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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 | | 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.
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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. |
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