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Full-Text Articles in Law
Global Innovation Law, P. Sean Morris
Global Innovation Law, P. Sean Morris
Northern Illinois University Law Review
This Article is about opening up a debate on global innovation law. The Article argues that a new hybrid area of transglobal law has emerged in the past decade due to the rise of various disruptive and technological challenges to law beyond the state. As such, the Article argues that global innovation law is a new field that encapsulates the dynamics of law making and regulatory governance in how law operates in a transglobal environment. With the rapid changes in law and regulation to meet the demands of the global economy--the interaction of law and these changes at the domestic …
How The Lack Of Prescriptive Technical Granularity In Hipaa Has Compromised Patient Privacy, Tim Wafa
How The Lack Of Prescriptive Technical Granularity In Hipaa Has Compromised Patient Privacy, Tim Wafa
Northern Illinois University Law Review
This article argues that HIPAA legislation has a severe flaw within its architecture, which has compromised patient privacy. Although the drafters of the legislation recognized the importance of providing comprehensive federal legislation to improve regulatory uniformity amongst states, they failed to recognize the importance highly specific ("granular") technical requirements play in facilitating improved privacy for patients. HIPAA rules surrounding technology implementation give too much latitude to covered entities, and as a result, provide inadequate protection to protected health information. HIPAA rules should be amended to mandate baseline technical ("granular") standards to ensure uniform efficacy in the safeguarding of protected health …
Xm Lawsuit: Threats To The Incentive Model Of Copyright Genesis And The Obsolescence Of The Ahra In A Digital Age Of Hybrid Technology, Jay W. Ferguson
Xm Lawsuit: Threats To The Incentive Model Of Copyright Genesis And The Obsolescence Of The Ahra In A Digital Age Of Hybrid Technology, Jay W. Ferguson
Northern Illinois University Law Review
This article examines Atlantic Records Corp. v. XM Satellite Radio Inc. The current litigation offers a prime example of various ways in which the United States Copyright Act is unable to pace current technological trends with respect to the hybridization of technology. This article explores the nature of the current litigation and the fact that the litigation is entirely device-driven; the applicability, interpretation and purpose of the Audio Home Recording Act; threats to the incentive model of copyright genesis; and a call for device-neutral legislation that focuses on particular acts of infringement rather than measuring a device's capabilities as a …
The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift
The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift
Northern Illinois University Law Review
The benefits accrued through the use of computer and technological advances unfortunately sometimes infringe upon personal liberties. This comment examines the range and scope of the Exclusionary Rule in those instances when computer or technological errors supply improper evidence about individuals to police. The author focuses on the Supreme Court decision in United States v. Evans, and then places Evans in its context in criminal procedure jurisprudence.
Protecting Informational Privacy In The Information Society, George B. Trubow
Protecting Informational Privacy In The Information Society, George B. Trubow
Northern Illinois University Law Review
The ways in which technology has affected the right to privacy, through the mass compilation of personal information in public and private databases, are discussed in this article. Further, it suggests ways in which courts and legislatures should respond to the problems created by such compilations, in order both to protect the right to privacy and to promote the beneficial use of technology.