Christopher J. Ryan (Higher Education Policy and Law (Peabody College)) has posted Not-So-Open Access to Legal Scholarship: Balancing Stakeholder Interests with Copyright Principles (Richmond Journal of Law and Technology, Vol. 20, No. 1, 2013) on SSRN. Here is the abstract:
At its core, open access, particularly public access to scholarly research, is grounded in considerations of transparency, accountability, democratic legitimacy, and the fulfillment of perhaps the most fundamental function of academia — providing educational service for the public. This article discusses the role that open access plays and should play in academic legal scholarship. Specifically, this article defines the Open Access Movement and the benefits of open access to scholarship, describes the current methods of accessing academic scholarship, discusses issues related to ownership of scholarly works and the interests of authors, and provides recommendations for ensuring open access to legal scholarship. In particular, the article identifies elements of existing solutions that should be combined to create a policy that can provide open access to such scholarship while handling the interests of scholars, institutions, publishers, and the public.