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Full-Text Articles in Law
Memory And Punishment, Orlando Carter Snead
Memory And Punishment, Orlando Carter Snead
O. Carter Snead
This article is the first scholarly exploration of the implications of neurobiological memory modification for criminal law. Its point of entry is the fertile context of criminal punishment, in which memory plays a crucial role. Specifically, this article will argue that there is a deep relationship between memory and the foundational principles justifying how punishment should be distributed, including retributive justice, deterrence, incapacitation, rehabilitation, moral education, and restorative justice. For all such theoretical justifications, the questions of who and how much to punish is inextricably intertwined with how a crime is remembered — by the offender, by the sentencing authority, …
Avatar Experimentation: Human Subjects Research In Virtual Worlds, Joshua A.T. Fairfield
Avatar Experimentation: Human Subjects Research In Virtual Worlds, Joshua A.T. Fairfield
Joshua A.T. Fairfield
Researchers love virtual worlds. They are drawn to virtual worlds because of the opportunity to study real populations and real behavior in shared simulated environments. The growing number of virtual worlds and population growth within such worlds has led to a sizeable increase in the number of human subjects experiments taking place in such worlds. Virtual world users care deeply about their avatars, their virtual property, their privacy, their relationships, their community, and their accounts. People within virtual worlds act much as they would in the physical world, because the experience of the virtual world is "real" to them. The …
Putting The Gene Back In The Bottle: Why California Needs Stronger Protection Of Genetic Privacy In The Wake Of Affordable Dna Testing, Farid Zakaria
Putting The Gene Back In The Bottle: Why California Needs Stronger Protection Of Genetic Privacy In The Wake Of Affordable Dna Testing, Farid Zakaria
Farid Zakaria
In recent years, many “direct-to-consumer” genetic testing companies have started offering a DNA analysis service to the public. Based on the analysis of the DNA contained in saliva, these companies are able to inform the customer about his or her likelihood of having certain traits and of developing a number of diseases. Given the sensitive nature of this kind of information, this paper considers whether it is sufficiently protected under the current legal and regulatory framework. Specifically, the paper studies whether current federal, state, and common law that protects medical and private information also guarantees the privacy of genetic information. …
Out With A Bang: The Collapse Of Yucca Mountain Signals The Rise Of The New U.S. Cooperative Federalism Nuclear Reprocessing Model, Stefani C. Norrbin, Faye E. Jones
Out With A Bang: The Collapse Of Yucca Mountain Signals The Rise Of The New U.S. Cooperative Federalism Nuclear Reprocessing Model, Stefani C. Norrbin, Faye E. Jones
Faye E Jones
This Article argues that after the collapse of Yucca Mountain, the U.S. should move away from direct disposal by creating a new government backed, state-run corporation modeled after France’s Areva, to implement nuclear reprocessing in the U.S. This new model will help address the currently bankrupt nuclear waste system in the U.S. by using the money from the Nuclear Waste Fund that was collected for Yucca Mountain to provide financial support to states for nuclear reprocessing projects. Further, by working together, we can promote competition and innovation through state-run corporations backed by federal funding. In order to make the initial …
Undermined Norms: The Corrosive Effect Of Information Processing Technology On Informational Privacy, Richard Warner
Undermined Norms: The Corrosive Effect Of Information Processing Technology On Informational Privacy, Richard Warner
Richard Warner
Informational privacy is a matter of control; it consists in the ability to control when one’s personal information is collected, how it is used, and to whom it is distributed. The degree of control we once enjoyed has vanished. Advances in information processing technology now give others considerable power to determine when personal information is collected, how it is used, and to it is whom distributed. Privacy advocates sound the alarm in regard to both the governmental and private sectors. I focus exclusively on the later. Relying on the extensive privacy advocate literature, I assume we should try to regain …
The Broadcasters’ Transition Date Roulette: Strategic Aspects Of The Dtv Transition, James E. Prieger, James Miller
The Broadcasters’ Transition Date Roulette: Strategic Aspects Of The Dtv Transition, James E. Prieger, James Miller
James E. Prieger
The analog to digital “DTV transition” completed in June 2009 was a technological event unprecedented in scale in the broadcast television industry. The final analog cutoff for TV stations culminated more than ten years of complex regulatory decisions. Facing concerns that costs and revenue could change dramatically, stations chose when to transition in response to both market and regulatory forces. The history of broadcasting reveals a continual interplay between consumer demand, technological change, and regulation. This article describes the various forces that influenced the DTV transition, and empirically examines the stations’ decisions regarding when to switch. The economic and strategic …
A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
Michael J. Malinowski
This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.
Exploring The Ethicality Of Firing Employees Who Blog, Sean Valentine, Gary Fleischman, Robert Sprague, Lynn Godkin
Exploring The Ethicality Of Firing Employees Who Blog, Sean Valentine, Gary Fleischman, Robert Sprague, Lynn Godkin
Robert Sprague
This exploratory study evaluates the ethical considerations related to employees fired for their blogging activities. Specifically, subject evaluations of two employee-related blogging scenarios were investigated with established ethical reasoning and moral intensity scales, and a measure of corporate ethical values was included to assess perceptions of organizational ethics. The first scenario involved an employee who was fired because of innocuous blogging, while the second vignette involved an employee who was fired because of work-related blogging. Survey data were collected from employed college students and working practitioners. The findings indicated that the subjects’ ethical judgments that firing an employee for blogging …
Memory And Punishment, Orlando Carter Snead
Memory And Punishment, Orlando Carter Snead
O. Carter Snead
This article is the first scholarly exploration of the implications of neurobiological memory modification for criminal law. Its point of entry is the fertile context of criminal punishment, in which memory plays a crucial role. Specifically, this article will argue that there is a deep relationship between memory and the foundational principles justifying how punishment should be distributed, including retributive justice, deterrence, incapacitation, rehabilitation, moral education, and restorative justice. For all such theoretical justifications, the questions of who and how much to punish are inextricably intertwined with how a crime is remembered — by the offender, by the sentencing authority, …