Particular Humanities: A Lesson Before Dying, A Long Walk to Freedom, and The Wire

Particular Humanities: A Lesson Before Dying, A Long Walk to Freedom, and The Wire

This is a vintage Murray post in that I take the Question of the Month (favorite book or movie about the law) and, as I like to say, “tweak it” (and, as Michael likes to say, “ignore it”).  I am selecting two books, Ernest J. Gaines’ A Lesson Before Dying and Nelson Mandela’s A Long Walk to Freedom, and one television series, The Wire.  I choose them because each examines what I consider a key question: how individuals maintain their humanity as they negotiate potentially unjust legal systems.

A Lesson Before Dying taught me that lawyers have to be advocates for their clients’ humanity.  

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Appreciating Our Professors: That “One” Law Professor Thing is “Optional,” Right?

So, I have been thinking about a lot of my favorite “law” professor. Rick and David‘s wonderful posts on their favorite law professors were, of course, inspirational. I am, however, much more indecisive than Rick and David, so I may try to sneak in a little more variety than just “one” law professor (the all powerful Michael may police me for straying a bit from the post of the month!). I actually am picking five (!) because I think about the lessons they taught me everyday:

James Cox, Duke University School of Law: Professor Cox, bar none, was the best teacher I had in law school. I remember being engaged and excited by Business Associations and White Collar Crime, like no other classes. As a student, when you are engaged by agency and partnership law, then you know the teaching is good. Why was I engaged? First, Professor Cox made business law seem relevant by bringing passion and commitment to his subject. Second, he encouraged us to talk and debate in class. Sometimes, in law school, everyone gets really quiet and it gets boring. He never countenanced that. So, class was a bit of an intellectual scrum, and thus, a little messy, and ultimately, quite good. And such classes prepared me for all those things in practice, because what is law school and its ultimate practice, but an intellectual scrum?

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Priorities for the Next President: An Urgent, Measured Innovation Policy (Part II)

So, to take up the question I asked yesterday, what does “measured urgency” look like?  I would offer a few suggestions.  First, an independent commission needs to undertake legislative revision of the Patent Act.  The Patent Act of 1952 was an incredibly well-written, concise act.  Current legislation has attempted to graft new procedures onto the Patent Act, which would have the consequence of creating a deeply incoherent act.  The new President should appoint a commission of fairly neutral persons to sit down and decide what will become the Patent Act of 2009, an act that will serve as the framework for the next 50 years of patent law.  Such an act should take into account the significant changes that have impacted the patent regime in the 21st century: the increase in agencies regulating the Patent Act, such as the ITC and the FDA; the need to change the role of the USPTO; and the increasing harmonization of patent law in the international environment.  The commission would also increase the legitimacy of the process.  Current patent reform is simply not working.  Previous patent reform has often been seen as another cynical attempt by powerful chairpersons to rewrite patent law on behalf of their most powerful donors.  These deeply cynical efforts have been accompanied by a failure to hold transparent and representative hearings.   A commission would have the benefit of having the ability to channel interest group action in a positive way through open hearings and submitted comments.  Such a commission would also have the ability to stay above what has proven to be a rugby-like scrum on the part of lobbyists to get the narrow best interest for their clients.  I am all for an active and healthy self-interest on the part of the interest groups, but there must be a productive way to channel those interests in a way that serves patent law better.

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