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2003

Science and Technology Law

Boston College Law Review

Articles 1 - 3 of 3

Full-Text Articles in Law

Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical - And Not Just The Methodological - Aspects Of Science, David S. Caudill, Lewis H. Larue Dec 2003

Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical - And Not Just The Methodological - Aspects Of Science, David S. Caudill, Lewis H. Larue

Boston College Law Review

In response to the claim that many judges are deficient in their understanding of scientific methodology, this Article identifies in recent cases (1) a pragmatic perspective on the part of federal appellate judges when they reverse trial judges who tend to idealize science (i.e., who do not appreciate the local and practical goals and limitations of science), and (ii) an educational model of judicial gatekeeping that results in reversal of trial judges who defer to the social authority of science (i.e., who mistake authority for reliability). Next, this Article observes that courts (in the cases it analyzes) are ...


Cyberlaw 2.0, Michael Geist Mar 2003

Cyberlaw 2.0, Michael Geist

Boston College Law Review

This Article outlines two versions of cyberlaw, The first, characteristic of the scholarship of the late 1990s, is typified by a borclerless Internet and national laws that cease to have effect at their real-space borders, the regulatory power of code, and the virtue of selfregulatory solutions to Internet and e-commerce issues. In Cybet'law 2.0, the borderless Internet becomes bordered, bordered laws become borderless. the regulation of code becomes regulated code, and selfregulation becomes industry consultation, as government shifts toward a more traditional regulatory approach. The Article assesses each of these changes, calling attention to recent developments in copyright ...


The First Sale Doctrine In The Era Of Digital Networks, Ruth Anthony Reese Mar 2003

The First Sale Doctrine In The Era Of Digital Networks, Ruth Anthony Reese

Boston College Law Review

The first sale doctrine has been essential to the balance in copyright law between authors' rights and public access to works. The growth of digital technology, however, has drastically changed the means of disseminating many types of works and, as a result, has undermined the first sale doctrine. This Article considers the long-term impact of technological change on the first sale doctrine. The Article focuses on the affordability and availability effects of the doctrine. reviewing the traditional causes and benefits of these effects, as well as the ways in which electronic commerce has weakened and could continue to weaken them ...