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Full-Text Articles in Law
Open Access In A Closed Universe: Lexis, Westlaw, Law Schools And The Legal Information Market, Olufunmilayo Arewa
Open Access In A Closed Universe: Lexis, Westlaw, Law Schools And The Legal Information Market, Olufunmilayo Arewa
Olufunmilayo B. Arewa
This Article considers issues of open access from the context of the broader legal information industry as a whole. The structure and contours of the legal information industry have shaped the availability of legal scholarship and other legal information. The competitive duopoly of Lexis and Westlaw is a particularly important factor in considerations of open access. Also significant is the relationship between Lexis and Westlaw and law schools, which form an important market segment for both Lexis and Westlaw. This Article begins by considering the important role information plays in the law. It then notes the increasing industry concentration that …
Digital Media & Intellectual Property: Management Of Rights And Consumer Protection In A Comparative Analysis, Nicola Lucchi
Digital Media & Intellectual Property: Management Of Rights And Consumer Protection In A Comparative Analysis, Nicola Lucchi
Nicola Lucchi
Digital Media & Intellectual Property is a comparative research that analyzes the legal and tecnological emerging issues in the Intellectual Property Rights arena. The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media. It describes the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular, the author analyzes the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe, and …
The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann
The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann
Michael D. Mann
This Comment explores how television shows such as CSI and Law & Order have created heightened juror expectations in courtrooms across America. Surprise acquitals often have prosectors scratching their heads as jurors hold them to this new "Hollywood" standard. The Comment also analyzes the CSI phenomena by reflecting on past legal television shows that have influenced the public's perception of the legal profession and how the "CSI effect" has placed an even greater burden on parties to proffer some kind of forensic evidence at trial.
The Comment was published in volume 24 of the Buffalo Public Interest Law Journal (2006).
Regulatory Supervision Of Emerging Technologies: A Case For Nanotechnology In India, Nupur Chowdhury
Regulatory Supervision Of Emerging Technologies: A Case For Nanotechnology In India, Nupur Chowdhury
Nupur Chowdhury
Regulatory supervision of emerging technologies is seen as unfriendly to business ventures entering uncharted areas. However, technologies like nanotechnology should be supervised as they pose potential environmental risks and health hazards. The initial investments into research in such technologies are public-funded and, hence, it is important to consider questions of efficiency in resource allocation, the need for transparency and public involvement in decision-making.
The Methamphetamine Remediation Research Act Of 2005: Just What The Doctor Ordered For Cleaning Up Methfields—Or Sugar Pill Placebo?, Aaron R. Harmon
The Methamphetamine Remediation Research Act Of 2005: Just What The Doctor Ordered For Cleaning Up Methfields—Or Sugar Pill Placebo?, Aaron R. Harmon
Aaron R. Harmon
Methamphetamine labs can be set up anywhere. One batch of methamphetamine produces five to seven pounds of toxic byproduct. These contaminants are often dumped at the production site and, along with airborne contaminants from the cooking process, leave behind a “methfield.” States have developed widely divergent standards for methfield remediation. This Comment examines the solution proposed under the Methamphetamine Remediation Research Act of 2005 (“MRRA”). Part II provides some background on methamphetamine use, production, and cleanup. Part III reviews how methfields have been addressed by state and federal agencies. Part IV evaluates the MRRA and assesses its potential contributions to …
Demystifying Clickstream Data: A European And Us Perspective, Rebecca Wong, Daniel B. Garrie
Demystifying Clickstream Data: A European And Us Perspective, Rebecca Wong, Daniel B. Garrie
Dr Rebecca Wong
Clickstream data is an issue that cannot be ignored by non-EEA data controllers, data protection authorities, legislators and the judiciary. In this paper, the notion of clickstream data is discussed in the context of the European data protection framework and the US legal framework. This article considers the extent to which clickstream data is protected as “personal data” under the European Data Protection Directive 95/46/EC. The article discusses the impact of the Wiretap Act 18 U.S.C. § 2701 (2004) and related statutes. The paper calls for more discussion and guidelines by data protection authorities into the notion of clickstream data …
From J.C. Bach To Hip Hop: Musical Borrowing, Copyright And Cultural Context, Olufunmilayo B. Arewa
From J.C. Bach To Hip Hop: Musical Borrowing, Copyright And Cultural Context, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
Musical borrowing is a pervasive aspect of musical creation in all genres and all periods. Copyright doctrine does not adequately reflect the reality of such borrowing. Instead, copyright doctrine incorporates notions of Romantic authorship that assume independent and autonomous authorship and even genius in the creation of original musical works. This individualistic and autonomous vision of musical authorship, which is central to copyright law, has deemphasized the importance and continuity of musical borrowing practices generally. The tension between conceptions of musical production and actual music practice is particularly highlighted in the case of hip hop music, which is now the …
Dmca Anti-Circumvention Provisions In A Different Light: Perspectives From Transnational Observation Of Five Jurisdictions, Richard Li-Dar Wang
Dmca Anti-Circumvention Provisions In A Different Light: Perspectives From Transnational Observation Of Five Jurisdictions, Richard Li-Dar Wang
Richard Li-dar Wang
In order to cope with the challenge posed by high-quality digital copying of copyrightable works, the World Intellectual Property Organization (WIPO) and a number of its members have determined to incorporate anticircumvention provisions in 1996 WIPO Copyright Treaty (WCT) and their domestic copyright laws. Even though these countries adopted this brand new regulation close in time, they approached the same problem in quite different manners, especially divergent with regard to public domain and fair use privileges. Since the two limitations on copyright play a key role in preserving free dissemination of information and preventing authors from over-asserting their exclusive rights, …
No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert
No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert
William A. Herbert
No abstract provided.