Browsing by Author "Shaver, Lea"
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Item Access to Knowledge in India(2011) Shaver, LeaThis essay is a preview of the author's upcoming book Access to Knowledge in India: New Research on Intellectual Property, Innovation, and Development, an edited volume which contains contributionsfrom various scholars on the access to knowledge alongside development and trade. While the essay seeks to bring together views and insights gleaned from various chapters of the book, the author simultaneously pushes forward her argument concerning the role that courts have to play in toning down excessive intellectual property protection using the language of human rights. In particula, the author argues that constitutional law has the poten tial tofurther socioeconomic rights which are affected by intellectual property protection. The author feels that Indian constitutional litigation has taken the right step in this direction and is a model for courts in other jurisdictions as well as for international norm-setting.Item Advancing Faculty Diversity Through Self-Directed Mentoring(2017) Dutton, Yvonne M.; Ryznar, Margaret; Shaver, LeaMentoring is widely acknowledged to be important in career success, yet may be lacking for female and minority law professors, contributing to disparities in retention and promotion of diverse faculty. This Article presents the results of a unique diversity mentoring program conducted at one law school. Mentoring is often thought of as something directed by the mentor on behalf of the protégé. Our framework inverts that model, empowering diverse faculty members to proactively cultivate their own networks of research mentors. The studied intervention consisted of modest programming on mentorship, along with supplemental travel funds to focus specifically on travel for the purpose of cultivating mentors beyond one’s own institution. Participants were responsible for setting their own mentorship goals, approaching mentors and arranging meetings, and reporting annually on their activities and progress. Both quantitative and qualitative evidence demonstrate that the program has been effective along its measurable goals in its first year. Participants report growing their networks of mentors, receiving significant advice on research and the tenure process, and being sponsored for new opportunities. The authors conclude that this type of mentoring initiative, if more broadly applied, could have a significant impact on reducing disparities in retention and promotion in the legal academy. To facilitate such replication, the Article describes both the process of designing the program and the actual operation of the program as carried out at one school. In sum, the Article offers a concrete starting point for discussions at any law school interested in advancing faculty diversity through improved mentoring.Item Copyright and Inequality(2014-12) Shaver, LeaThe standard theory of copyright law imagines a marketplace efficiently serving up new works to an undifferentiated world of consumers. Yet the reality is that all consumers are not equal. Class and culture combine to explain who wins, and who loses, from copyright protection. Along the dimension of class, the inequality insight reminds us just because new works are created does not mean that most people can afford them, and calls for new attention to problems of affordability. Copyright protection inflates the price of books, with implications for distributive justice, democratic culture, and economic efficiency. Along the dimension of culture, the inequality insight points out that it is not enough for copyright theory to speak generally of new works; it matters crucially what languages those works are being created in. Copyright protection is likely to be an ineffective incentive system for the production of works in “neglected languages” spoken predominantly by poor people. This Article highlights and explores these relationships between copyright and social inequality, offering a new perspective on what is at stake in debates over copyright reform.Item Defining and Measuring A2K: A Blueprint for an Index of Access to Knowledge(I/S: A Journal of Law and Policy for the Information Society, 2008) Shaver, LeaAccess to knowledge (A2K) is increasingly recognized as the central human development issue of our time. Yet to date there has been little literature defining precisely what is meant by this term, much less how to evaluate the progress toward achieving it. To help bridge this gap, this article offers a blueprint for an A2K index: a quantitative tool integrating a variety of data points to assess how well countries promote access to knowledge. The proposed index tracks five key dimensions of access to knowledge: education for informational literacy, access to the global knowledge commons, access to knowledge goods, an enabling legal framework, and effective innovation systems. The resulting conceptual map offers a concrete introduction to the A2K framework for information scholars and professionals.Item Egypt's Obligation to Respect, Protect and Fulfill the Right to Access to Knowledge, Science, Art and Culture (ICESCR Article 15)(2013-05-14) Shaver, Lea; Caparas, Perfecto "Boyet"Submitted to the United Nations Committee on Economic, Social and Cultural Rights, Pre-Sessional Working Group 51st Session, 21-24 May 2013, Geneva Switzerland, by the Indiana University Robert H. McKinney School of Law Pro Bono UN Human Rights Reporting Program. Team Members: Eslah Salah Alkathiri, LL.M. candidate; Dr. Mohamed Arafa, S.J.D.; J. Michael Blackwell, J.D. candidate; Ritu Chokshi, J.D. candidate; Sherif Mohamed Mansour, J.D. candidate; Deyana Fatme Unis, J.D. candidate; Qifan Wang, J.D. candidate. Faculty Advisers: Professor Lea Shaver, J.D. and Dr. Ian McIntosh, Ph.D. Founder, Head & Trainer: Perfecto `Boyet´ Caparas, A.B., LL.B., LL.M. American Law, LL.M. Human Rights (Honors); Graduate Studies Program Manager, Indiana University Robert H. McKinney School of Law, 530 W. New York Street, Indianapolis, Indiana USA. This human rights report includes the book titled Access to Knowledge in Egypt - New Research on Intellectual Property, Innovation and Development, edited by Nagla Rizk and Lea Shaver, Bloomsbury Academic, (CC) 2010 by Nagla Rizk, Lea Shaver and the contributors.Item Illuminating Innovation: From Patent Racing to Patent War(Washington & Lee Law Review, 2012) Shaver, LeaPatent law assumes that stronger protection promotes innovation, yet empirical evidence to test this “innovation hypothesis” is lacking. This Article argues that historical case studies hold unique promise to provide an empirical foundation for modern patent policy. Specifically, this Article uses the history of patents surrounding the light bulb to examine a recently articulated theory of “patent racing” as a justification for patent protection. Thomas Edison’s experience confirms that Mark Lemley’s racing model has substantial descriptive merit. Yet this case study also reveals the limits of the patent racing model. Looking past the initial finish line of patent filings to later litigation, the competition looks less like a race and more like a war. The Article then proposes a new model of “patent warfare” resembling the board game Risk. In the game, competing parties assemble strategic assets, then turn to battle their rivals for world domination. Similarly, innovative technology companies assemble patent portfolios—initially for defensive purposes in the context of a dynamic and competitive field. As an industry matures, however, dominant players convert their shields into weapons to eliminate their competition. Just as nineteenth-century companies in the early electrical industry battled to control the light bulb, a new patent war is now emerging to control the smartphone. This anticompetitive endgame diminished next-generation innovation in electric light and now threatens the future of innovation in mobile computing. A new appreciation of patent warfare should prompt increased skepticism of the “innovation assumption” at the heart of patent law. Patent protection clearly provides short-term benefits to innovation, but it also produces unanticipated longterm costs to competition and next-generation innovation. Further empirical research is needed to ascertain whether the benefits outweigh the costs or vice versa and what tweaks to the patent system might allow us to continue to capture the benefits while lowering the costs. In this continued effort, historical case studies will prove particularly helpful because they permit insight into the complex workings of patent law on an industry over a longer time horizon, revealing not only the short-term benefits but also the long-term costs.Item The Inter-American Human Rights System: An Effective Institution for Regional Rights Protection?(Washington University Global Studies Law Review, 2010) Shaver, LeaThe Inter-American Court of Human Rights and the Inter-American Commission on Human Rights are charged with protecting human rights in the Western Hemisphere. This article explains the workings of this regional human rights system, examining its history, composition, Junctions, jurisdiction, procedure, jurisprudence, and enforcement. The article also evaluates the system's historical and current effectiveness. Particular attention is given to the disconnect between the system's success with the region's Latin-American nations and its rejection by Anglo-American States, as well as to the potential to use the system to improve human rights in Cuba.Item MUSCLE: Mentoring Untenured Scholars for Clinical and Legal Excellence(Office of Academic Affairs, IUPUI, 2016-09-16) Shaver, Lea; Dutton, Yvonne M.; Silva, Lahny R.; Ryznar, Margaret; Hagan, Carrie; Winters, DianaThis poster describes the progress and lessons learned as a result of newly implemented Faculty Mentoring Program in the Robert H. McKinney School of Law.Item MUSCLE: Mentoring Untenured Scholars for Clinical and Legal Scholarship Excellence(Office of Academic Affairs, IUPUI, 2015-02-02) Shaver, Lea; Dutton, Yvonne M.; Morris, Emily; Ryznar, Margaret; Silva, Lahny R.; Winters, Diana; Huffman, Max; Nguyen, Xuan-Thao; Pitts, MichaelItem The Right to Read(Columbia Journal of Transnational Law, 2015-09-10) Shaver, Lea; IU McKinney School of LawReading – for education and for pleasure – may be framed as a personal indulgence, a moral virtue, or even a civic duty. What are the implications of framing reading as a human right? Although novel, the rights-based frame finds strong support in international human rights law. The right to read need not be defended as a “new” human right. Rather, it can be located at the intersection of more familiar guarantees. Well-established rights to education, science, culture, and freedom of expression, among others, provide the necessary normative support for recognizing a universal right to read as already implicit in international law. This Article is the first to call for recognition of a right to read. Once recognized in principle, it remains necessary to translate the right to read from a vague ideal into concrete content. As a starting point, the right to read requires that every person be entitled to education for literacy and the liberty to freely choose the reading material they prefer. The right to read also means that everyone must have access to an adequate supply of reading material. Law and policy must be designed to ensure that books, ebooks, and other reading materials are made widely available and affordable – even to the poor and to speakers of minority languages. Reframing reading as a human right ultimately points to a reorientation of copyright law, as well as obligations upon publishers and technology companies to facilitate access for readers of all income levels and in every language. The conceptual elaboration of the right to read also holds lessons for rights theorists and advocates, as an illustration of an “intersectional” approach to human rights scholarship and advocacy.