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2000

Science and Technology Law

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Full-Text Articles in Law

Privacy Takes A Back Seat: Putting The Automobile Exception Back On Track After Several Wrong Turns, Carol A. Chase Dec 2000

Privacy Takes A Back Seat: Putting The Automobile Exception Back On Track After Several Wrong Turns, Carol A. Chase

Boston College Law Review

The automobile exception to the search warrant requirement originated in 1924, when obtaining a search warrant was a lengthy and involved process. Today, federally and in a growing number of states, search warrants can be obtained by telephone or facsimile in a matter of minutes. Yet the automobile exception, originally based upon the exigency presented by the mobility of the automobile, remains intact and was recently extended to permit the warrantless search of property belonging to passengers in automobiles. This article critically examines the development of the automobile exception and calls for a reform of that exception in light of ...


Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore Nov 2000

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 ...


Technology And Client Community Access To Legal Services - Suggestive Scenarios On Community Legal Education, Intake And Referral And Pro Se, Michael Genz Sep 2000

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.


Technology Assisted Advocacy, Julia R. Gordon Sep 2000

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.


The Technologically Enabled Legal Services Delivery System From The Perspective Of Senior Management, John A. Tull Sep 2000

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.


Collegiality And Technology, Michael R. Murphy Jul 2000

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.


New Technologies And Appellate Practice, Philip A. Talmadge Jul 2000

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.


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 Jul 2000

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.


The 1% Solution: American Judges Must Enter The Internet Age, Henry H. Perritt, Ronald W. Staudt Jul 2000

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.


Cd-Rom Briefs: Are We There Yet?, Marilyn Devin Jul 2000

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 Jul 2000

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.


Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan Jul 2000

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. Jun 2000

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."


Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil Jun 2000

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.


Violence Risk Assessment: Scientific Validity And Evidentiary Admissibility, John Monahan Jun 2000

Violence Risk Assessment: Scientific Validity And Evidentiary Admissibility, John Monahan

Washington and Lee Law Review

No abstract provided.


Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein Jun 2000

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 ...


Defining The."Task At Hand": Non-Science Forensic Science After Kumho Tire Co. V. Carmichael, D. Michael Risinger Jun 2000

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.


Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin Jun 2000

Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin

Washington and Lee Law Review

No abstract provided.


Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz Jun 2000

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 ...


The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman Jun 2000

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.


The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon Jun 2000

The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon

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 Jun 2000

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 Jun 2000

Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks

Washington and Lee Law Review

No abstract provided.


Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse Jun 2000

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 ...


Seed Wars: Biotechnology, Intellectual Property, And The Quest For High Yield Seeds , Lara E. Ewens May 2000

Seed Wars: Biotechnology, Intellectual Property, And The Quest For High Yield Seeds , Lara E. Ewens

Boston College International and Comparative Law Review

Presently, intellectual property law is the mechanism that determines international protection and control over biotech innovations in plant varieties and the genetic resources that form the basis for those innovations. The intellectual property paradigm that is utilized employs western definitions of property in order to provide a framework in which to allocate rights. This has resulted in serious distributive problems: western-specific ideas about property, authorship, and individual creative inventors do not translate well to areas where cultural knowledge or generational innovation form the basis of important societal achievements. The default solution in the international agricultural context has been to almost ...


In The Aftermath Of The "Terminator" Technology Controversy: Intellectual Property Protections For Genetically Engineered Seeds And The Rights To Save And Replant Seed, Jeremy P. Oczek May 2000

In The Aftermath Of The "Terminator" Technology Controversy: Intellectual Property Protections For Genetically Engineered Seeds And The Rights To Save And Replant Seed, Jeremy P. Oczek

Boston College Law Review

Throughout history, farmers have engaged in the practice of saving seed from each harvest to use in planting the following year's crap. This practice, however; has been a significant concern for those developing new varieties of seed. The "terminator" technology was developed to prevent the saving and replanting of genetically engineered seeds by blocking the germination of these seeds after one growing season. The terminator technology, however; caused worldwide controversy over the scope of intellectual property protections for genetically engineered seeds used in agriculture because farmers believed that seeds incorporating the terminator technology would interfere with the traditional and ...


On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones May 2000

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 thing is clear. To ...


Pornography, Privacy, And Digital Self-Help, 19 J. Marshall J. Computer & Info. L. 133 (2000), Tom W. Bell Jan 2000

Pornography, Privacy, And Digital Self-Help, 19 J. Marshall J. Computer & Info. L. 133 (2000), Tom W. Bell

The 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 ...


Database Nation: Does Information Technology Of The 21st Century Pose A Daunting Threat To Personal Privacy In America, 19 J. Marshall J. Computer & Info. L. 197 (2000), Robert S. Gurwin, Nicole D. Milos Jan 2000

Database Nation: Does Information Technology Of The 21st Century Pose A Daunting Threat To Personal Privacy In America, 19 J. Marshall J. Computer & Info. L. 197 (2000), Robert S. Gurwin, Nicole D. Milos

The John Marshall Journal of Information Technology & Privacy Law

In this book review of Simon Garfinkel's "Database Nation: The death of privacy in the 21st century," the author echoes George Orwell's prophetic vision of a totalitarian government prying on citizens' privacy in "1984." However, Database Nation presents a future where privacy has become a costly commodity: individuals fight dearly to hold such privacy from prying eyes. From the history of information age to advocating privacy protection legislations, the author discusses how Garfinkel pieces together the forming of the database nation. From health care providers to credit bureaus and from satellite surveillance to consumer purchasing habits, Garfinkel urges ...


2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 19 J. Marshall J. Computer & Info. L. 207 (2000), Robert S. Gurwin Jan 2000

2000 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 19 J. Marshall J. Computer & Info. L. 207 (2000), Robert S. Gurwin

The John Marshall Journal of Information Technology & Privacy Law

In this bench memo, the high court is asked to decide two issues: whether the information disseminated by defendant invaded plaintiff's privacy as defined by the Restatement (Second) of Torts governing public disclosure of private facts; and whether defendant's use of cookie technology to gather the information displayed about plaintiff constituted an invasion of her privacy. Defendant provides a commercial online job search services that provides employment assistance to online users. In return of the free service, users are required to create a "profile" with personal identifying information such as name, phone number, address and e-mail. At the ...