Law Commons^™

Technology Comes To The Courtroom, And . . ., Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

Special Challenges To 21st Century Lawyers: The Use And Misuse Of Technology, Fredric I. Lederer, Richard K. Herrmann, Jan Michelsen, Andrew Mertens

Fredric I. Lederer

No abstract provided.

Some Thoughts On Technology And The Practice Of Law, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

Revolution In Courtroom Technology Presents Opportunity And Risk, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

Judging In The Age Of Technology, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

Empirical Research Report: The Use Of Technology In The Jury Room To Enhance Deliberations, Fredric I. Lederer

Fredric I. Lederer

Modern courtroom technology permits the use of technology in the jury deliberation room to enhance deliberations in both traditional trials and technology-augmented cases. SJI-funded research conducted by the Courtroom 21 Project surveyed the law of the United States with respect to statutory and case law governing the use of exhibits during deliberations; surveyed the state courts and, with the assistance of the Federal Judicial Center, the United States district courts concerning their deliberation practices and courtroom technology use; and conducted two controlled studies of the use of deliberation room technology in both traditional and technology-augmented trials. The Courtroom 21 protocol …

Courtroom Technology In The 21st Century, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

The Fourth Amendment And New Technologies: Constitutional Myths And The Case For Caution, Orin S. Kerr

Orin Kerr

To one who values federalism, federal preemption of state law may significantly threaten the autonomy and core regulatory authority of The Supreme Court recently considered whether a1mmg an infrared thermal imaging device at a suspect's home can violate the Fourth Amendment. Kyllo v. United States announced a new and comprehensive rule: the government's warrantless use of senseenhancing technology that is "not in general use" violates the Fourth Amendment when it yields "details of the home that would previously have been unknowable without physical intrusion." Justice Scalia's majority opinion acknowledged that the Court's rule was not needed to resolve the case …

Congress, The Courts, And New Technologies: A Response To Professor Solove , Orin S. Kerr

Orin Kerr

No abstract provided.

Resilience: Building Better Users And Fair Trade Practices In Information, Andrea M. Matwyshyn

Andrea Matwyshyn

Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.

In the discourse on communications and new media policy, the average consumer-the user-is frequently eliminated from the equation. This Article presents an argument rooted in developmental psychology theory regarding the ways that users interact with technology and the resulting implications for data privacy law. Arguing in favor of a user-centric construction of policy and law, the Author introduces the concept of resilience. The concept of resilience has long been discussed in …

Touching, Tapping, And Talking: The Formation Of Contracts In Cyberspace, Mark E. Budnitz

Mark E. Budnitz

No abstract provided.

Regulating Fintech, William Magnuson

William J. Magnuson

The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. But the financial regulatory reforms enacted since the crisis have been premised on an outdated idea of what financial services look like and how they are provided. Regulation has failed to take into account the rise of financial technology (or “fintech”) firms and the fundamental changes they have ushered in on a variety of fronts, from the way that banking works, to the …

Clean Energy Federalism, Felix Mormann

Felix Mormann

Legal scholarship tends to approach the law and policy of clean energy from an environmental law perspective. As hydraulic fracturing, renewable energy integration, nuclear reactor (re)licensing, transport biofuel mandates, and other energy issues have pushed to the forefront of the environmental law debate, clean energy law has begun to emancipate itself. The emerging literature on clean energy federalism is a symptom of this emancipation. This Article adds to that literature by offering two case studies, a novel model for policy integration, and theoretical insights to elucidate the relationship between environmental federalism and clean energy federalism.

Renewable portfolio standards and feed-in …

Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan

Donald J. Kochan

High Technology Entrepreneurs And The Patent System: Results Of The 2008 Berkeley Patent Survey, Stuart J. H. Graham, Robert P. Merges, Pam Samuelson, Ted Sichelman

Robert P Merges

No abstract provided.

Technology And The Classroom: Bringing Twenty-First Century Technologies To The Law Library, Darin K. Fox

Darin K. Fox

No abstract provided.

Ispy: Threats To Individual And Institutional Privacy In The Digital World, Lori Andrews

Lori B. Andrews

Training Lawyer-Entrepreneurs, Luz E. Herrera

Luz Herrera

The Great Recession has caused many new attorneys to question their decisions to go to law school. The highly publicized decline in employment opportunities for lawyers has called into question the value of obtaining a law degree. The tightening of the economy has diminished the availability of entry-level jobs for law graduates across employment sectors. Large law firms are laying-off lawyers, bringing in smaller first year associate classes, hiring more contract and experienced lateral attorneys. Government entities and public interest organizations have suffered furloughs, and hiring freezes, and are relying more on volunteers than on new employees to get the …

Law School Based Incubators And Access To Justice – Perspectives From Deans, Patricia E. Salkin, Ellen Suni, Niels Schaumann, Mary Lu Bilek

Patricia E. Salkin

At the end of February 2015, law professors, law deans, incubator staff and attorneys, and self-selected others gathered at California Western School of Law for the Second Annual Conference on Law School Incubators and Residency Programs. The incubators that are the subject of this article tend to focus on transition to law practice and access to justice, and some are also working to incorporate technology for the practice of law as a means of enhancing access to justice. As more law schools decide to host, sponsor or offer an incubator, and following our panel discussion at the February 2015 incubator …

Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen

Sonia Katyal

No abstract provided.

The Right To Be Forgotten V. Free Speech (Symposium) (Forthcoming), Edward Lee

Edward Lee

No abstract provided.

Recognizing Rights In Real Time: The Role Of Google In The Eu Right To Be Forgotten, Edward Lee

Edward Lee

No abstract provided.

Private Technology (Foreword), Daniel Harris Brean

Daniel Harris Brean

Can Dna Be Speech?, Jorge R. Roig

Jorge R Roig

Rule Of Reason Analysis Of Horizontal Arrangements: Agreements Designed To Advance Innovation And Commercialize Technology, Thomas Jorde, David Teece

Thomas Jorde

Articulates the procompetitive and efficiency reasons in the cooperation of competitors in the U.S. Outline of the application of the rule of reason analysis to horizontal arrangements; Agreements to advance innovation and commercialize technology; Importance of innovation to social welfare.

Innovation, Cooperation And Antitrust, Thomas Jorde, David Teece

Thomas Jorde

Contends that antitrust is a factor in impeding innovation and subsequent profitable commercialization in the US. Partial contents: Industrial organization and innovation: comparisons between Japan, Europe and the U.S.; Impact of antitrust law on alliances to facilitate innovation.

Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio

Giancarlo Francesco Frosio

In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift. Again, at the time of the British …

Congressional Cybersecurity Oversight: Who’S Who And How It Works, Lawrence J. Trautman

Lawrence J. Trautman Sr.

Cybersecurity remains perhaps the greatest challenge to the economic and physical well being of governments, individuals, and business worldwide. During recent months the United States has witnessed many disruptive and expensive cyber breaches. No single U.S. governmental agency or congressional committee maintains primary responsibility for the numerous issues related to cybersecurity. Good oversight stands at the core of good government. Oversight is Congress’s way of making sure that the administration is carrying out federal law in the way Congress intended. So many aspects of cybersecurity have the potential for use by: terrorists; by foreign entities as a tool to conduct …

A Method For Reforming The Patent System, Peter Menell

Peter Menell

The principal recent studies of patent reform (NAS (2004), FTC (2003), Jaffe and Lerner (2004)) contend that a uniform system of patent protection must (or should) be available for "anything under the sun made by man" based upon one or more of the following premises: (1) the Patent Act requires this breadth and uniformity of treatment; (2) "discriminating" against any particular field of "technology" would be undesirable; (3) discrimination among technologies would present insurmountable boundary problems and could easily be circumvented through clever patent drafting; and (4) interest group politics stand in the way of excluding any subject matter classes …

Bankruptcy Treatment Of Intellectual Property Assets: An Economic Analysis, Peter S. Menell

Peter Menell

No abstract provided.