Jorge L. Contreras has self-archived "Confronting the Crisis in Scientific Publishing: Latency, Licensing and Access" in the American University Washington College of Law Digital Commons.
Here's an excerpt:
In this article, I propose an alternative private ordering solution based on latency values observed in open access stakeholder negotiation settings. Under this proposal, research institutions would collectively develop and adopt publication agreements that do not transfer copyright ownership to publishers, but instead grant publishers a one-year exclusive period in which to publish a work. This limited period of exclusivity should enable the publisher to recoup its costs and a reasonable profit through subscription revenues, while restoring control of the article copyright to the author at the end of the exclusivity period. This balanced approach addresses the needs of both publishers and the scientific community, and would, I believe, avoid many of the challenges faced by existing open access models.
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