Law Commons^™

The Countervailing Interests Of The Progression And Application Of Biotechnological Innovation Supporting The Modification Of Current Exclusionary Property Rights, Sebastian Ohanian

Sebastian Ohanian

This paper will describe current hurdles in stem cell research and determine the legal landscape necessary to facilitate advancements in the field with a specific emphasis on Moore v. Regents of the University of California, its progeny, and applicable federal policies. This article will begin with an introduction to the scientific significance of stem cells and the tools that scientists require to perform genetic research, describe the barriers impeding research, examine recent changes in policy, and propose modifications to policies to maximize growth in the field.

Kids These Days: Teenage Sexting And How The Law Should Deal With It, Michael Parker

Michael R Parker

Since time immemorial members of the youngest generation have managed to create new and unique ways to offend and disgust their predecessors. The most recent of these is “sexting.” Sexting, the practice of sending or posting sexually suggestive text messages and images via cell phone or internet, is a new phenomenon which has recently gained significant momentum. In fact, according to a recent study, almost twenty-percent of all teens have participated. And although this new trend is socially acceptable amongst teenagers, the legislature has been slow, if not absent, in adapting legislation to address it. Almost every state continues to …

Safety In Numbers?: Deciding When Dna Alone Is Enough To Convict, Andrea L. Roth

Andrea L Roth

Fueled by police reliance on offender databases and advances in crime scene recovery, a new type of prosecution has emerged in which the government's case turns on a match statistic explaining the significance of a “cold hit” between the defendant’s DNA profile and the crime-scene evidence. Such cases are unique in that the strength of the match depends on evidence that is nearly entirely quantifiable. Despite the growing number of these cases, the critical jurisprudential questions they raise about the proper role of probabilistic evidence, and courts’ routine misapprehension of match statistics, no framework currently exists – including a workable …

Copyright Infringement And Harmless Speech, Christina Bohannan

Christina Bohannan

Copyright law is a glaring and unjustified exception to the rule that the government may not prohibit speech without a showing that it causes harm. While the First Amendment sometimes protects even harmful speech, it virtually never allows the prohibition of harmless speech. Yet, while other speech-burdening laws, such as defamation and right of publicity laws, require demonstrable evidence that the defendant’s speech causes actual harm, copyright law does not make harm a requirement of infringement. Although copyright law considers harm to the market for the copyrighted work as a factor in fair use analysis, harm is not always required …

Science, Public Bioethics, And The Problem Of Integration, Orlando Carter Snead

O. Carter Snead

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decisionmaking. It has captured the attention of officials in every branch of government, as well as the American public. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decisionmaking) continue to roil the public square.

This article examines the question of how scientific methods and principles can and …

Once More Unto The Breach: An Analysis Of Legal, Technological And Policy Issues Involving Data Breach Notification Statutes, Dana J. Lesemann

Dana J Lesemann

Once More Unto the Breach: An Analysis of Legal, Technological, and Policy Issues Involving Data Breach Notification Statutes Dana J. Lesemann Companies facing the loss of a laptop or a compromised server have long waged battles on several fronts: investigating the source of the breach, identifying potentially criminal behavior, retrieving or replicating lost or manipulated data, and putting better security in place, to name a few generalized steps. As recently as seven years ago, the broader consequences of a data breach were largely deflected from the party on whose resource the data resided and instead rested essentially on those whose …

Noonan V. Staples: Libel Law’S Shocking New Precedent And What It Means For The Motion Picture Industry, Lindsee Gendron

Lindsee Blair Gendron

No abstract provided.

Interoperability-Centric Problems: New Challenges And Legal Solutions, Turgut Ayhan Beydogan

Turgut Ayhan Beydogan Dr.

Whereas abandonment of detailed regulation is widely asserted to be the true way along with the fluctuations of the business models and emergence of IP-based services, there still remain unanswered questions about regulatory treatment of interoperability in the converging environment of ICT markets. While interoperability is covered under mandatory solutions under a number of EU Directives, i.e. Access and Framework Directives, how to understand and reinforce it within converging markets, i.e. new media, telecom and IT markets is unclear on part of regulators as well as many practitioners. While generally interoperability requirements are determined in a disjunctive manner in separate …

On Abstraction And Equivalence In Software Patent Doctrine: A Reply To Bessen, Meurer And Klemens, Andrew Chin

Andrew Chin

Recent books by Professors James Bessen and Michael Meurer and by economist Ben Klemens have argued that software warrants technology-specific treatment in patent doctrine. This article argues that the authors' categorical claims about software are unsupported by computer science, and therefore cannot support their sweeping proposals regarding software patents as a matter of law. Such proposals therefore remain subject to empirical examination and critique as policy choices, and are unlikely to be achieved through judicially developed doctrines.

The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh

Robert B. Ahdieh

The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh

Robert B. Ahdieh

The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh

Robert B. Ahdieh

All The Wild Possibilities: Technology That Attacks Barriers To Access To Justice, Ronald Staudt

Ronald W Staudt

No abstract provided.

Transforming Legal Aid, Ronald W. Staudt

Ronald W Staudt

No abstract provided.

Facebook 2 Blackberry And Database Trading Systems: Morphing Social Networking To Business Growth In A Global Recession, Roger M. Groves

Roger M. Groves

FACEBOOK 2 BLACKBERRY AND DATABASE TRADING SYSTEMS: MORPHING SOCIAL NETWORKING TO BUSINESS GROWTH IN A GLOBAL RECESSION Summary Facebook has now applications to the Blackberry Smartphone and IPhone. And Facebook has exploded internationally. If the Facebook social networking technology has applications to Blackberry, why not business? And as any business looks for growth, the market is not an existing heavily saturated United States, but a global market. Can the Facebook model of data sharing be customized to propel US technology firms into new international markets? This article claims the affirmative, through a multilateral clearing system, with credits and vouchers, as …