Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (69)
- Science and Technology Law (37)
- Intellectual Property Law (17)
- Law and Society (12)
- Constitutional Law (7)
-
- Courts (7)
- Education (7)
- Privacy Law (7)
- Communications Law (6)
- Criminal Law (6)
- First Amendment (6)
- Physical Sciences and Mathematics (6)
- Criminal Procedure (5)
- Engineering (5)
- Internet Law (5)
- Business (4)
- Computer Law (4)
- Fourth Amendment (4)
- Law Enforcement and Corrections (4)
- Legal Education (4)
- Legislation (4)
- Social and Behavioral Sciences (4)
- Antitrust and Trade Regulation (3)
- Banking and Finance Law (3)
- Business Organizations Law (3)
- Comparative and Foreign Law (3)
- Computer Sciences (3)
- Consumer Protection Law (3)
- Health Law and Policy (3)
- International Law (3)
Articles 1 - 30 of 90
Full-Text Articles in Entire DC Network
Downstreaming, Rachel Landy
Downstreaming, Rachel Landy
Articles
Spotify and its competitors all offer the same product at the same price. Why? Scholars have argued that relationships can be designed in a way that naturally promotes innovation. By “braiding” certain formal contracting practices with informal enforcement norms, parties develop a frame-work that supports trust and positive, long-term collaboration. This Article takes on this consensus and shows that not all braiding is good. Using the multibillion-dollar subscription music streaming business as an illustration, it demonstrates just how industry forces can, and do, overcome braiding’s positive slant. In that industry, the major record labels (Universal, Warner, and Sony) weaponize braiding …
Tech Supremacy: The New Arms Race Between China And The United States, Xuan-Thao Nguyen
Tech Supremacy: The New Arms Race Between China And The United States, Xuan-Thao Nguyen
Articles
In the brewing tech war between the United States and China, the quest for tech supremacy is in full force. Through enacting a series of laws and policies, China aims to reach its goal of tech supremacy. If China succeeds, U.S. corporations will face a daunting task in competing against Chinese products and services in core industries and in sectors where artificial intelligence and technological breakthroughs reign. This Article is the first to identify and analyze China’s 2022 Law on Science and Technology Progress, Personal Information Protection Law, Made in China 2025, National Intellectual Property Strategies, and digital currency e-CNY; …
Wrong Search At The Wrong Time: Keyword Search Warrants And The Fourth Amendment, Nicole Chan
Wrong Search At The Wrong Time: Keyword Search Warrants And The Fourth Amendment, Nicole Chan
Articles
This Note will advocate for the view that when presented with the issue, state and federal courts should establish that keyword search warrants are unconstitutional because they violate the Fourth Amendment. Keyword search warrants cannot meet the Fourth Amendment’s requirements of probable cause and particularity because the subjects of the search cannot be identified until after the search is completed. These warrants are unnecessary and have the potential of implicating millions of internet users who have no connection to a crime. This Note will contend that individuals have a reasonable expectation of privacy in their search history data, and that …
Exit Engineering, Rachel Landy
Exit Engineering, Rachel Landy
Articles
How do business lawyers create value? For nearly forty years, scholars have conceptualized the business lawyer as a “transaction cost engineer” who helps contracting parties efficiently break negotiation stalemates to create more valuable deals. This theory provides meaningful insights about sophisticated corporate law practice, where outside lawyers parachute in to make one-off deals happen. However, it fails to explain the behavior of startup lawyers, who develop long-term relationships with their clients and counsel them on seemingly routine matters, well before a major transaction materializes. These lawyers are not just transaction cost engineers, they are exit engineers.This Article offers a novel …
How Crime Shapes Insurance And Insurance Shapes Crime, Tom Baker, Anja Shortland
How Crime Shapes Insurance And Insurance Shapes Crime, Tom Baker, Anja Shortland
Articles
Crime creates demand for insurance but supplying insurance may promote crime. We examine five case studies of insured crimes (auto theft, art theft, kidnap and hijack for ransom, ransomware, and payment card fraud) and find a co-evolutionary process through which insurers engage with insureds, governments, and legal and extralegal third parties to mitigate losses, particularly when criminal innovations destabilize the insurance market. “Insurance as crime governance” stimulates demand for security, shapes criminal incentives, engages with the state to combat crime, and tolerates some crime in the interest of profitability.
Startup Biases, Jennifer S. Fan
Startup Biases, Jennifer S. Fan
Articles
This Article provides an original descriptive account of bias in the startup context and explains why litigation is eschewed and what happens when it is used as a mechanism to combat bias in the venture capital ecosystem. Further, this Article identifies two particular phenomena in the startup context that exacerbate gender and racial bias. First, homophily—the idea that like attracts like—abounds and has been part of the DNA of venture capital since its inception. The thick networks that developed as venture capital made its way from the East Coast to the West Coast were limited to an elite group that …
Views Of The Irish Judiciary On Technology In Courts: Results Of A Survey, Brian M. Barry Dr, Rónán Kennedy Dr
Views Of The Irish Judiciary On Technology In Courts: Results Of A Survey, Brian M. Barry Dr, Rónán Kennedy Dr
Articles
Technology continues to transform how judges perform their functions, both in Ireland and elsewhere. This article reports the results of a survey of Irish judges on their use of technology in their role, their attitudes towards technology, and their views on how it impacts on the judicial function. The survey, part of a global survey, found that Irish judges habitually used digital technologies, and were broadly satisfied with the technology available in chambers, but less so with what was provided in courtrooms. Although generally happy to embrace change, the majority of respondents were concerned with, and did not prefer, online …
Automation, Ai, And Future Skills Needs: An Irish Perspective, Raimunda Bukartaite, Daire Hooper
Automation, Ai, And Future Skills Needs: An Irish Perspective, Raimunda Bukartaite, Daire Hooper
Articles
This study explores insights from key stakeholders into the skills they believe will be necessary for the future of work as we become more reliant on artificial intelligence (AI) and technology. The study also seeks to understand what human resource policies and educational interventions are needed to support and take advantage of these changes.
Reliability, Usefulness, And Validity Of Field-Based Vertical Jump Measuring Devices, Thomas M. Comyns, Jennifer Murphy, Dylan O'Leary
Reliability, Usefulness, And Validity Of Field-Based Vertical Jump Measuring Devices, Thomas M. Comyns, Jennifer Murphy, Dylan O'Leary
Articles
Comyns, TM,Murphy, J, and O’Leary, D. Reliability, usefulness, and validity of field-based vertical jump measuring devices. J Strength Cond Res 37(8): 1594–1599, 2023—The purpose of this study was to examine the test-retest reliability, usefulness, and validity of field based devices, in determining jump height (JH) during a countermovement jump (CMJ). Twenty-one male (22.8 6 2.4 years; 1.82 6 0.07m; 86.0610.4 kg) and 7 female field sport athletes (20.561.5 years; 1.6560.06 m; 65.467.2 kg) performed 3CMJs with data simultaneously recorded using a force plate (criterion measure), Opto jump, Output Capture, and Push-Band 2.0. Reliability was determined by intraclass correlation (ICC) and …
Identifying The Characteristics, Constraints, And Enablers To Creating Value In Applied Performance Analysis, Denise Martin, Peter G. O'Donoghue, Jonathan Bradley, Sam Robertson, Denise Mcgrath
Identifying The Characteristics, Constraints, And Enablers To Creating Value In Applied Performance Analysis, Denise Martin, Peter G. O'Donoghue, Jonathan Bradley, Sam Robertson, Denise Mcgrath
Articles
While applied performance analysts (PAs) are a well-established applied sports science practitioner group, there is no clear definition of the purpose of an analyst, their key relationships, or the expertise required to execute the role successfully. This research sought to understand how PA practitioners and educators perceive their role as applied PA practitioners. Twenty-seven applied PAs and educators with applied PA experience participated in six online focus groups, completing an online survey in advance. Reflexive thematic analysis of transcripts and survey data generated an overarching theme: embedded applied PA practitioners have a value co-creation role within performance ecosystems which is …
Winning The Imitation Game: Setting Safety Expectations For Automated Vehicles, William H. Widen, Philip Koopman
Winning The Imitation Game: Setting Safety Expectations For Automated Vehicles, William H. Widen, Philip Koopman
Articles
This article suggests that legislatures amend existing law to create a new legal category of "computer driver" to allow a plaintiff to make a negligence claim against an automated vehicle manufacturer for loss proximately caused by any negligent driving behavior exhibited by the driving automation systems which it produced. Creating this new legal category will allow a status quo approach to attribution and allocation of liability, including permitting defendants to take advantage of contributory negligence and comparative fault rules. Creation of the category also allows for continued functioning of the structure of our existing liability laws and regulations for motor …
Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice
Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice
Articles
Climate change is a global phenomenon. Therefore, globalization is the necessary hermeneutical horizon to develop an analysis of the metamorphosis climate change could cause at a political, social, and economic level. Within this horizon, this Article shows how the relationship between the concept of the Anthropocene epoch and the request for justice allows for framing a climate-justice and intergenerational equity–focused political interpretation of the effects of climate change. In order to avoid reducing such an interpretation to merely an ideological critique of capitalism, the conception of climate justice needs to be grounded in a rational, ethical model. This Article proposes …
Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response, Alexander Mackay, Samuel Weinstein
Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response, Alexander Mackay, Samuel Weinstein
Articles
Pricing algorithms are rapidly transforming markets, from ride-sharing, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate explicit and tacit collusion. This Article argues that the policy challenges pricing algorithms pose are far broader than collusive conduct. It demonstrates that algorithmic pricing can lead to higher prices for consumers in competitive markets and even in the absence of collusion. This consumer harm can be initiated by a single firm employing a superior pricing algorithm. Higher prices arise from …
Highly Automated Vehicles & Discrimination Against Low-Income Persons, William H. Widen
Highly Automated Vehicles & Discrimination Against Low-Income Persons, William H. Widen
Articles
Law reform in the United States often reflects a structural bias that advances narrow business interests without addressing broader public interest concerns.' This bias may appear by omitting protective language in laws or regulations which address a subject matter area, such as permitting the testing of highly automated vehicles ("HA Vs") on public roads, while omitting a requirement for a reasonable level of insurance as a condition to obtain a testing permit.2 This Article explores certain social and economic justice implications of laws and regulations governing the design, testing, manufacture, and deployment of HA Vs which might advance a business …
Freedom From Speech, Mary Anne Franks
Freedom From Speech, Mary Anne Franks
Articles
The importance of freedom of speech in a democratic society is usually taken as a given, but freedom from speech is no less important in safeguarding the values of truth, autonomy, and democracy. Freedom from speech includes both the right of the individual to not be forced to speak and the freedom to avoid the speech of others. This essay attempts to highlight the significance of freedom from speech in order to clarify the importance of the First Amendment right against compelled speech; provide an explanation for when the right of free speech yields to other rights; and offer a …
Autonomous Vehicle Regulation & Trust: The Impact Of Failures To Comply With Standards, William H. Widen, Phillip Koopman
Autonomous Vehicle Regulation & Trust: The Impact Of Failures To Comply With Standards, William H. Widen, Phillip Koopman
Articles
The autonomous vehicle (AV) industry works very hard to create public trust in both AV technology and its developers. Building trust is part of a strategy to permit the industry itself to manage the testing and deployment of AV technology without regulatory interference. This article explains how industry actions to promote trust (both individually and collectively) have created concerns rather than comfort with this emerging technology. The article suggests how the industry might change its current approach to law and regulation from an adversarial posture to a more cooperative one in which a space is created for government regulation consistent …
Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi
Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi
Articles
No abstract provided.
The Evolution Of The Internet And Social Media: A Literature Review, Charles Alves De Castro, Isobel O'Reilly Dr, Aiden Carthy
The Evolution Of The Internet And Social Media: A Literature Review, Charles Alves De Castro, Isobel O'Reilly Dr, Aiden Carthy
Articles
This article reviews and analyses factors impacting the evolution of the internet, the web, and social media channels, charting historic trends and highlight recent technological developments. The review comprised a deep search using electronic journal databases. Articles were chosen according to specific criteria with a group of 34 papers and books selected for complete reading and deep analysis. The 34 elements were analysed and processed using NVIVO 12 Pro, enabling the creation of dimensions and categories, codes and nodes, identifying the most frequent words, cluster analysis of the terms, and creating a word cloud based on each word's frequency. The …
Special Matters: Filtering Privileged Materials In Federal Prosecutions, Christina Frohock
Special Matters: Filtering Privileged Materials In Federal Prosecutions, Christina Frohock
Articles
This Article reviews the U.S. Department of Justice's toolbox for handling potentially privileged materials, with close attention to the evolution from filter teams to the Special Matters Unit in fraud prosecutions. Significant case opinions from the U.S. Courts of Appeals for the Fourth, Sixth, and Eleventh Circuits reveal the judiciary's diverse views on filter teams. The recent case of United States v. Esformes in the U.S. District Court for the Southern District of Florida, now on appeal to the Eleventh Circuit, illustrates how a filter team can fall short and draw unflattering attention to the Department of Justice. In the …
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
Articles
In response to widespread skepticism about the recent rise of “tech ethics”, many critics have called for legal reform instead. In contrast with the “ethics response”, critics consider the “lawfulness response” more capable of disciplining the excesses of the technology industry. In fact, both are simultaneously vulnerable to industry capture and capable of advancing a more democratic egalitarian agenda for the information economy. Both ethics and law offer a terrain of contestation, rather than a predetermined set of commitments by which to achieve more democratic and egalitarian technological production. In advancing this argument, the essay focuses on two misunderstandings common …
Pandemic Transformation Of Teaching And Learning: Designing Pedagogy Using The Contents Of Instructors’ “Pedagogical Pantry,” Rather Than “Established Recipes.”, Sara Schley, Carol E. Marchetti
Pandemic Transformation Of Teaching And Learning: Designing Pedagogy Using The Contents Of Instructors’ “Pedagogical Pantry,” Rather Than “Established Recipes.”, Sara Schley, Carol E. Marchetti
Articles
How can faculty successfully shift from a physical classroom environment to creating meaningful online learning experiences in the midst of a pandemic? Using a “kitchen pantry” metaphor, this essay suggests faculty use a “what’s in my pantry?” approach, rather than trying to replicate the in-class experience and following a previously identified “recipe.” Some faculty embrace new technology options with great gusto. Others are resistant; and still others wait until they’ve seen others use it first to consider incorporating it. This model allows for different entry points of interaction, and for different levels of experimentation, reflecting individual faculty’s strengths and capabilities. …
In Depth Characterisation Of The Biomolecular Coronas Of Polymer Coated Inorganic Nanoparticles With Differential Centrifugal Sedimentation, André Perez-Potti, Hender Lopez, Beatriz Pelaz, Abuelmagd Abdelmonem, Mahmoud G. Soliman, Ingmar Schoen, Philip M. Kelly, Kenneth A. Dawson, Wolfgang J. Parak, Zeljka Krpetic, Marco P. Monopoli
In Depth Characterisation Of The Biomolecular Coronas Of Polymer Coated Inorganic Nanoparticles With Differential Centrifugal Sedimentation, André Perez-Potti, Hender Lopez, Beatriz Pelaz, Abuelmagd Abdelmonem, Mahmoud G. Soliman, Ingmar Schoen, Philip M. Kelly, Kenneth A. Dawson, Wolfgang J. Parak, Zeljka Krpetic, Marco P. Monopoli
Articles
Advances in nanofabrication methods have enabled the tailoring of new strategies towards the controlled production of nanoparticles with attractive applications in healthcare. In many cases, their characterisation remains a big challenge, particularly for small-sized functional nanoparticles of 5 nm diameter or smaller, where current particle sizing techniques struggle to provide the required sensitivity and accuracy. There is a clear need for the development of new reliable characterisation approaches for the physico-chemical characterisation of nanoparticles with significant accuracy, particularly for the analysis of the particles in the presence of complex biological fluids. Herein, we show that the Differential Centrifugal Sedimentation can …
Clearing Opacity Through Machine Learning, W. Nicholson Price Ii, Arti K. Rai
Clearing Opacity Through Machine Learning, W. Nicholson Price Ii, Arti K. Rai
Articles
Artificial intelligence and machine learning represent powerful tools in many fields, ranging from criminal justice to human biology to climate change. Part of the power of these tools arises from their ability to make predictions and glean useful information about complex real-world systems without the need to understand the workings of those systems.
Technology And The (Re)Construction Of Law, Christian Sundquist
Technology And The (Re)Construction Of Law, Christian Sundquist
Articles
Innovative advancements in technology and artificial intelligence have created a unique opportunity to re-envision both legal education and the practice of law. The COVID-19 pandemic has accelerated the technological disruption of both legal education and practice, as remote work, “Zoom” client meetings, virtual teaching, and online dispute resolution have become increasingly normalized. This essay explores how technological innovations in the coronavirus era are facilitating radical changes to our traditional adversarial system, the practice of law, and the very meaning of “legal knowledge.” It concludes with suggestions on how to reform legal education to better prepare our students for the emerging …
Arizona's Sex Offender Laws: Recommendations For Reform, Tamara Rice Lave
Arizona's Sex Offender Laws: Recommendations For Reform, Tamara Rice Lave
Articles
No abstract provided.
How The Covid-19 Pandemic Has And Should Reshape The American Safety Net, Gabriel Scheffler, Andrew Hammond, Ariel Jurow Kleiman
How The Covid-19 Pandemic Has And Should Reshape The American Safety Net, Gabriel Scheffler, Andrew Hammond, Ariel Jurow Kleiman
Articles
No abstract provided.
Exploring The Esports Approach Of America's Three Major Leagues, Peter A. Carfagna
Exploring The Esports Approach Of America's Three Major Leagues, Peter A. Carfagna
Articles
No abstract provided.
The Cost Of Novelty, Will Nicholson Price Ii
The Cost Of Novelty, Will Nicholson Price Ii
Articles
Patent law tries to spur the development of new and better innovative technology. But it focuses much more on “new” than “better”—and it turns out that “new” carries real social costs. I argue that patent law promotes innovation that diverges from existing technology, either a little (what I call “differentiating innovation”) or a lot (“exploring innovation”), at the expense of innovation that tells us more about existing technology (“deepening innovation”). Patent law’s focus on newness is unsurprising, and fits within a well-told narrative of innovative diversity accompanied by market selection of the best technologies. Unfortunately, innovative diversity brings not only …
Disabling Fascism: A Struggle For The Last Laugh In Trump’S America, Madeleine M. Plasencia
Disabling Fascism: A Struggle For The Last Laugh In Trump’S America, Madeleine M. Plasencia
Articles
Six years before the start of the Second World War and seven months after Hitler’s appointment as Chancellor of Germany, the German government instituted the “Law for the Prevention of Progeny with Hereditary Diseases.” The moral depravity that started as a sterilization program targeting “useless eaters” and lives “unworthy of life” degenerated into a “euthanasia” program that murdered at least 250,000 people with mental and physical dis/abilities as an “open secret” until 1941, when the Bishop of Munster, Clemens August Count von Galen, delivered a sermon protesting the killing of “unproductive people.”2 Although the Trump Administration has not yet driven …
How The Internet Unmakes Law, Mary Anne Franks