Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Scientific evidence (9)
- Expert witnesses (7)
- Technology (4)
- Access to information (2)
- Antitrust law (2)
-
- Economics (2)
- Psychology (2)
- Administrative Office of the United States Courts (1)
- Admissibility (1)
- Advocacy (1)
- Agreement on Sanitary and Phytosanitary Measures (1)
- Appellate collegiality (1)
- Appellate infrastructure (1)
- Behavior (1)
- Behavioral biology (1)
- Bias (1)
- Brain development (1)
- CD-Rom brief (1)
- Carmichael (1)
- Child development (1)
- Child neglect (1)
- Child protection (1)
- Children (1)
- Communications (1)
- Community Legal Education (1)
- Copyright law (1)
- Crimes (1)
- Damage (1)
- Damage award (1)
- Darwinism (1)
Articles 1 - 30 of 52
Full-Text Articles in Law
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Michigan Law Review
The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The …
The Technologically Enabled Legal Services Delivery System From The Perspective Of Senior Management, John A. Tull
The Technologically Enabled Legal Services Delivery System From The Perspective Of Senior Management, John A. Tull
University of the District of Columbia Law Review
No abstract provided.
Technology Assisted Advocacy, Julia R. Gordon
Technology Assisted Advocacy, Julia R. Gordon
University of the District of Columbia Law Review
This paper creates a technology assisted advocacy scenario. It follows the events in the client access scenario paper by Mike Genz, taking the client Maria into a case requiring the full services of an advocate. Each step in the scenario is followed by a discussion that explores some of the work that would need to be done to make this scenario a reality.
Technology And Client Community Access To Legal Services - Suggestive Scenarios On Community Legal Education, Intake And Referral And Pro Se, Michael Genz
University of the District of Columbia Law Review
The papers prepared for the Conference provide a broad perspective on emerging technologies and the potential they offer Legal Services. This paper, building on those perspectives, first offers a real world scenario showing how these technologies might be deployed to maximize client and community access to Legal Services resources. For each scenario, the paper then lays out what needs to be in place - technologically, managerially and institutionally, for the scenario to be made real.
New Technologies And Appellate Practice, Philip A. Talmadge
New Technologies And Appellate Practice, Philip A. Talmadge
The Journal of Appellate Practice and Process
Technology can help enhance appellate practices. In particular, technology can improve appellate courts’: (1) electronic filing and argument of appellate cases; (2) digital maintenance of the record; (3) briefs; (4) dissemination of opinions; and (5) record storage.
Cd-Rom Briefs: Are We There Yet?, Marilyn Devin
Cd-Rom Briefs: Are We There Yet?, Marilyn Devin
The Journal of Appellate Practice and Process
Three years after the first CD-ROM brief was accepted, there is debate on acceptance as a regular practice. Issues include what the legal profession and the courts have done about adopting CD-ROM briefs, what obstacles are being encountered, and how those obstacles are being dealt with. Both views are examined along with the circumstances in which a CD-ROM brief is likely to be accepted favorably by a court.
Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
The Journal of Appellate Practice and Process
In an effort to provide affordable access to the appellate process, the Minnesota Court of Appeals has adopted Interactive Video Teleconferencing. The Chief Judge of the Minnesota Court of Appeals discusses the history behind the decision, implementation, and the benefits along with the challenges of implementing Interactive Video Teleconferencing.
Collegiality And Technology, Michael R. Murphy
Collegiality And Technology, Michael R. Murphy
The Journal of Appellate Practice and Process
Collegiality is the relationship between colleagues. While technology may ease communication between colleagues, it may not increase collegiality. To technological advances that appellate courts are adapting are teleconferencing and electronic mail. This essay takes a critical look at both with regards to their effect on collegiality.
The 1% Solution: American Judges Must Enter The Internet Age, Henry H. Perritt, Ronald W. Staudt
The 1% Solution: American Judges Must Enter The Internet Age, Henry H. Perritt, Ronald W. Staudt
The Journal of Appellate Practice and Process
The internet has made it easier and affordable to share information than ever before. Many legal institutions have taken advantage of this innovation by using the internet to disseminate decisions and other legal texts or for rulemaking. Most legal institutions, however, only use the internet for approximately 1% of adjudication.
Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather
Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather
The Journal of Appellate Practice and Process
Appellate courts are unable to “smell the smoke of battle” from a trial. For this reason, a trial court’s decision is owed deference when examining an appeal. Video technology makes this reason for deference less relevant.
Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan
Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan
The Journal of Appellate Practice and Process
Issuing preliminary opinions for public comment is similar to rehearings. The difference is that parties outside of the litigation are able to add commentary. Judges would then reevaluate the preliminary opinion, consider the submitted comments, and then issue a final opinion. Online access to judicial decisions could make this practice more efficient and effective than rehearings.
Pursuing Transparency Through Science Courts, Thomas G. Field Jr.
Pursuing Transparency Through Science Courts, Thomas G. Field Jr.
RISK: Health, Safety & Environment (1990-2002)
[Excerpt] "The frequency and magnitude of risks and benefits are facts. The acceptability of risks associated with particular benefits is not. In the best of all worlds, normative choices based on facts would be made directly by persons at risk. We do not have the best of all worlds. As we move from consumer to occupational and environmental risks, political transparency increasingly must substitute for individual autonomy. When we cannot each have our way, we should be able to decide which facts are important, to have access to such facts and to be able to influence decisions based on them."
Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz
Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz
Michigan Telecommunications & Technology Law Review
...information content providers who depend heavily on copyright law are growing increasingly wary of advances in digital technology that allow manipulation of their content and potentially diminish the effectiveness of their copyright protection. Technology firms, on the other hand, are looking more and more at developing products which provide low-cost, high quality access to content without restriction. Thus, as technologists work feverishly to find new ways to free up information, content providers are fighting just as hard to constrain access in order to prevent market-killing duplication and distribution of their works. These two codependent yet clashing interest groups recently met …
Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein
Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein
University of Michigan Journal of Law Reform
Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger …
The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon
The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon
Washington and Lee Law Review
No abstract provided.
Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse
Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse
Michigan Law Review
Among the most common critiques of globalization is that it increasingly constrains the ability of democratic communities to make unfettered choices about policies that affect the fundamental welfare of their citizens, including those of health and safety, the environment, and consumer protection. Traditionally, free trade rules were about constraining border measures such as tariffs and quantitative restrictions on imports. Increasingly, however, such rules include requirements and constraints addressed directly to domestic regulation. For example, a country's policies with respect to intellectual property rights or its regulatory approach to network industries, such as telecommunications, may now be fundamentally shaped by rules …
Defining The."Task At Hand": Non-Science Forensic Science After Kumho Tire Co. V. Carmichael, D. Michael Risinger
Defining The."Task At Hand": Non-Science Forensic Science After Kumho Tire Co. V. Carmichael, D. Michael Risinger
Washington and Lee Law Review
No abstract provided.
Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil
Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil
Washington and Lee Law Review
No abstract provided.
Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin
Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin
Washington and Lee Law Review
No abstract provided.
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
Washington and Lee Law Review
No abstract provided.
Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding
Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding
Washington and Lee Law Review
No abstract provided.
Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks
Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks
Washington and Lee Law Review
No abstract provided.
Violence Risk Assessment: Scientific Validity And Evidentiary Admissibility, John Monahan
Violence Risk Assessment: Scientific Validity And Evidentiary Admissibility, John Monahan
Washington and Lee Law Review
No abstract provided.
On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones
On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones
Michigan Law Review
For a long time - and through the now-quaint division of disciplines - morals and norms have been set apart from other behaviorbiasing phenomena. They have also been set apart from each other. Morals are generally ceded in full to philosophers. Norms have been ceded to sociologists. In retrospect, it is not clear why this should be so. Reality is notoriously impervious to taxonomy, and the axis supposedly distinguishing morals from other norms is, after all, arbitrary. Moreover, behavior-biasing phenomena interact in important ways, making the study of parts - without more - just the study of parts. But one …
The Case For A U.S. Privacy Commissioner: A Canadian Commissioner’S Perspective, 19 J. Marshall J. Computer & Info. L. 1 (2000), William S. Challis, Ann Cavoukian
The Case For A U.S. Privacy Commissioner: A Canadian Commissioner’S Perspective, 19 J. Marshall J. Computer & Info. L. 1 (2000), William S. Challis, Ann Cavoukian
UIC John Marshall Journal of Information Technology & Privacy Law
The demands of social democratic government, the growth of electronic commerce, and the advance of technology have fueled the debate over internet privacy. Technology offers unprecedented opportunities but can also become tools of abuse. Debate in the United States centers around the conflicting interests of industry self-control versus government regulation. Technological and market-based solutions are ineffective because they lead to inadequate and inconsistent protection. Many user-driven privacy choices can impede the growth of consumer trust. Voluntarily adopted privacy policies are either extremely limited or easily circumvented with tracking technology that allows no consumer control over the collection of their personal …
Recent Developments In Private Sector Personal Data Protection In Australia: Will There Be An Upside Down Under, 19 J. Marshall J. Computer & Info. L. 71 (2000), Paul Kelly
UIC John Marshall Journal of Information Technology & Privacy Law
Although the United States enacted the one of the first data protection laws, many Americans are suspicious of European data protection regulations. The U.S. and Japan are notable exceptions to the modern trend toward comprehensive informational privacy regulation. European data protection laws are stricter, more comprehensive, and more bureaucratic than non-European counterparts. Newer regulatory models, such as those introduced in Australia, provide an acceptable compromise between the American self-regulatory approach and the comprehensive European approach. Australia has a federal agency responsible for administering its information privacy laws and is moving towards a co-regulatory approach between government and the private sector.
Protecting Individual On-Line Privacy Rights: Making The Case For A Separately Dedicated, Independent Regulatory Agency, 19 J. Marshall J. Computer & Info. L. 93 (2000), Jack Karnes
UIC John Marshall Journal of Information Technology & Privacy Law
Few issues have caused more legal consternation than the level to which individual online privacy rights should be protected. Modern equipment and software enables those who seek to violate privacy rights render a less knowledgeable citizen helpless. Traditional privacy protection is inadequate to protect a fundamental right. Neither Congress nor the courts have dealt with the issue in an effective manner like they have dealt with other areas like telephone and wireless phone communications. The online privacy dilemma is reaching a crisis point. Employers are able to monitor employees’ uses of equipment to prevent any and all personal uses of …
The De Facto Federal Privacy Commission, 19 J. Marshall J. Computer & Info. L. 109 (2000), Steven Hetcher
The De Facto Federal Privacy Commission, 19 J. Marshall J. Computer & Info. L. 109 (2000), Steven Hetcher
UIC John Marshall Journal of Information Technology & Privacy Law
The United States is well on its way to having a federal agency that regulates online privacy. In the last five years, the Federal Trade Commission (FTC) has assumed increasing jurisdiction over online privacy. The FTC’s true intent to regulate online privacy became evident when it recommended that Congress enact legislation to strengthen its growing power to regulate internet privacy. The FTC uses threats of administrative enforcement actions to guide industry self-regulation through the use of unfair trade practices actions. The FTC acts because consumers feel entitled to data privacy and promotes Web site privacy practices through education and attempts …
Regulating The Free Flow Of Information: A Privacy Czar As The Ultimate Big Brother, 19 J. Marshall J. Computer & Info. L. 37 (2000), Jonathan M. Winer
Regulating The Free Flow Of Information: A Privacy Czar As The Ultimate Big Brother, 19 J. Marshall J. Computer & Info. L. 37 (2000), Jonathan M. Winer
UIC John Marshall Journal of Information Technology & Privacy Law
The free flow if information is critical to open society. In the United States, the tradition of open information provides the intellectual oxygen for the development American freedom, knowledge, technology, and commerce. In contrast to the right to communicate and obtain information, privacy is not an established right in the United States, except with respect to physical trespass by the government and reproductive freedom. A federal privacy czar would necessarily limit the unauthorized collection, use, and dissemination of personal information. Privacy czars invariably become privacy advocates and take active stances to discourage the free flow of information about persons and …
Pornography, Privacy, And Digital Self-Help, 19 J. Marshall J. Computer & Info. L. 133 (2000), Tom W. Bell
Pornography, Privacy, And Digital Self-Help, 19 J. Marshall J. Computer & Info. L. 133 (2000), Tom W. Bell
UIC John Marshall Journal of Information Technology & Privacy Law
Pornography and privacy share a subtle relationship in internet law and policy. Legislation attempting to restrict online speech considered indecent or harmful to minors is subject to exacting scrutiny. Legislation that regulates online speech thought to be harmful to its readers because of privacy concerns should be subjected to the same level of scrutiny. The availability of self-help remedies should govern the scope of legislation affecting online privacy and the alternatives offered by digital self-help solutions makes state regulation constitutionally suspect and functionally inferior. Self-help can be more effective than legislation in protecting online privacy. Cookie management software, use of …