Law in Contemporary Society

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MariHulbuttaFirstEssay 3 - 08 Apr 2018 - Main.EbenMoglen
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
 

Tribal Sovereignty Advancements Through Intellectual Property Law

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Pipeline to Big Law?

This proposal could be misunderstood as encouraging reliance on big law firms, instead of re-directing knowledge to tribal communities. The idea actually is that Native attorneys work in firms only to the extent they feel comfortable and are training to serve a tribe needing specialized advice. The long-term objective is to expand expertise among Native attorneys and to contribute that expertise from within a tribe’s legal infrastructure. Eliminating the need to outsource entirely may appeal to some tribes, but is probably not a goal for all. This proposal intends to expand capacity among Native lawyers and afford tribes the option to outsource to Native practitioners.
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It's an interesting outlook. I think the Allergan patent immunity boomlet was pure bullshit, for reasons that seem evident to me, so I don't think there's any future business for Native lawyers in it. The occasional trademark case is hardly going to produce any significant business for Native lawyers, so I wonder about the economic analysis of this "IP is going to be good for us" proposition, where it is so obvious, on the other hand, that contemporary copyright and patent law distributes wealth upward. If both copyright and patent law ceased to exist, so that educational materials and drugs were far less expensive, surely Native America would be much better off, from an aggregate welfare point of view, than it will be with a few supplements to lawyers' incomes.

Instead, this seems to me an agile and engaging argument of a false case: a sort of greenwashing by the intellectual property industries, advertising why people who have little if any reason to be on their side should suddenly regard them as allies. In that genre, it is very well done. I'm not the best-placed commentator to decide how to make it better, but it meets the fairly stringent standard of review that I think it's very good even though I don't believe a single word.

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.

Revision 3r3 - 08 Apr 2018 - 18:06:18 - EbenMoglen
Revision 2r2 - 02 Mar 2018 - 01:58:49 - MariHulbutta
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