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Full-Text Articles in Law
Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan
Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan
Donald J. Kochan
Can Dna Be Speech?, Jorge R. Roig
Can Dna Be Speech?, Jorge R. Roig
Jorge R Roig
Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio
Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio
Giancarlo Francesco Frosio
In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift. Again, at the time of the British …
Participatory Fact-Finding: Developing New Directions For Human Rights Investigations Through New Technologies, Molly Land
Molly K. Land
This chapter considers the way in which broader participation in human rights fact-finding, enabled by the introduction of new technologies, will change the nature of fact-finding itself. Using the example of a participatory mapping project called Map Kibera, the chapter argues that new technologies will change human rights fact-finding by providing opportunities for ordinary individuals to investigate the human rights issues that affect them. Those who were formerly the ‘subjects’ of human rights investigations now have the potential to be agents in their own right. This ‘participatory fact-finding’ may not be as effective in ‘naming and shaming’ states and companies …
Social Innovation, Peter Lee
Social Innovation, Peter Lee
Peter Lee
This Article provides the first legal examination of the immensely valuable but underappreciated phenomenon of social innovation. Innovations such as cognitive behavioral therapy, microfinance, and strategies to reduce hospital-based infections greatly enhance social welfare yet operate completely outside of the patent system, the primary legal mechanism for promoting innovation. This Article draws on empirical evidence to elucidate this significant kind of innovation and explore its divergence from the classic model of technological innovation championed by the patent system. In so doing, it illustrates how patent law exhibits a rather crabbed, particularistic conception of innovation. Among other characteristics, innovation in the …
Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie M. Reid
Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie M. Reid
Melanie M. Reid
One of the most significant contemporary issues in privacy law relates to law enforcement’s new domestic surveillance tool: unmanned aerial vehicles, also known as, drones. Law enforcement’s use of aerial surveillance as an investigatory tool is currently under attack. In the past, if law enforcement chose to follow a suspect throughout the day, either on the ground or in the air, they need not worry about seeking a warrant or determining whether probable cause or reasonable suspicion exists to justify their surveillance. Aerial surveillance of criminal suspects has been considered outside the protections of Fourth Amendment law. In the 1980’s, …
Lawyering In The Shadow Of Data, Dru Stevenson, Nicholas J. Wagoner
Lawyering In The Shadow Of Data, Dru Stevenson, Nicholas J. Wagoner
Dru Stevenson
Attorney bargaining has traditionally taken place in the shadow of trial, as litigants alter their pretrial behavior—including their willingness to negotiate a settlement – based on perceptions of likely outcomes at trial and anticipated litigation costs. Lawyers practicing in the shadow of trial have, in turn, traditionally formed their perception of the likely outcome at trial based on their knowledge of case precedents, intuition, and previous interactions with the presiding judge and opposing counsel in similar cases. Today, however, technology for leveraging legal data is moving the practice of law into the shadow of the trends and patterns observable in …
Editorial: Social Implications Of Technology- “Il Buono, Il Brutto, Il Cattivo”, Katina Michael
Editorial: Social Implications Of Technology- “Il Buono, Il Brutto, Il Cattivo”, Katina Michael
Professor Katina Michael
Late last year, IEEE SSIT was invited to put together a paper for the centennial edition of Proceedings of the IEEE that was published in May 2012. The paper titled, “Social Implications of Technology: The Past, the Present, and the Future,” brought together five members of SSIT with varying backgrounds, and two intense months of collaboration and exchange of ideas. I personally felt privileged to be working with Karl D. Stephan, Emily Anesta, Laura Jacobs and M.G. Michael on this project.
Commentary On: Mann, Steve (2012): Wearable Computing, Katina Michael, M.G. Michael
Commentary On: Mann, Steve (2012): Wearable Computing, Katina Michael, M.G. Michael
Associate Professor Katina Michael
In Professor Steve Mann- inventor, physicist, engineer, mathematician, scientist, designer, developer, project director, filmmaker, artist, instrumentalist, author, photographer, actor, activist- we see so much of the paradigmatic classical Greek philosopher. I recall asking Steve if technology shaped society or society shaped technology. He replied along the lines that the question was superfluous. Steve instead pointed to praxis, from which all theory, lessons or skills stem, are practiced, embodied and realized. Steve has always been preoccupied by the application of his ideas into form. In this way too, he can be considered a modern day Leonardo Da Vinci.
#Ict4hr—Information And Communication Technologies For Human Rights, Molly Land, Patrick Meier, Mark Belinsky, Emily Jacobi
#Ict4hr—Information And Communication Technologies For Human Rights, Molly Land, Patrick Meier, Mark Belinsky, Emily Jacobi
Molly K. Land
No abstract provided.
The Fall-Out From Emerging Technologies: On Matters Of Surveillance, Social Networks And Suicide, M.G. Michael, Katina Michael
The Fall-Out From Emerging Technologies: On Matters Of Surveillance, Social Networks And Suicide, M.G. Michael, Katina Michael
M. G. Michael
No abstract provided.
The Privacy Bailout: State Government Involvement In The Privacy Arena, Corey A. Ciocchetti
The Privacy Bailout: State Government Involvement In The Privacy Arena, Corey A. Ciocchetti
Corey A Ciocchetti
In the midst of massive government involvement in the financial, real estate and automotive sectors, other important problems linger without sufficient governmental attention. This article focuses on one area where federal intervention has been particularly absent - the realm of individual privacy in the Information Age. The problem is that monitoring in the United States is increasingly powerful and takes many forms. Online, prominent Web sites collect, store and disseminate a great deal of personally identifying information (PII) without clearly and simply informing users. This is the case even though such notice is cheap and can be effective. Offline, technology …
Constructing Commons In The Cultural Environment, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann
Constructing Commons In The Cultural Environment, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann
Katherine J. Strandburg
This Article sets out a framework for investigating sharing and resource pooling arrangements for information and knowledge-based works. We argue that the approach to commons arrangements in the natural environment pioneered by Elinor Ostrom and collaborators provides a template for examining the construction of commons in the cultural environment. The approach promises to lead to a better understanding of how participants in commons and pooling arrangements structure their interactions in relation to the environments in which they are embedded, in relation to information and knowledge resources that they produce and use, and in relation to one another.
An improved understanding …
Constructing Commons In The Cultural Environment, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann
Constructing Commons In The Cultural Environment, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann
Brett Frischmann
This Article sets out a framework for investigating sharing and resource pooling arrangements for information and knowledge-based works. We argue that the approach to commons arrangements in the natural environment pioneered by Elinor Ostrom and collaborators provides a template for examining the construction of commons in the cultural environment. The approach promises to lead to a better understanding of how participants in commons and pooling arrangements structure their interactions in relation to the environments in which they are embedded, in relation to information and knowledge resources that they produce and use, and in relation to one another.
An improved understanding …
Peer Producing Human Rights, Molly Land
Peer Producing Human Rights, Molly Land
Molly K. Land
Can there be a Wikipedia for human rights? The growth of collaborative technologies has spurred the development of projects such as Wikipedia, in which large groups of volunteers contribute to production in a decentralized and open format. The author analyzes how these methods of peer-based production can be applied to advance international human rights as well as the limitations of such a model in this field. An underlying characteristic of peer-based production, amateurism, increases capacity and participation. However, the involvement of ordinary individuals in the production of human rights reporting is also its greatest disadvantage, since human rights reports generated …
Technical Capacity, Policymaking And Food Standards: An Overview Of Indian Experience, Nupur Chowdhury, Sanjay Kumar
Technical Capacity, Policymaking And Food Standards: An Overview Of Indian Experience, Nupur Chowdhury, Sanjay Kumar
Nupur Chowdhury
The SPS Agreement in the WTO gives legal validity to the CODEX standards. Since the developed countries have been at the forefront of setting the food standards in the CODEX, the developing countries have been increasingly engaged in the CODEX, and also in the WTO, with an objective to increase their exports of the agricultural and food products. But such objective and desire have often been stymied by the lack of institutions which can sustain the intense technical negotiations at the CODEX. If these participations are not qualitatively satisfactory, the very objective of such participations is not fulfilled. But since …