Comments on: Anything New Under the Sun? http://www.concurringopinions.com/archives/2007/05/anything_new_un.html The Law, the Universe, and Everything Tue, 14 Feb 2012 11:44:40 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Ann Bartow http://www.concurringopinions.com/archives/2007/05/anything_new_un.html/comment-page-1#comment-53872 Ann Bartow Sun, 20 May 2007 19:28:53 +0000 http://www.solove.org/archives/2007/05/anything-new-under-the-sun.html#comment-53872 I got asked to provide a citation for the assertion that public roads are useful. I had to wonder how those law review editors got between their homes and their law school each day. I got asked to provide a citation for the assertion that public roads are useful. I had to wonder how those law review editors got between their homes and their law school each day.

]]> By: Rebecca Tushnet http://www.concurringopinions.com/archives/2007/05/anything_new_un.html/comment-page-1#comment-53871 Rebecca Tushnet Fri, 18 May 2007 22:11:13 +0000 http://www.solove.org/archives/2007/05/anything-new-under-the-sun.html#comment-53871 That's a good law review story. My best so far was an attempt to take the contraction out of 'you don't need a weatherman to know which way the wind blows.' Fortunately, the editors relented. That’s a good law review story. My best so far was an attempt to take the contraction out of ‘you don’t need a weatherman to know which way the wind blows.’ Fortunately, the editors relented.

]]> By: Bruce Boyden http://www.concurringopinions.com/archives/2007/05/anything_new_un.html/comment-page-1#comment-53870 Bruce Boyden Thu, 17 May 2007 22:22:03 +0000 http://www.solove.org/archives/2007/05/anything-new-under-the-sun.html#comment-53870 Lethem's article is interesting, but it's hardly a blistering new critique of copyright law: <blockquote>In truth, in literature, in science and in art, there are, and can be, few, if any, things, which in an abstract sense, are strictly new and original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before.</blockquote> Emerson v. Davies, 8 F. Cas. 615, 619 (C.C.D. Mass. 1845) (No. 4,436) (Story, J.). Lethem’s article is interesting, but it’s hardly a blistering new critique of copyright law:

In truth, in literature, in science and in art, there are, and can be, few, if any, things, which in an abstract sense, are strictly new and original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before.

Emerson v. Davies, 8 F. Cas. 615, 619 (C.C.D. Mass. 1845) (No. 4,436) (Story, J.).

]]> By: James Grimmelmann http://www.concurringopinions.com/archives/2007/05/anything_new_un.html/comment-page-1#comment-53869 James Grimmelmann Thu, 17 May 2007 18:51:04 +0000 http://www.solove.org/archives/2007/05/anything-new-under-the-sun.html#comment-53869 You should refuse. This particular version of the citation fetish is a false transplant of the norms of citation in legal practice, where the citation to authority establishes the actuality of the claimed legal rule. That norm has no valid application to those parts of an academic article that state the author's novel thesis. You should refuse. This particular version of the citation fetish is a false transplant of the norms of citation in legal practice, where the citation to authority establishes the actuality of the claimed legal rule. That norm has no valid application to those parts of an academic article that state the author’s novel thesis.

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