Law Commons^™

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 Economics Of Horizontal Government Cooperation (Working Paper), Matthew R. Dalsanto Ph.D.

Matthew R. DalSanto, Ph.D.

This paper analyzes the ability of intrastate and interstate cooperative agreements to either minimize or capitalize on interjurisdictional externalities. These agreements are commonly referred to as compacts or joint powers agreements (intrastate compacts). The compact mechanism allows regional governments to enter into contractual agreements with one another to coordinate policy choices and to engage in cooperative endeavors. Given the inter-jurisdictional nature of the issues that affect horizontally situated governments, this mechanism is a powerful tool to achieve welfare-enhancing outcomes for citizens.

A review of the legal case law surrounding compacts is conducted to analyze the legal properties from an economic …

Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew Taslitz

Andrew E. Taslitz

Abstract The rise of computer technology, the internet, rapid news dissemination, multi-tasking, and social networking have wrought changes in human psychology that alter how we process news media. More specifically, news coverage of high-profile trials necessarily focuses on emotionally-overwrought, attention-grabbing information disseminated to a public having little ability to process that information critically. The public’s capacity for empathy is likewise reduced, making it harder for trial processes to overcome the unfair prejudice created by the high-profile trial. Market forces magnify these changes. Free speech concerns limit the ability of the law to alter media coverage directly, and the tools available …

Multidimensional Governance And The Bp Deepwater Horizon Oil Spill, Hari Osofsky

Hari Osofsky

This Article explores the governance challenges posed by the BP Deepwater Horizon oil spill, and proposes strategies for developing more inclusive, responsive institutions to help meet them. It begins by analyzing the incident through five core dimensions—vertical, horizontal, direction of hierarchy, cooperativeness, and public-private—to demonstrate the multi-level, multi-actor interactions taking place in offshore drilling and oil spill regulation. It then explains the ways in which the complex interactions in these dimensions translate into four core governance challenges: scientific and legal uncertainty, simultaneous overlap and fragmentation, the difficulties of balancing efficiency and inclusion, and inequality and resulting injustice. The Article next …

The Accession Insight And Patent Infringement Remedies, Peter Lee

Peter Lee

How should property rights be allocated when one party, without authorization, substantially improves the property of another? According to the doctrine of accession, a good-faith improver may take title to such improved property, subject to compensating the original owner for the value of the source materials. While shifting title to a converter seems like a remarkable remedy, this merely highlights the equitable nature of accession, which aims for fair allocation of property rights and compensation between two parties who both have plausible claims to an improved asset.

This Article draws on accession—a physical property doctrine with roots in Roman civil …

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 …

Water, Climate, And Energy Security, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.

Copyright, Death, And Taxes, Edward Lee

Edward Lee

The Copyright Act of 1976 is due for a major revision in the 21st century, in order to keep pace with the advances in digital technologies. This Article offers a new alternative for copyright reform: tax law. Using the tax system as a way to modernize our copyright system offers several advantages. Most important, tax law can fix problems in our copyright system without violating the Berne Convention or TRIPS Agreement, and without requiring amendment to either treaty. Tax law can also be used to incentivize the copyright industries to adopt new, innovative approaches to copyright in ways that voluntary …

The Eavesdropping Employer: A Twenty-First Century Framework For Employee Monitoring, Corey A. Ciocchetti

Corey A Ciocchetti

The twenty-first century continues to usher in new and increasingly-powerful technology. This technology is both a blessing and a curse in the employment arena. Sophisticated monitoring software and hardware allow businesses to conduct basic business transactions, avoid liability, conduct investigations and, ultimately, achieve success in a competitive global environment. Employees can also benefit when monitoring provides immediate feedback, keeps the workforce efficient and focused and discourages unethical/illegal behavior. The same technology, however, allows employers to monitor every detail of their employees’ actions, communications and whereabouts both inside and outside the workplace. As more and more employers conduct some form of …

Thinking About Technology – Standard Bar Codes Beware- Smart Phone Users May Prefer Qr Codes, Darla W. Jackson

Darla W. Jackson

Quick Response (QR) codes are free to produce, allow access to data, and can be read with most smartphones. QR codes are already popular in some other countries and are gaining popularity in the United States. This article discusses this growing popularity and the reasons for it, how QR codes are being used in law libraries and the legal profession, and how they may be used by librarians in the future to add value through the marketing of professional and library services and by providing easy access to information from library resources.

Thinking About Technology – Watson, Answer Me This: Will You Make Librarians Obsolete Or Can I Use Free And Open Source Software And Cloud Computing To Ensure A Bright Future?, Darla W. Jackson

Darla W. Jackson

No abstract provided.