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Full-Text Articles in Law

Trade Secrets, Safe Harbors, And International Trade, W. Keith Robinson Jan 2017

Trade Secrets, Safe Harbors, And International Trade, W. Keith Robinson

SMU Science and Technology Law Review

The Trans-Pacific Partnership (TPP) is a proposed trade agreement that establishes terms for trade and business between the United States and eleven Pacific Rim nations. The United States has withdrawn from the TPP, but interest in the agreement remains because some of its provisions serve as a template for future international trade deals. This article focuses on the TPP provisions concerning trade secrets and Internet Service Provider (ISP) Safe Harbors. While both provisions mirror U.S. law, they do lack certain "safeguards." Commentators have observed that the absence of these safeguards unfairly favor the interests of large corporations and rights holders …


The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan Jan 2017

The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan

SMU Science and Technology Law Review

Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even arrestees have been required to surrender DNA samples; and this evidence has been used to exonerate hundreds of convicted individuals. DNA evidence is generally revered as the “gold …


Patents, Industrial Designs, And The Trans-Pacific Partnership: Articles 18.37–18.46 And 18.55–18.56, David O. Taylor, Aaron Pirouznia Jan 2017

Patents, Industrial Designs, And The Trans-Pacific Partnership: Articles 18.37–18.46 And 18.55–18.56, David O. Taylor, Aaron Pirouznia

SMU Science and Technology Law Review

This essay summarizes the articles of the Trans-Pacific Partnership dealing with patents and industrial designs, and compares and contrasts those articles with U.S. law and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).


The Gathering Swarm: The Path To Increasingly Autonomous Weapons Systems, Chris Jenks Jan 2017

The Gathering Swarm: The Path To Increasingly Autonomous Weapons Systems, Chris Jenks

Faculty Journal Articles and Book Chapters

Unbeknownst to many, Lethal Autonomous Weapons (LAWS) have existed for decades, but they have largely been defensive and anti-material. However, as increasingly advanced defensive LAWS, such as complex swarming systems, become more prominent, states will assuredly develop ways to counter, including offensive LAWS. Certainly, the near-term developmental focus of such systems will be on operational environments in which there are relatively low risk of injury or death to civilians or untoward incidents in general, but it is a matter of when, not if, these systems will be widely used in direct combat situations. As such, LAWS are a frequent topic …


Front Matter Jan 2017

Front Matter

SMU Science and Technology Law Review

No abstract provided.


The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, Arnold Loewy Jan 2017

The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, Arnold Loewy

SMU Science and Technology Law Review

No abstract provided.


Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness Jan 2017

Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness

SMU Science and Technology Law Review

Current Issue

Volume 20, Number 1 – The Privacy, Probability, and Political Pitfalls of Universal DNA Collection

Meghan J. Ryan 20 SMU Sci. & Tech. L. Rev. 3 Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even …


Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryyanen England Jan 2017

Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryyanen England

SMU Science and Technology Law Review

No abstract provided.


Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn Jan 2017

Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn

SMU Science and Technology Law Review

No abstract provided.


You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, Merissa Sabol Jan 2017

You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, Merissa Sabol

SMU Science and Technology Law Review

No abstract provided.


Front Matter Jan 2017

Front Matter

SMU Science and Technology Law Review

No abstract provided.


Foreword, Xuan-Thao Nguyen Jan 2017

Foreword, Xuan-Thao Nguyen

SMU Science and Technology Law Review

No abstract provided.


Thinking About The Trans-Pacific Partnership (And A Mega-Regional Agreement On Life Support), Peter K. Yu Jan 2017

Thinking About The Trans-Pacific Partnership (And A Mega-Regional Agreement On Life Support), Peter K. Yu

SMU Science and Technology Law Review

No abstract provided.


Much Ado About The Tpp’S Effect On Pharmaceuticals, Emily Michiko Morris Jan 2017

Much Ado About The Tpp’S Effect On Pharmaceuticals, Emily Michiko Morris

SMU Science and Technology Law Review

No abstract provided.


Copyright, Rights Management, And The Trans-Pacific Partnership: Best Practices, Cole Davis Jan 2017

Copyright, Rights Management, And The Trans-Pacific Partnership: Best Practices, Cole Davis

SMU Science and Technology Law Review

No abstract provided.


Trademark Boundaries: The Geography Of Non-Conventional Marks, Constance R. Lindman Jan 2017

Trademark Boundaries: The Geography Of Non-Conventional Marks, Constance R. Lindman

SMU Science and Technology Law Review

No abstract provided.


Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76), J. Janewa Osei-Tutu Jan 2017

Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76), J. Janewa Osei-Tutu

SMU Science and Technology Law Review

No abstract provided.


Criminal Sanctions And The Tpp: Section 18.77, Shawn Marie Boyne Jan 2017

Criminal Sanctions And The Tpp: Section 18.77, Shawn Marie Boyne

SMU Science and Technology Law Review

No abstract provided.


From Tpp To University: Transforming Technology Transfer, Hamid Piroozi Jan 2017

From Tpp To University: Transforming Technology Transfer, Hamid Piroozi

SMU Science and Technology Law Review

No abstract provided.


Beyond Tpp: Legal Reform For Financing Intellectual Property And Innovation In Vietnam, Xuan-Thao Nguyen Jan 2017

Beyond Tpp: Legal Reform For Financing Intellectual Property And Innovation In Vietnam, Xuan-Thao Nguyen

SMU Science and Technology Law Review

No abstract provided.


Toward A Knowledge-Based Economy: Tpp And Thailand’S Experience And Concerns, Apinya Bunditwuthisagul Jan 2017

Toward A Knowledge-Based Economy: Tpp And Thailand’S Experience And Concerns, Apinya Bunditwuthisagul

SMU Science and Technology Law Review

No abstract provided.


Multinational Efforts To Limit Intellectual Property Income Shifting: The Oecd’S Base Erosion And Profit Shifting (Beps) Project, Jeffrey Maine Jan 2017

Multinational Efforts To Limit Intellectual Property Income Shifting: The Oecd’S Base Erosion And Profit Shifting (Beps) Project, Jeffrey Maine

SMU Science and Technology Law Review

No abstract provided.


A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn Jan 2017

A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn

SMU Science and Technology Law Review

No abstract provided.


Financial Technology Law - A New Beginning And A New Future, George Walker Jan 2017

Financial Technology Law - A New Beginning And A New Future, George Walker

The International Lawyer

No abstract provided.


Distributed Governance, Carla L. Reyes, Nizan Geslevich Packin, Bejamin Edwards Jan 2017

Distributed Governance, Carla L. Reyes, Nizan Geslevich Packin, Bejamin Edwards

Faculty Journal Articles and Book Chapters

Distributed ledger technology enables disruption of traditional business organizations by introducing new business entities without the directors and officers of traditional corporate entities. Although these emerging entities offer intriguing possibilities, distributed entities may suffer significant collective action problems and expose investors to catastrophic regulatory and governance risks. Our essay examines key considerations for stakeholders and argues that distributed entities must be carefully structured to function effectively.

This essay breaks new ground by critically examining distributed entities. We argue that a distributed model is most appropriate when DLT solves a unique corporate governance problem. We caution against ignoring the lessons painstakingly …


Conceptualizing Cryptolaw, Carla L. Reyes Jan 2017

Conceptualizing Cryptolaw, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Sweden transfers its real property recording system to the blockchain, a software protocol that enables public, cryptographically secure transaction verification without reliance upon a trusted third party. Dubai plans to issue blockchain-based government documents. The United States Department of Health and Human Services investigates blockchain-based systems for managing health data. Illinois explores blockchain-based applications for use in the Illinois government. News of governments and public-private partnerships developing blockchain-based legal applications increasingly splash across the headlines; however the law-makers using blockchain and other Distributed Ledger Technology (DLT) systems to implement legal processes do not systematically consider the broader implications of their …