Law Commons^™

Nailing Jello To A Tree: A Christian Approach To Ethics In Intelligence, Melanie Scherpereel

Senior Honors Theses

This paper will discuss Christian involvement in the intelligence field in addition to the ethical issues inherent to intelligence, specifically deception, including lying and manipulation, and technology as a force multiplier. Many Christians believe that intelligence is fundamentally a field of extensive deception that should be avoided. Ethics and morality, what it means to tell the truth, and biblical examples of people who used deception and were commended, will be analyzed from a Christian worldview perspective. The arguments will be presented in order that Christians may be able to understand how to apply the two greatest commandments, to love our …

Improving Access To Justice In State Courts With Platform Technology, J. J. Prescott

Articles

Access to justice often equates to access to state courts, and for millions of Americans, using state courts to resolve their disputes—often with the government—is a real challenge. Reforms are regularly proposed in the hopes of improving the situation (e.g., better legal aid), but until recently a significant part of the problem has been structural. Using state courts today for all but the simplest of legal transactions entails at the very least traveling to a courthouse and meeting with a decision maker in person and in a one-on-one setting. Even minimally effective access, therefore, requires time, transportation, and very often …

From Print To Digital And Back Again: Lessons From A Library Newsletter, Rachel S. Evans

Presentations

UGA Law Library’s longstanding newsletter Amicus Briefs first saw circulation in 1984. Over a period of more than 30 years the publication has changed hands, formats and styles many times. Today the newsletter is published both electronically and physically, and in 2017 is now further expanding its reach via podcasting. This session will trace one library newsletter’s journey, sharing lessons learned along the way about platform and content choices, marketing and dissemination, and measuring readership. The past and present technology used will also be discussed including HTML, Drupal, WordPress, MailChimp, Google Analytics, Facebook and Piktochart.

Brief Of Public Knowledge, The Electronic Frontier Foundation, Engine Advocacy, And The R Street Institute As Amici Curiae In Support Of Respondents, Charles Duan

Amicus Briefs

Where Congress places conditions upon the patent grant in furtherance of the public interest in individual liberty, Congress acts at the apex of its powers under the Constitution. Inter partes review is a legislative condition on the patent grant, designed for an innovative modern world, specifically crafted to dispose of erroneously issued patents that burden the public. It is the traditional place of Congress to make these balanced political judgments, and Article III poses no barrier to Congress executing its Article I obligation to protect the public by limiting patents.

Law Library Blog (August 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Lawyer ≠ Luddite, Jason Tubinis, Khelani Clay, Jim Henneberger, Zanada Joyner, Shannon Roddy

Presentations

Being a competent attorney means being a competent technologist. ABA Model Rule 1.1 (Competence) requires all lawyers to stay abreast of technology even if they still use a Dictaphone and typewriter and think “the cloud” refers to the fluffy white stuff in the sky. It can be malpractice to misuse or misunderstand technology, and this misuse can take many forms. Lack of familiarity with technology can lead to improper production of confidential information, delays in litigation, wasting time and client funds, ending up on Above the Law (and not in a good way), and more.

Legal technology courses are becoming …

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

All Faculty Scholarship

What type of information is collected, who is viewing it, and what law librarians can do to protect their patrons and institutions.

Factors In Fairness And Emotion In Online Case Resolution Systems, Youyang Hou, Cliff Lampe, Maximilian Bulinski, J. J. Prescott

Articles

Courts are increasingly adopting online information and communication technology, creating a need to consider the potential consequences of these tools for the justice system. Using survey responses from 209 litigants who had recently used an online case resolution system, we investigate factors that influenced litigants’ experiences of fairness and emotional feelings toward court officials. Our results show that ease of using the online case resolution system, the outcome of the case, and a litigant’s perceptions of procedural justice are positively associated both with whether the litigant views the process as fair and whether the litigant ultimately feels positive emotions toward …

Trending @ Rwu Law: Louise Ellen Teitz's Post: The Supreme Court And Cross-Border Litigation 04-04-2017, Louise Ellen Teitz

Law School Blogs

No abstract provided.

The Path Of The Blockchain Lexicon (And The Law), Angela Walch

Faculty Articles

The terminology around blockchain technology is notoriously confusing, with disputes over whether a blockchain is the same as a distributed ledger or whether an appcoin is the same as a protocol token. In this article, I examine the difficulties the rapidly shifting, contested vocabulary poses for regulators seeking to understand, govern, and potentially use blockchain technology, and I offer suggestions for how to fight through the haze of unclear language.

I provide examples of the fluctuating, contested language in the blockchain technology space and describe the forces at play in shaping the language. I then lay out the problems the …

Reclaiming Attention In The Digital Generation Negotiation, Lauren A. Newell

Law Faculty Scholarship

This chapter considers the relationship between information and communication technologies ("ICTs") and attention and the consequences of this relationship for the "Digital Generation" negotiators of the future. It proceeds in three parts. The first part explores the mechanics of attention and the importance of attention in negotiation. The second part, directed to elder generations of negotiators, aims to help these negotiators understand how ICTs affect the Digital Generation’s attentional capacity. The third part, directed to Digital Generation negotiators, offers practical suggestions for improving their focused attention.

Keeping The Internet Invisible: Television Takes Over, Henry Perritt

All Faculty Scholarship

No abstract provided.

Protecting Homeowners' Privacy Rights In The Age Of Drones: The Role Of Community Associations, Hillary B. Farber, Marvin J. Nodiff

Faculty Publications

Homeowners' notions of privacy in their dwellings and surroundings are under attack from the threat of pervasive surveillance by small civilian drones equipped with highly sophisticated visual and data-gathering capabilities. Streamlined rules recently issued by the Federal Aviation Administration ("FAA') have unleashed technological innovation that promises great societal benefits. However, the new rules expose homeowners to unwanted snooping because they lack limits on the distance drones may operate from residential dwellings or time of operations. Indeed, our society should not expect a federal agency to deal effectively with the widely diverse issues of drone technology facing the states, given the …

Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber

Faculty Publications

The drone industry is burgeoning and there is boundless excitement over the potential civil and commercial applications of these aerial observers. Drones are also fun recreational toys that have more capabilities than their predecessor - the remote controlled helicopter. But along with the benefits comes the potential for misuse. More and more frequently concerned spectators are reporting drones flying around the windows of homes, backyards, and at beaches and sporting events. In some places people are even shooting them down.

We have entered a new frontier of aerial observation with the unmanned aircraft. As is often the case with new …

Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law‘S Need To Evolve, Justin Hill

Law Student Publications

This comment explores how broader shifts in Fourth Amendment doctrine may affect the government's collection of Cell Site Location Information (CSLI) moving forward. It consists of three parts. Part I examines the technological underpinnings of cellular networks. The issue is frequently litigated, but few in the legal community have a real grasp on the technology. A nuanced understanding of the technology is crucial when examining the accuracy of CSLI or how the third-party doctrine ought to apply. This comment consolidates and simplifies the technical workings of cellular networks to enable better and more informed answers. Last, drawing on this understanding, …

You Get The Law - And You Get The Law - And You Get The Law, Shannon M. Roddy

Newsletters & Other Publications

No abstract provided.

That's A Wrap, Shannon M. Roddy

Newsletters & Other Publications

Law Library Lights, vol. 60, issue 4

The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams

Law Student Publications

George Orwell's dystopia, with the ever-watchful Big Brother, has seemingly become a reality with the recently passed amendments to Rule 41 of the Federal Rules of Criminal Procedure. Rule 41, governing searches and seizures, now permits magistrate judges to authorize agents- under a single warrant- to "remotely access," and simultaneously search, copy and seize information from an infinite number of unknown electronic devices in multiple districts anywhere in the country. The unlimited jurisdiction provision is triggered when a device's location is obscured through "technological means," or if agents are investigating computer crimes in five or more districts- regardless of whether …

Policing Predictive Policing, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

Predictive policing is sweeping the nation, promising the holy grail of policing – preventing crime before it happens. Police have embraced predictive analytics and data-driven metrics to improve law enforcement tactics, practice, and strategy. Predictive “hot spots” become targets for intensive police surveillance. Targeted “hot people” become suspects. In big cities and small towns, data-based predictions drive police patrol schedules. Risk assessment algorithms target suspicious individuals. Increased data collection fuels a growing feedback loop requiring more robust data crunching systems.All of these predictive innovations share one thing in common: a belief that crime can be understood by identifying and analyzing …

Carpenter V. United States: Brief Of Scholars Of Criminal Procedure And Privacy As Amici Curiae In Support Of Petitioner, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

Amici curiae are forty-two scholars engaged in significant research and/or teaching on criminal procedure and privacy law. This brief addresses issues that are within amici’s particular areas of scholarly expertise. They have a shared interest in clarifying the law of privacy in the digital era, and believe that a review of scholarly literature on the topic is helpful to answering the question in this case. This brief is co-authored by Harry Sandick, Kathrina Szymborski, & Jared Buszin of Patterson Belknap Webb & Tyler LLP.Carpenter v. United States presents an opportunity to reconsider the Fourth Amendment in the digital age. Cell …

Ending The Pursuit: Releasing Attorney Advertising Regulations At The Intersection Of Technology And The First Amendment, Jan L. Jacobowitz

Articles

No abstract provided.

Fashion's Function In Intellectual Property Law, Christopher Buccafusco, Jeanne C. Fromer

Articles

Clothing designs can be beautiful. But they are also functional. Fashion’s dual nature sits uneasily in intellectual property law, and its treatment by copyright, trademark, and design patent laws has often been perplexing. Much of this difficulty arises from an unclear understanding of the nature of functionality in fashion design. This Article proposes a robust account of fashion’s function. It argues that aspects of garment designs are functional not only when they affect the physical or technological performance of a garment but also when they affect the perception of the wearer’s body. Generally, clothes are not designed or chosen simply …

Patent Protection For Crispr: An Elsi Review, Jacob S. Sherkow

Articles & Chapters

The revolutionary gene-editing technology, CRISPR, has raised numerous ethical, legal, and social concerns over its use. The technology is also subject to an increasing patent thicket that raises similar issues concerning patent licensing and research development. This essay reviews several of these challenges that have come to the fore since CRISPR’s development in 2012. In particular, the lucre and complications that have followed the CRISPR patent dispute may affect scientific collaboration among academic research institutions. Relatedly, universities’ adoption of “surrogate licensors” may also hinder downstream research. At the same time, research scientists and their institutions have also used CRISPR patents …

Cybersecurity Stovepiping, David Thaw

Articles

Most readers of this Article probably have encountered – and been frustrated by – password complexity requirements. Such requirements have become a mainstream part of contemporary culture: "the more complex your password is, the more secure you are, right?" So the cybersecurity experts tell us… and policymakers have accepted this "expertise" and even adopted such requirements into law and regulation.

This Article asks two questions. First, do complex passwords actually achieve the goals many experts claim? Does using the password "Tr0ub4dor&3" or the passphrase "correcthorsebatterystaple" actually protect your account? Second, if not, then why did such requirements become so widespread? …

Fetishizing Copies, Jessica Litman

Book Chapters

Our copyright laws encourage authors to create new works and communicate them to the public, because we hope that people will read the books, listen to the music, see the art, watch the films, run the software, and build and inhabit the buildings. That is the way that copyright promotes the Progress of Science. Recently, that not-very-controversial principle has collided with copyright owners’ conviction that they should be able to control, or at least collect royalties from, all uses of their works. A particularly ill-considered manifestation of this conviction is what I have decided to call copy-fetish. This is the …

The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks

Articles

The world we live in is structured by inequality: of gender, race, class, sexual orientation, disability, and more. Virtual and augmented reality technologies hold out the promise of a more perfect world, one that offers us more stimulation, more connection, more freedom, more equality than the "real" world. But for such technologies to be truly innovative, they must move us beyond our current limitations and prejudices. When existing inequalities are unacknowledged and unaddressed in the "real" world, they tend to be replicated and augmented in virtual realities. We make new worlds based on who we are and what we do …

Teaching Legal Technology, Camille Broussard, Kathleen Brown, Daniel Cordova, Sarah Mauldin

Articles & Chapters

No abstract provided.

Debating Autonomous Weapon Systems, Their Ethics, And Their Regulation Under International Law, Kenneth Anderson, Matthew C. Waxman

Faculty Scholarship

An international public debate over the law and ethics of autonomous weapon systems (AWS) has been underway since 2012, with those urging legal regulation of AWS under existing principles and requirements of the international law of armed conflict, on the one side, in argument with opponents who favor, instead, a preemptive international treaty ban on all such weapons, on the other. This Chapter provides an introduction to this international debate, offering the main arguments on each side. These include disputes over defining an AWS, the morality and law of automated targeting and target selection by machine, and the interaction of …

Understanding Online Markets And Antitrust Analysis, D. Daniel Sokol, Jingyuan Ma

UF Law Faculty Publications

Antitrust analysis of online markets is a hot topic around the world. In a number of jurisdictions, online markets already have been subject to antitrust review in merger or conduct cases. In other jurisdictions, these issues are in a nascent stage of policy. A number of lessons can be learned from the cases to date involving online markets with regard to optimal antitrust policy. What these cases tend to share are some basic features as to how online markets work. Some jurisdictions understand the particular dynamics of multi-sided online markets. Other competition authorities sometimes may misidentify these markets. This essay …