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Articles 1 - 18 of 18
Full-Text Articles in Science and Technology Law
Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey
Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey
Faculty Scholarship
This chapter is based on data collected as part of a larger qualitative empirical study based on face-to-face interviews with artists, scientists, engineers, their lawyers, agents and business partners. Broadly, the project involves the collecting and analysis of these interviews to understand how and why the interviewees create and innovate and to make sense of the intersection between intellectual property law and creative and innovative activity from the ground up. This chapter specifically investigates the concept of “progress” as discussed in the interviews. “Promoting progress” is the ostensible goal of the intellectual property protection in the United States, but what …
Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Pasquale, Frank, Citron, Danielle Keats, Frank Pasquale, Danielle Keats Citron
Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Pasquale, Frank, Citron, Danielle Keats, Frank Pasquale, Danielle Keats Citron
Faculty Scholarship
No abstract provided.
Making Smart Decisions About Surveillance: A Guide For Communities, Chris Conley, Matthew Cagle, Peter Bibring, Jessica Farris, Linda Lye, Mitra Ebadolahi, Nicole Ozer
Making Smart Decisions About Surveillance: A Guide For Communities, Chris Conley, Matthew Cagle, Peter Bibring, Jessica Farris, Linda Lye, Mitra Ebadolahi, Nicole Ozer
Faculty Scholarship
California communities are increasingly grappling with whether to deploy new surveillance technologies ranging from drones to license plate readers to facial recognition. This is understandable, since public safety budgets are tight, technology vendors promise the ability to do more with less, and federal agencies or industry sponsors may even offer funding.
But surveillance can be both less effective and far more costly to local agencies and to the community at large than initially imagined, leaving communities saddled with long-term bills for surveillance that doesn't end up making the community safer. Surveillance can also be easily misused, leading to the erosion …
The Scored Society: Due Process For Automated Predictions, Frank Pasquale, Danielle Keats Citron
The Scored Society: Due Process For Automated Predictions, Frank Pasquale, Danielle Keats Citron
Faculty Scholarship
No abstract provided.
The Scored Society: Due Process For Automated Predictions, Danielle K. Citron
The Scored Society: Due Process For Automated Predictions, Danielle K. Citron
Faculty Scholarship
Big Data is increasingly mined to rank and rate individuals. Predictive algorithms assess whether we are good credit risks, desirable employees, reliable tenants, valuable customers — or deadbeats, shirkers, menaces, and “wastes of time.” Crucial opportunities are on the line, including the ability to obtain loans, work, housing, and insurance. Though automated scoring is pervasive and consequential, it is also opaque and lacking oversight. In one area where regulation does prevail — credit — the law focuses on credit history, not the derivation of scores from data.
Procedural regularity is essential for those stigmatized by “artificially intelligent” scoring systems. The …
Brief Of Amici Curiae Law, Business, And Economics Scholars In Alice Corp. V. Cls Bank, No. 13-298, Jason Schultz, Brian Love, James Bessen, Michael J. Meurer
Brief Of Amici Curiae Law, Business, And Economics Scholars In Alice Corp. V. Cls Bank, No. 13-298, Jason Schultz, Brian Love, James Bessen, Michael J. Meurer
Faculty Scholarship
The Federal Circuit’s expansion of patentable subject matter in the 1990s led to a threefold increase in software patents, many of which contain abstract ideas merely tethered to a general-purpose computer. There is little evidence, however, to suggest this expansion has produced an increase in software innovation. The software industry was highly innovative in the decade immediately prior to this expansion, when the viability of software patentability was unclear and software patents were few. When surveyed, most software developers oppose software patenting, and, in practice, software innovators tend to rely on other tools to capture market share such as first-mover …
Metadata: Piecing Together A Privacy Solution, Chris Conley
Metadata: Piecing Together A Privacy Solution, Chris Conley
Faculty Scholarship
Imagine the government is constantly monitoring you — keeping track of every person you call or email, every place you go, everything you buy, and more — all without getting a warrant. And when you challenge them, they claim you have no right to expect this kind of information to be private. Besides, they’re not actually listening to what you say or reading what you write, so what’s the big deal anyhow?
Unfortunately, this scenario is more real than imaginary. Government agencies ranging from the NSA to local police departments have taken advantage of weak or uncertain legal protections for …
When Enough Is Enough: Location Tracking, Mosaic Theory, And Machine Learning, Steven M. Bellovin, Renée M. Hutchins, Tony Jebara, Sebastian Zimmeck
When Enough Is Enough: Location Tracking, Mosaic Theory, And Machine Learning, Steven M. Bellovin, Renée M. Hutchins, Tony Jebara, Sebastian Zimmeck
Faculty Scholarship
Since 1967, when it decided Katz v. United States, the Supreme Court has tied the right to be free of unwanted government scrutiny to the concept of reasonable xpectations of privacy.[1] An evaluation of reasonable expectations depends, among other factors, upon an assessment of the intrusiveness of government action. When making such assessment historically the Court has considered police conduct with clear temporal, geographic, or substantive limits. However, in an era where new technologies permit the storage and compilation of vast amounts of personal data, things are becoming more complicated. A school of thought known as “mosaic theory” …
Using Egg Freezing To Extend The Biological Clock: Fertility Insurance Or False Hope?, Seema Mohapatra
Using Egg Freezing To Extend The Biological Clock: Fertility Insurance Or False Hope?, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Rise Of The Machines: Machine-Generated Data And The Confrontation Clause, Brian Sites
Rise Of The Machines: Machine-Generated Data And The Confrontation Clause, Brian Sites
Faculty Scholarship
No abstract provided.
Sender Side Transmission Rules For The Internet, Tejas N. Narechania, Tim Wu
Sender Side Transmission Rules For The Internet, Tejas N. Narechania, Tim Wu
Faculty Scholarship
Since 1966, the Federal Communications Commission has, one way or another, protected businesses that deliver services over the nation’s communications infrastructure. But in January 2014, the U.S. Court of Appeals for the D.C. Circuit struck down the FCC’s net neutrality rules contained in its 2010 Open Internet Order. FCC Chairman Tom Wheeler has since indicated that he will take up the D.C. Circuit’s invitation to implement rules that, consistent with historic practice, “will meet the court’s test for preventing improper blocking of and discrimination among Internet traffic.”
Chairman Wheeler’s statement invites an obvious question: presuming that the FCC wants …
Digital Security In The Expository Society: Spectacle, Surveillance, And Exhibition In The Neoliberal Age Of Big Data, Bernard E. Harcourt
Digital Security In The Expository Society: Spectacle, Surveillance, And Exhibition In The Neoliberal Age Of Big Data, Bernard E. Harcourt
Faculty Scholarship
In 1827, Nicolaus Heinrich Julius, a professor at the University of Berlin, identified an important architectural mutation in nineteenth-century society that reflected a deep disruption in our technologies of knowledge and a profound transformation in relations of power across society: Antiquity, Julius observed, had discovered the architectural form of the spectacle; but modern times had operated a fundamental shift from spectacle to surveillance. Michel Foucault would elaborate this insight in his 1973 Collège de France lectures on The Punitive Society, where he would declare: “[T]his is precisely what happens in the modern era: the reversal of the spectacle into surveillance…. …
The Idiosyncrasy Of Patent Examiners: Effects Of Experience And Attrition, Ronald J. Mann
The Idiosyncrasy Of Patent Examiners: Effects Of Experience And Attrition, Ronald J. Mann
Faculty Scholarship
In recent years, problems with the U.S. patent system have garnered attention from scholars and policymakers of all types. Concerns about the competitiveness of U.S. industry undergird worries that the Great Recession will linger as long as the 1990s downturn in Japan. It is no coincidence that a Congress that has remained at loggerheads on most aspects of economic policy could reach a consensus on the enactment of the Leahy-Smith America Invents Act of 2011, by far the most important statutory reform of U.S. patent law since 1995. Yet, despite Congress's long overdue attention to patent law, it is unlikely …
Justice Policy Reform For High-Risk Juveniles: Using Science To Achieve Large-Scale Crime Reduction, Jennifer L. Skeem, Elizabeth S. Scott, Edward Mulvey
Justice Policy Reform For High-Risk Juveniles: Using Science To Achieve Large-Scale Crime Reduction, Jennifer L. Skeem, Elizabeth S. Scott, Edward Mulvey
Faculty Scholarship
After a distinctly punitive era, a period of remarkable reform in juvenile crime regulation has begun. Practical urgency has fueled interest in both crime reduction and research on the prediction and malleability of criminal behavior. In this rapidly changing context, high-risk youth – the small proportion of the population where crime is concentrated – present a conundrum. Research indicates that these are precisely the individuals to intensively treat to maximize crime reduction, but there are both real and imagined barriers to doing so. Institutional placement or criminal court processing can exclude these youths from interventions that would better protect public …
Failing Expectations: Fourth Amendment Doctrine In The Era Of Total Surveillance, Olivier Sylvain
Failing Expectations: Fourth Amendment Doctrine In The Era Of Total Surveillance, Olivier Sylvain
Faculty Scholarship
Today’s reasonable expectation test and the third-party doctrine have little to nothing to offer by way of privacy protection if users today are at least conflicted about whether transactional noncontent data should be shared with third parties, including law enforcement officials. This uncertainty about how to define public expectation as a descriptive matter has compelled courts to defer to legislatures to find out what public expectation ought to be more as a matter of prudence than doctrine. Courts and others presume that legislatures are far better than courts at defining public expectations about emergent technologies.This Essay argues that the reasonable …
Protecting Health Privacy In An Era Of Big Data Processing And Cloud Computing, Frank Pasquale, Tara Adams Ragone
Protecting Health Privacy In An Era Of Big Data Processing And Cloud Computing, Frank Pasquale, Tara Adams Ragone
Faculty Scholarship
No abstract provided.
Law And Neuroscience: Recommendations Submitted To The President's Bioethics Commission, Owen D. Jones, Richard J. Bonnie, Bj Casey, Andre Davis, David L. Faigman, Morris B. Hoffman, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner, Gideon Yaffe
Law And Neuroscience: Recommendations Submitted To The President's Bioethics Commission, Owen D. Jones, Richard J. Bonnie, Bj Casey, Andre Davis, David L. Faigman, Morris B. Hoffman, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner, Gideon Yaffe
Faculty Scholarship
It has become increasingly clear that implications for criminal justice – both negative and positive – emerge from the rapid, important, and challenging developments in cognitive neuroscience, the study of how the brain thinks. Two examples will illustrate.
First, lawyers are ever more frequently bringing neuroscientific evidence into the courtroom, often in the forms of testimony about, and graphic images of, human brains. This trend has produced many new challenges for judges as they attempt to provide fair rulings on the admissibility of such technical evidence, consider its proper interpretation, and assess whether the probative value of such testimony may …
Five Steps To Successfully Developing A Law Practice Technology Course, Femi Cadmus
Five Steps To Successfully Developing A Law Practice Technology Course, Femi Cadmus
Faculty Scholarship
No abstract provided.