Volume 18, Issue 1: Ethical Reflections on the Future of Technology Policy

Articles

Limiting Progress of Science and Useful Arts: Legislating as a Means of Enhancing Market Leverage

Over the past two years, a legislative trend has emerged whereby the legislation proposed by content owners and introduced by their congressional allies seems principally focused on affecting to their advantage business negotiations between powerful industries. Read more about Limiting Progress of Science and Useful Arts: Legislating as a Means of Enhancing Market Leverage

  • January 2007
  • 18 Stan.L.& Pol'y Rev. 7
  • Article

Technology Unbound: Will Funded Libertaranism Dominate the Future?

In 2006, a liberal and a conservative on the U.S. Court of Appeals for the District of Columbia Circuit joined forces and held that terminally ill patients have a constitutional right to use certain medicines that have not received Food and Drug Administration approval in the Abigail Alliance case. This Article reviews the Abigail Alliance litigation and what it says about drug regulation and deregulation. Read more about Technology Unbound: Will Funded Libertaranism Dominate the Future?

  • January 2007
  • 18 Stan.L.& Pol'y Rev. 21
  • Article

The Government at the Standards Bazaar

This Article provides an analytical framework by which government can consider intervening in what has become primarily a market activity: mandating information technology standards. The Article proposes a test for intervention and claims that when a government decides to intervene, intervention should be reasonably tailored to rectify the identified market failure and to achieve the particular public interest objective.  Read more about The Government at the Standards Bazaar

  • January 2007
  • 18 Stan.L.& Pol'y Rev. 35
  • Article

Political Economy of International Intellectual Property and the Paradox of Open Intellectual Property Models

This Article describes how intellectual property laws and treaties, as well as open source and open access IPR models, have developed. It also summarizes recent proposals and efforts to encode these models into public policy and positive law. The Article sets up a game theory model of international intellectual property laws by identifying the players, strategies, and playoffs, and it provides a brief historical review illustrating how the game is played and how the payoffs are calibrated. Read more about Political Economy of International Intellectual Property and the Paradox of Open Intellectual Property Models

  • January 2007
  • 18 Stan.L.& Pol'y Rev. 101
  • Article

Stem Cell Research and the Cloning Wars

This Article explains how a revolutionary biomedical technology became entangled in the cloning wars and why Congress should not permit it to become a casualty. Part I of the Article explains the scientific basis for the unfortunate rhetorical linkage between cloning human beings and potentially revolutionary medical research. Part II describes the state-level legislation that prohibits both and the congressional bill that would do the same. Read more about Stem Cell Research and the Cloning Wars

  • January 2007
  • 18 Stan.L.& Pol'y Rev. 161
  • Article

As the Enterprise Wheel Turns: New Evidence on the Finality of Labor Arbitration Awards

This Article describes empirical research on federal court review of labor arbitration awards. The Article examines the standards of judicial review in Enterprise Wheel and related Trilogy cases, explains the research methodology, and reports statistical findings.  Read more about As the Enterprise Wheel Turns: New Evidence on the Finality of Labor Arbitration Awards

  • January 2007
  • 18 Stan.L.& Pol'y Rev. 191
  • Article

Comments

Introduction

This issue of the Stanford Law and Policy Review includes five articles about proposed government regulation of different new technologies. Each Article describes how regulation of a particular new development, whether digital or medical, comports with the values and desires of the public and proposes a way that individual interest could be better enshrined in public policy. Read more about Introduction

  • January 2007
  • 18 Stan.L.& Pol'y Rev. 1
  • Comment