Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (22)
- Intellectual Property Law (16)
- Administrative Law (9)
- Internet Law (7)
- Law and Society (7)
-
- Social and Behavioral Sciences (7)
- Legal Profession (6)
- Criminal Law (5)
- Privacy Law (5)
- State and Local Government Law (5)
- Criminal Procedure (4)
- Legal Ethics and Professional Responsibility (4)
- Communications Law (3)
- Constitutional Law (3)
- Food and Drug Law (3)
- Health Law and Policy (3)
- International Law (3)
- Legal Education (3)
- Library and Information Science (3)
- Medical Jurisprudence (3)
- Military, War, and Peace (3)
- National Security Law (3)
- Arts and Humanities (2)
- Business Organizations Law (2)
- Contracts (2)
- Education (2)
- Energy and Utilities Law (2)
- Engineering (2)
- Entertainment, Arts, and Sports Law (2)
- Institution
-
- Selected Works (13)
- University of Michigan Law School (8)
- SelectedWorks (5)
- Pepperdine University (4)
- New York Law School (3)
-
- Saint Louis University School of Law (3)
- University of Miami Law School (3)
- Duke Law (2)
- Penn State Dickinson Law (2)
- St. Mary's University (2)
- University of Baltimore Law (2)
- University of Colorado Law School (2)
- University of Massachusetts School of Law (2)
- University of Pennsylvania Carey Law School (2)
- Western University (2)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Fordham Law School (1)
- Louisiana State University (1)
- Nova Southeastern University (1)
- Pace University (1)
- SJ Quinney College of Law, University of Utah (1)
- St. Thomas University College of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- US Army War College (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of South Carolina (1)
- University of Tennessee College of Law (1)
- University of Wollongong (1)
- Washington University in St. Louis (1)
- Publication
-
- All Faculty Scholarship (5)
- Michigan Telecommunications & Technology Law Review (4)
- Faculty Publications (3)
- Pepperdine Law Review (3)
- Articles (2)
-
- Articles & Chapters (2)
- Darla W. Jackson (2)
- Faculty Scholarly Works (2)
- Faculty Scholarship (2)
- Michael J. Malinowski (2)
- University of Michigan Journal of Law Reform (2)
- Alexander Hayes Mr. (1)
- Andrew Selbst (1)
- Anna P. Hemingway (1)
- Assaf Y. Prussak (1)
- Cardozo Life Magazine (1)
- Chicago-Kent Journal of Intellectual Property (1)
- Cleveland State Law Review (1)
- Dru Stevenson (1)
- Edward Lee (1)
- FIMS Presentations (1)
- FIMS Publications (1)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Frank A. Pasquale (1)
- Intercultural Human Rights Law Review (1)
- Jeffrey K Gurney (1)
- Jon M. Garon (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Kenneth A. Bamberger (1)
- Publication Type
- File Type
Articles 1 - 30 of 71
Full-Text Articles in Law
Ieee Istas13- People As Sensors: The Social Implications Of Living In A Smart World, Alexander Hayes, Katina Michael, Nick Rheinberger
Ieee Istas13- People As Sensors: The Social Implications Of Living In A Smart World, Alexander Hayes, Katina Michael, Nick Rheinberger
Alexander Hayes Mr.
What is the technological trajectory of people wearing sensors? What are the benefits, risks and costs? What is the vibe going to be like at ISTAS13 with people like Marvin Minsky and Ray Kurzweil attending? What do you hope to gain from the meeting? Can we foresee a time that all glasses will be embedded with sensors? What are the implications? E.g. in the higher education sector? What about the gathering of evidence by law enforcement? What is point of eye?
Wireless Localism: Beyond The Shroud Of Objectivity In Federal Spectrum Administration, Olivier Sylvain
Wireless Localism: Beyond The Shroud Of Objectivity In Federal Spectrum Administration, Olivier Sylvain
Michigan Telecommunications & Technology Law Review
Recent innovations in mobile wireless technology have instigated a debate between two camps of legal scholars about federal administration of the electromagnetic spectrum. The first camp argues that the Federal Communications Commission (“FCC”) should define spectrum use rights more clearly and give spectrum licensees broad property rights in frequencies. The second camp argues that, rather than award exclusive licenses to the highest bidder, the FCC ought to open much, if not most, of the spectrum to unlicensed use by smartphones and tablets equipped with the newest spectrum administration technology. First, this Article shows that both of these camps comprise a …
Can Lawyers Be Luddites? Adjusting To The Modification Of The Aba Model Rules Of Professional Conduct Regarding Technology, Darla W. Jackson
Can Lawyers Be Luddites? Adjusting To The Modification Of The Aba Model Rules Of Professional Conduct Regarding Technology, Darla W. Jackson
Darla W. Jackson
No abstract provided.
Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?, Colonel Dave Wallace, Major Shane Reeves
Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?, Colonel Dave Wallace, Major Shane Reeves
University of Miami National Security & Armed Conflict Law Review
Technological advances are altering the contemporary asymmetric conflicts between non-‐state armed groups and state actors. This article discusses the humanitarian consequences of these changing conflicts by first illustrating the dangers posed by non-‐state armed groups gaining access to advanced technologies. A subsequent examination of the increasing ability of non-‐state armed groups to use new technologies, such as cyber operations, to mitigate state actor advantages and the resultant risks to civilian populations follows. The article concludes that the humanitarian challenges presented by this growing intimacy between non-‐state armed groups and technology, whether through a potentially devastating attack or by the dramatic …
2013 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
2013 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
Cardozo Life Magazine
Table of Contents:
Campus News, page 3
Clinics News, page 16
Faculty Briefs, page 18
Felix Wu, page 22
Booting Up, page 24
Michel Rosenfeld, page 36
Legal Style, page 40
Our New York, page 44
Peter Markowitz, page 46
Alumni News & Class Notes, page 58
Floyd Abrams, page 68
Lawyering In The Shadow Of Data, Dru Stevenson, Nicholas J. Wagoner
Lawyering In The Shadow Of Data, Dru Stevenson, Nicholas J. Wagoner
Dru Stevenson
Attorney bargaining has traditionally taken place in the shadow of trial, as litigants alter their pretrial behavior—including their willingness to negotiate a settlement – based on perceptions of likely outcomes at trial and anticipated litigation costs. Lawyers practicing in the shadow of trial have, in turn, traditionally formed their perception of the likely outcome at trial based on their knowledge of case precedents, intuition, and previous interactions with the presiding judge and opposing counsel in similar cases. Today, however, technology for leveraging legal data is moving the practice of law into the shadow of the trends and patterns observable in …
Technologies Of Compliance: Risk And Regulation In A Digital Age, Kenneth A. Bamberger
Technologies Of Compliance: Risk And Regulation In A Digital Age, Kenneth A. Bamberger
Kenneth A. Bamberger
Legal scholarship has been silent about a phenomenon with profound implications for governance: the automation of compliance with laws mandating risk management. Regulations—from bank capitalization rules, to Sarbanes—Oxley's provisions on financial fraud and misrepresentation, to laws governing information-privacy protection—frequently require regulated firms to develop internal processes to identify, assess, and mitigate risk. To comply, firms have turned wholesale to technology systems and computational analytics that measure and predict corporate risk levels and “force” decisions accordingly. In total, the third-party market for compliance-technology products—known generally as “governance, risk, and compliance” (GRC) software, systems, and services—alone grew to $52 billion last year, …
Rebuttable Presumption Of Public Interest In Protecting The Public Health --The Necessity For Denying Injunctive Relief In Medically-Related Patent Infringement Cases After Ebay V. Mercexchange, Lance Wyatt
Chicago-Kent Journal of Intellectual Property
The public’s interest in medicine and good health is substantial. However, this interest is harmed when important medical devices or pharmaceuticals, although infringing on valid patents, are suddenly taken off the market after a court grants a permanent injunction. While permanent injunctions were automatically granted by the Federal Circuit before the Supreme Court’s holding in eBay v. MercExchange, courts now have more discretion to deny injunctive relief. Now that courts have this newfound discretion after eBay, the public should no longer expect to be harmed by the sudden removal of medical supplies. Unfortunately, this has not been the course that …
Examining Warfare In Wi-Fi: A Review, Usawc Parameters
Examining Warfare In Wi-Fi: A Review, Usawc Parameters
The US Army War College Quarterly: Parameters
No abstract provided.
“Them Feds Don’T Play Fair” : The Fourth Amendment And Cloud-Based Data, Laurie B. Serafino
“Them Feds Don’T Play Fair” : The Fourth Amendment And Cloud-Based Data, Laurie B. Serafino
Laurie B. Serafino
Scholars have frequently suggested that the Fourth Amendment ought to be applied with varying degrees of rigor depending on the seriousness of the crime investigated. Courts have largely rejected such an offense-specific approach to constitutional protections, but have demonstrated deference to the Executive Branch in matters of national security in other contexts. The particularly heightened concern raised by the threat of terrorism suggests that, at least in the context of these most serious of cases, courts ought to engage in some form of balance that recognizes the uniquely strong government interest. Such an approach, however, has to recognize that the …
Technology, Competition, And Values, Frank Pasquale
Technology, Competition, And Values, Frank Pasquale
Frank A. Pasquale
Law can advance or retard the distributive effects of innovation and its diffusion in many ways. Certain technologies merit special monitoring because they promote the leveraging of economic advantage into social or cultural advantage without substantially increasing overall social welfare. Others threaten to undermine collective values and perceptions commonly used to evaluate technology. A final category threatens to do both, creating unfair or wasteful competition while blunting our capacity to recognize its morally dubious character. As new sectors of life become more game-like and competitive, methods of leveling the playing field developed in sports and college admissions might become more …
Welcome To The Amazon: Leading Online Retail From Local Tax Avoidance Into Your Backyard, Sherry Tehrani
Welcome To The Amazon: Leading Online Retail From Local Tax Avoidance Into Your Backyard, Sherry Tehrani
Sherry Tehrani
Online sales in the United States have increased by over 250 percent in the last ten years, reaching over 250 billion dollars in 2012.[1] Spearheaded by Amazon.com, Inc. (“Amazon”), online retailers have fed off their competitive advantage of avoiding local sales tax, and have grown to capture roughly 7 percent of the retail market.[2] The juxtaposition of this upsurge of untaxed online sales and our nationwide recession has prompted state governments with crushing deficits to take on the tax loophole.
Local governments across the U.S. have passed legislation to enforce online sales tax collection, referred to as “Amazon …
It’S Raining Katz And Jones: The Implications Of United States V. Jones–A Case Of Sound And Fury, Jace C. Gatewood
It’S Raining Katz And Jones: The Implications Of United States V. Jones–A Case Of Sound And Fury, Jace C. Gatewood
Pace Law Review
This Article discusses the implications of Jones in light of emerging technology capable of duplicating the monitoring undertaken in Jones with the same degree of intrusiveness attributable to GPS tracking devices, but without depending on any physical invasion of property. This Article also discusses how the pervasive use of this emerging technology may reshape reasonable expectations of privacy concerning an individual’s public movements, making it all the more difficult to apply the Fourth Amendment constitutional tests outlined in Jones. In this regard, this Article explores recent trends in electronic tracking, surveillance, and other investigative methods that have raised privacy concerns, …
Throwing Dirt On Doctor Frankenstein's Grave: Accesss To Experimental Treatments At The End Of Life, Michael J. Malinowski
Throwing Dirt On Doctor Frankenstein's Grave: Accesss To Experimental Treatments At The End Of Life, Michael J. Malinowski
Michael J. Malinowski
Abstract
All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research …
Order, Technology And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker
Order, Technology And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker
Faculty Publications
No abstract provided.
Agenda: Water, Oil And Gas: Recycling And Reuse Of Water, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association, Natural Resources & Energy Section
Agenda: Water, Oil And Gas: Recycling And Reuse Of Water, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association, Natural Resources & Energy Section
Water, Oil and Gas: Recycling and Reuse of Water (June 11)
Program co-chairs: Sarah Klahn, Matthew Sura; planning committee: Susan Daggett, Kathryn Mutz.
Co-sponsored by: Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School, Rocky Mountain Land Use Institute, Sturm College of Law, University of Denver, Natural Resources & Energy Section of the Colorado Bar Association.
This program is the second in a 3-part series focusing on critical water, oil and gas issues in Colorado. This second program focuses on the technology behind the recycling of produced water and hydraulic back fracturing flowback fluid and the issue of mandatory recycling. It also addresses the legal implications …
Power To The People: Why We Need Full Federal Preemption Of Electrical Transmission Regulation, Max Hensley
Power To The People: Why We Need Full Federal Preemption Of Electrical Transmission Regulation, Max Hensley
University of Michigan Journal of Law Reform
State and federal governments have made significant investments in the development and installation of renewable energy technology. However, further increases in renewable power use have been stymied by the continued mismatch between the national interest in connecting consumers with utility-scale wind and solar installations and state and local control over the siting of electrical transmission lines. Because renewable power potential is often located far from consumers, transmission lines must cross multiple jurisdictions whose local interests have tended to prevent or significantly delay development. This Note analyzes that disconnect, reviews academic and legislative proposals to overcome it, and proposes a way …
Securities Violations In 140 Characters Or Less: Social Media And Its Growing Impact On The Securities Industry, Kevin Etzel
Securities Violations In 140 Characters Or Less: Social Media And Its Growing Impact On The Securities Industry, Kevin Etzel
Touro Law Review
As social media continues its rapid ascent, the law must be able to keep pace. The securities industry is where one area that must keep pace. This Comment demonstrates the drastic effects, both positive and negative, that social media has on securities regulation.
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
A Discourse On The Public Nature Of Research In Contemporary Life Science: 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.
Legal Education In Disruption: The Headwinds And Tailwinds Of Technology, Jon M. Garon
Legal Education In Disruption: The Headwinds And Tailwinds Of Technology, Jon M. Garon
Jon M. Garon
By harnessing improvements on communications and computational systems, law firms are producing a revolution in the practice of law. Self-help legal manuals have transformed into sophisticated interactive software; predictive coding can empower clients to receive sophisticated legal advice from a machine; socially mediated portals select among potential lawyers and assess the quality of the advice given; and virtual law firms threaten to distintermediate the grand edifices of twentieth century Big Law. These changes may profoundly restructure the legal practice, undermining the business model for many solo and small firm practices.
This paper focuses on the implications of these profound disruptive …
Computer Literacy For Administrative Law Judges, Emilio Jaksetic
Computer Literacy For Administrative Law Judges, Emilio Jaksetic
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Competitive Patent Law, William Hubbard
Competitive Patent Law, William Hubbard
All Faculty Scholarship
Can U.S. patent law help American businesses compete in global markets? In early 2011, President Barack Obama argued that, to obtain economic prosperity, the United States must "out-innovate . .. the rest of the world,"1 and that patent reform is a "critical dimension[]" 2 of this innovation agenda. Soon thereafter, Congress enacted the most sweeping reforms to U.S. patent law in more than half a century, contending that the changes will "give American inventors and innovators the 21st century patent system they need to compete."3 Surprisingly, no legal scholar has assessed whether patent reform is capable of making …
S13rs Sgfb No. 17 (Career Services Facility), Westbrook
S13rs Sgfb No. 17 (Career Services Facility), Westbrook
Student Senate Enrolled Legislation
No abstract provided.
Access Copyright & Technology: Legal And Policy Issues In Education, Lisa Di Valentino
Access Copyright & Technology: Legal And Policy Issues In Education, Lisa Di Valentino
FIMS Presentations
Access Copyright is a collective organization representing the
copyright interests of publishers and creators. The collective offers
copyright licences that allow certain limited uses of works in the
collective's repertoire. The use of collective licences as part of
copyright management policy was common in post-secondary education
administration until 2010, when many universities opted out of a
contractual relationship with Access Copyright.
The growing movement towards online open access publishing and
Creative Commons public licensing has made information more widely
available without requiring payment and with fewer restrictions on
use. The addition of education to the list of fair dealing purposes …
Technology And Intellectual Property: Out Of Sync Or Hope For The Future?, Bradford L. Smith
Technology And Intellectual Property: Out Of Sync Or Hope For The Future?, Bradford L. Smith
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Information Technology's Failure To Disrupt Health Care, Nicolas P. Terry
Information Technology's Failure To Disrupt Health Care, Nicolas P. Terry
Nevada Law Journal
No abstract provided.
Contextual Expectations Of Privacy, Andrew Selbst
Contextual Expectations Of Privacy, Andrew Selbst
Andrew Selbst
Fourth Amendment search jurisprudence is nominally based on a “reasonable expectation of privacy,” but actual doctrine is detached from society’s conception of privacy. Courts rely on various binary distinctions: Is a piece of information secret or not? Was the observed conduct inside or outside? While often convenient, none of these binary distinctions can adequately capture the complicated range of ideas encompassed by “privacy.” Privacy theorists have begun to understand that a consideration of social context is essential to a full understanding of privacy. Helen Nissenbaum’s theory of contextual integrity, which characterizes a right to privacy as the preservation of expected …
Diamond V. Chakrabarty: Oil Eaters: Alive And Patentable, Dennis J. Walsh
Diamond V. Chakrabarty: Oil Eaters: Alive And Patentable, Dennis J. Walsh
Pepperdine Law Review
Congress is empowered, under article I, section 8 of the United States Constitution, to create patent laws that encourage the promotion of arts and sciences. In the congressional fulfillment of this task, the courts have been confused as to what products are worthy of patent protection under the patent statutes. One illustration of this confusion is the recent controversy of whether living organisms fit into the statutory patentable classification of section 101 of the 1952 Patent Act. The recent United States Supreme Court decision of Diamond v. Chakrabarty has ended this confusion by holding that living micro bacteria is patentable …
International Law Of Outer Space And Its Effect On Commercial Space Activity, James J. Trimble
International Law Of Outer Space And Its Effect On Commercial Space Activity, James J. Trimble
Pepperdine Law Review
The United Nations, through a series of five treaties, has created a body of international space law which controls the activities in space of states, international organizations, and private interests. Corporations planning an investment in commercial space ventures must consider the restrictions and obligations which space law will impose on their activities. This article discusses the substantive principles of the law of outer space and focuses on those provisions which will affect commercial space activities.
Technology, Robotics, And The Work Preservation Doctrine: Future Considerations For Labor And Management, Christie A. Moon
Technology, Robotics, And The Work Preservation Doctrine: Future Considerations For Labor And Management, Christie A. Moon
Pepperdine Law Review
No abstract provided.