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Articles 1 - 30 of 66
Full-Text Articles in Law
The Automated Fourth Amendment, Maneka Sinha
The Automated Fourth Amendment, Maneka Sinha
Faculty Scholarship
Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible. Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …
Brain Machine Interfaces And Ethics: A Transition From Wearable To Implantable, Lydia Montalbano
Brain Machine Interfaces And Ethics: A Transition From Wearable To Implantable, Lydia Montalbano
Journal of Business & Technology Law
No abstract provided.
Artificial Intelligence & Algorithmic Bias: The Issues With Technology Reflecting History & Humans, Maya C. Jackson
Artificial Intelligence & Algorithmic Bias: The Issues With Technology Reflecting History & Humans, Maya C. Jackson
Journal of Business & Technology Law
No abstract provided.
Cgi Social Media Influencers: Are They Above The Ftc’S Influence?, Kelly Callahan
Cgi Social Media Influencers: Are They Above The Ftc’S Influence?, Kelly Callahan
Journal of Business & Technology Law
No abstract provided.
'Playola' And Fraud On Digital Music Platforms: Why Legislative Action Is Required To Save The Music Streaming Market, Christine Smith Burton
'Playola' And Fraud On Digital Music Platforms: Why Legislative Action Is Required To Save The Music Streaming Market, Christine Smith Burton
Journal of Business & Technology Law
No abstract provided.
Humans Vs. Robots: Rethinking Tax Policy For A More Sustainable Future, Kathryn Kisska-Schulze, Karie Davis-Nozemack
Humans Vs. Robots: Rethinking Tax Policy For A More Sustainable Future, Kathryn Kisska-Schulze, Karie Davis-Nozemack
Maryland Law Review
No abstract provided.
Prediction, Persuasion, And The Jurisprudence Of Behaviorism, Frank A. Pasquale, Glyn Cashwell
Prediction, Persuasion, And The Jurisprudence Of Behaviorism, Frank A. Pasquale, Glyn Cashwell
Faculty Scholarship
No abstract provided.
A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale
A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Technological Triggers To Tort Revolutions: Steam Locomotives, Autonomous Vehicles, And Accident Compensation, Donald G. Gifford
Technological Triggers To Tort Revolutions: Steam Locomotives, Autonomous Vehicles, And Accident Compensation, Donald G. Gifford
Faculty Scholarship
No abstract provided.
Post Quon: An Analysis Of The Evolution Of New Media And The Employment Relationship, John H. Shannon, Susan A. O’Sullivan-Gavin
Post Quon: An Analysis Of The Evolution Of New Media And The Employment Relationship, John H. Shannon, Susan A. O’Sullivan-Gavin
Journal of Business & Technology Law
No abstract provided.
The Spectrum Of Control: A Social Theory Of The Smart City, Jathan Sadowski, Frank A. Pasquale
The Spectrum Of Control: A Social Theory Of The Smart City, Jathan Sadowski, Frank A. Pasquale
Faculty Scholarship
There is a certain allure to the idea that cities allow a person to both feel at home and like a stranger in the same place. That one can know the streets and shops, avenues and alleys, while also going days without being recognized. But as elites fill cities with “smart” technologies—turning them into platforms for the “Internet of Things” (IoT): sensors and computation embedded within physical objects that then connect, communicate, and/or transmit information with or between each other through the Internet—there is little escape from a seamless web of surveillance and power. This paper will outline a social …
Four Futures Of Legal Automation, Frank A. Pasquale, Glyn Cashwell
Four Futures Of Legal Automation, Frank A. Pasquale, Glyn Cashwell
Faculty Scholarship
Simple legal jobs (such as document coding) are prime candidates for legal automation. More complex tasks cannot be routinized. So far, the debate on the likely scope and intensity of legal automation has focused on the degree to which legal tasks are simple or complex. Just as important to the legal profession, however, is the degree of regulation or deregulation likely in the future.
Situations involving conflicting rights, unique fact patterns, and open-ended laws will remain excessively difficult to automate for an extended period of time. Deregulation, however, may effectively strip many persons of their rights, rendering once-hard cases simple. …
Redesigning The Science Court, Justin Sevier
Redesigning The Science Court, Justin Sevier
Maryland Law Review
No abstract provided.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Journal of Business & Technology Law
No abstract provided.
When Enough Is Enough: Location Tracking, Mosaic Theory, And Machine Learning, Steven M. Bellovin, Renée M. Hutchins, Tony Jebara, Sebastian Zimmeck
When Enough Is Enough: Location Tracking, Mosaic Theory, And Machine Learning, Steven M. Bellovin, Renée M. Hutchins, Tony Jebara, Sebastian Zimmeck
Faculty Scholarship
Since 1967, when it decided Katz v. United States, the Supreme Court has tied the right to be free of unwanted government scrutiny to the concept of reasonable xpectations of privacy.[1] An evaluation of reasonable expectations depends, among other factors, upon an assessment of the intrusiveness of government action. When making such assessment historically the Court has considered police conduct with clear temporal, geographic, or substantive limits. However, in an era where new technologies permit the storage and compilation of vast amounts of personal data, things are becoming more complicated. A school of thought known as “mosaic theory” …
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Journal of Business & Technology Law
No abstract provided.
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journal of Business & Technology Law
No abstract provided.
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Journal of Business & Technology Law
No abstract provided.
Christopher V. Smithkline Beecham Corporation: An Unsurprising Loss For Pharmaceutical Sales Representatives And An Erosion Of Power For Administrative Agencies, Anna Johnston
Proxy
No abstract provided.
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron
Faculty Scholarship
On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and …
Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah
Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah
Journal of Business & Technology Law
No abstract provided.
A Commission On A Cyber Mission, Adrian Wilairat
A Commission On A Cyber Mission, Adrian Wilairat
Journal of Business & Technology Law
No abstract provided.
Dependence On Cyberscribes - Issues In E-Security, Thomas R. Mclean, Alexander B. Mclean
Dependence On Cyberscribes - Issues In E-Security, Thomas R. Mclean, Alexander B. Mclean
Journal of Business & Technology Law
No abstract provided.
Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover
Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover
Journal of Business & Technology Law
No abstract provided.
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor
Journal of Business & Technology Law
No abstract provided.
The Impact Of Local Patent Rules On Rate And Timing Of Case Resolution Relative To Claim Construction: An Empirical Study Of The Past Decade, Pauline M. Pelletier
The Impact Of Local Patent Rules On Rate And Timing Of Case Resolution Relative To Claim Construction: An Empirical Study Of The Past Decade, Pauline M. Pelletier
Journal of Business & Technology Law
No abstract provided.
Brown V. Entertainment Merchants Association: "Modern Warfare" On First Amendment Protection Of Violent Video Games, Jessica Fisher
Brown V. Entertainment Merchants Association: "Modern Warfare" On First Amendment Protection Of Violent Video Games, Jessica Fisher
Journal of Business & Technology Law
No abstract provided.
General Dynamics Corporation V. United States: An Unnecessary Distortion Of The State Secrets Privilege In The Contracting Context, Adam Spiers
Journal of Business & Technology Law
No abstract provided.
Biobanks As A Tissue And Information Semicommons: Balancing Interests For Personalized Medicine, Tissue Donors And The Public Health, Ken Gatter
Journal of Health Care Law and Policy
No abstract provided.
Indefinite Freeze?: The Obligations A Cryopreservation Bank Has To Abandoned Frozen Embryos In The Wake Of The Maryland Stem Cell Research Act Of 2006, Maggie Davis
Journal of Health Care Law and Policy
No abstract provided.