decision that could supply redundancy and resilience in the event of an attack or service outage affecting one provider.

  12. Comment on Trial Court Rule XIV, Paragraph 5(b)

    Caramello, Esme

  13. Report of the Massachusetts Justice for All Project Housing Working Group

    Caramello, Esme; Balandis, Stephanie

  14. Final Report of the Access to Attorneys Committee of the Massachusetts Access to Justice Commission

    Caramello, Esme; Barnes, Shannon; Correia, Jared; Feldman, Joel; Fields, Robert; Gal, Laura; Seidman, Ilene; Unflat, Laura; Rickard, Erika Judith; Bilek, Mary Lu

  15. Cynical Soundings: the Dappled World of the Dog's Bark

    Battles, Matthew

  16. Food Law & Policy: An Essential Part of Today’s Legal Academy

    Broad Leib, Emily Michele; Linnekin, Baylen J.

  17. The Future of the Internet: Balancing Security With Openness in the Internet of Things

    Zittrain, Jonathan L.

  18. Visibility, Accountability and Discourse as Essential to Democracy: The Underlying Theme of Alan Dershowitz's Writing and Teaching

    Dershowitz, Alan Morton

  19. Affirmative Action and the Harvard College Diversity-Discretion Model: Paradigm or Pretext

    Dershowitz, Alan Morton; Hanft, Laura

  20. Brexit and the Trouble with an Uncodified Constitution: R (Miller) v Secretary of State for Exiting the European Union

    Mackie, Sarah Elizabeth
    On June 23, 2016, the United Kingdom voted, unexpectedly, to leave the European Union. That such a decision would have constitutional implications was not surprising, but the vote also caused an unforeseen constitutional crisis: who has the power to begin the process of leaving the European Union? While the government believed that it could exercise its Crown prerogative to conduct foreign affairs, others demanded that Parliament must authorize the decision to leave. The United Kingdom’s constitution, relying mostly on precedent and custom, seemed to provide no answer. The decision was left to the courts and there ensued many months of...

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