Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (36)
- Intellectual Property Law (32)
- Internet Law (28)
- Computer Law (25)
- International Law (23)
-
- Privacy Law (23)
- Environmental Law (22)
- Legal Ethics and Professional Responsibility (22)
- Animal Law (21)
- Jurisprudence (20)
- Natural Resources Law (20)
- Evidence (19)
- Legal Education (19)
- Indigenous, Indian, and Aboriginal Law (18)
- Legal Profession (18)
- Legislation (18)
- Water Law (18)
- Administrative Law (17)
- Communications Law (17)
- Constitutional Law (17)
- Law and Politics (17)
- Litigation (17)
- State and Local Government Law (17)
- Torts (17)
- Energy and Utilities Law (16)
- Fourth Amendment (16)
- Health Law and Policy (16)
- Legal History (16)
- Institution
-
- Seattle University School of Law (14)
- University of Colorado Law School (12)
- Schulich School of Law, Dalhousie University (8)
- New York Law School (7)
- Selected Works (7)
-
- Columbia Law School (6)
- Lewis & Clark Law School (6)
- Chicago-Kent College of Law (4)
- University of Massachusetts School of Law (4)
- University of Pittsburgh School of Law (4)
- BLR (3)
- Maurer School of Law: Indiana University (3)
- U.S. Naval War College (3)
- University of Pennsylvania Carey Law School (3)
- Pepperdine University (2)
- Roger Williams University (2)
- Singapore Management University (2)
- University of Baltimore Law (2)
- University of Michigan Law School (2)
- University of Montana (2)
- West Virginia University (2)
- William & Mary Law School (2)
- American University Washington College of Law (1)
- Augustana College (1)
- Bard College (1)
- Boston University School of Law (1)
- Bridgewater College (1)
- Butler University (1)
- California State University, San Bernardino (1)
- City University of New York (CUNY) (1)
- Publication Year
- Publication
-
- Seattle University Law Review (14)
- All Faculty Scholarship (9)
- Faculty Scholarship (7)
- Publications (7)
- Animal Law Review (6)
-
- Articles & Chapters (6)
- Faculty Publications (5)
- Dalhousie Law Journal (4)
- Articles (3)
- Book Chapters (3)
- ExpressO (3)
- International Law Studies (3)
- Reports & Public Policy Documents (3)
- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (2)
- Law Faculty Scholarship (2)
- Pepperdine Law Review (2)
- Public Land & Resources Law Review (2)
- Research Collection Yong Pung How School Of Law (2)
- A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8) (1)
- Articles, Book Chapters, & Popular Press (1)
- Augustana Center for the Study of Ethics Essay Contest (1)
- Butler University Books (1)
- Catholic University Law Review (1)
- Doctoral Dissertations (1)
- Duke Law & Technology Review (1)
- Duquesne Law Review (1)
- Faculty Works (1)
- Fredric I. Lederer (1)
- Honors Projects (1)
- IP Theory (1)
- Publication Type
- File Type
Articles 31 - 60 of 122
Full-Text Articles in Science and Technology Law
Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips
Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips
Journal of Digital Forensics, Security and Law
Military-grade cryptography has been widely available at no cost for personal and commercial use since the early 1990s. Since the introduction of Pretty Good Privacy (PGP), more and more people encrypt files and devices, and we are now at the point where our smartphones are encrypted by default. While this ostensibly provides users with a high degree of privacy, compelling a user to provide a password has been interpreted by some courts as a violation of our Fifth Amendment protections, becoming an often insurmountable hurdle to law enforcement lawfully executing a search warrant. This paper will explore some of the …
Fixing America's Founding, Maeve Glass
Fixing America's Founding, Maeve Glass
Faculty Scholarship
The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …
What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone
What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone
Linda A. Malone
No abstract provided.
Scientific Evidence - An Introduction, Fredric I. Lederer
Scientific Evidence - An Introduction, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Algorithms And Human Freedom, Richard Warner, Robert Sloan
Algorithms And Human Freedom, Richard Warner, Robert Sloan
All Faculty Scholarship
Predictive analytics such as data mining, machine learning, and artificial intelligence drive algorithmic decision making. Its "all-encompassing scope already reaches the very heart of a functioning society". Unfortunately, the legal system and its various tools developed around human decisionmakers cannot adequately administer accountability mechanisms for computer decision making. Antiquated approaches require modernization to bridge the gap between governing human decision making and new technologies. We divide the bridge-building task into three questions. First, what features of the use of predictive analytics significantly contribute to incorrect, unjustified, or unfair outcomes? Second, how should one regulate those features to make outcomes more …
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Public Land & Resources Law Review
In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …
Intersection Of Law, Science, Technology, & The Humanities, Marissa J. Moran, Yu-Wen Chen, Sarah A. Standing
Intersection Of Law, Science, Technology, & The Humanities, Marissa J. Moran, Yu-Wen Chen, Sarah A. Standing
Publications and Research
The challenge of how best to incorporate the wealth of educational/research material currently available through technologies and drawn from the social, cultural, economic, political and legal aspects of our society today has brought together professors from three distinct disciplines and schools at New York City College of Technology, CUNY to research, design, and create innovative new courses and to continually revise content and methodology in existing courses. This dynamic and interdisciplinary approach to learning allows our undergraduate students opportunities to research and apply their knowledge to existing societal issues, in “real-time” to analyze, discuss, and suggest ways to improve upon …
The Internet Adopts Two-Way Radio, Henry Perritt
The Internet Adopts Two-Way Radio, Henry Perritt
All Faculty Scholarship
The Internet, having displaced conventional correspondence with email, having displaced traditional libraries with online ones, having revolutionized shopping, having uprooted television and movies, now is absorbing police, fire, ambulance, and public utility two-radio systems.Digital radio technologies combine with Internet switching of transmitters, receivers, and networks, so that a police officer can talk to an ambulance driver or a train dispatcher across the state or across the country. Specialized cellphones are becoming indistinguishable from walkie-talkies. Cellular telephone channels replace two-way-radio air links.Integration of “private mobile radio” into the Internet is the result of specific advances in radio and networking technology that …
Artificial Intelligence And Law: An Overview, Harry Surden
Artificial Intelligence And Law: An Overview, Harry Surden
Publications
Much has been written recently about artificial intelligence (AI) and law. But what is AI, and what is its relation to the practice and administration of law? This article addresses those questions by providing a high-level overview of AI and its use within law. The discussion aims to be nuanced but also understandable to those without a technical background. To that end, I first discuss AI generally. I then turn to AI and how it is being used by lawyers in the practice of law, people and companies who are governed by the law, and government officials who administer the …
Law's Halo And The Moral Machine, Bert I. Huang
Law's Halo And The Moral Machine, Bert I. Huang
Faculty Scholarship
How will we assess the morality of decisions made by artificial intelligence – and will our judgments be swayed by what the law says? Focusing on a moral dilemma in which a driverless car chooses to sacrifice its passenger to save more people, this study offers evidence that our moral intuitions can be influenced by the presence of the law.
Will Artificial Intelligence Eat The Law? The Rise Of Hybrid Social-Ordering Systems, Tim Wu
Will Artificial Intelligence Eat The Law? The Rise Of Hybrid Social-Ordering Systems, Tim Wu
Faculty Scholarship
Software has partially or fully displaced many former human activities, such as catching speeders or flying airplanes, and proven itself able to surpass humans in certain contests, like Chess and Jeopardy. What are the prospects for the displacement of human courts as the centerpiece of legal decision-making? Based on the case study of hate speech control on major tech platforms, particularly on Twitter and Facebook, this Essay suggests displacement of human courts remains a distant prospect, but suggests that hybrid machine – human systems are the predictable future of legal adjudication, and that there lies some hope in that combination, …
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …
Humans Forget, Machines Remember: Artificial Intelligence And The Right To Be Forgotten, Tiffany Li, Eduard Fosch Villaronga, Peter Kieseberg
Humans Forget, Machines Remember: Artificial Intelligence And The Right To Be Forgotten, Tiffany Li, Eduard Fosch Villaronga, Peter Kieseberg
Faculty Scholarship
To understand the Right to be Forgotten in context of artificial intelligence, it is necessary to first delve into an overview of the concepts of human and AI memory and forgetting. Our current law appears to treat human and machine memory alike – supporting a fictitious understanding of memory and forgetting that does not comport with reality. (Some authors have already highlighted the concerns on the perfect remembering.) This Article will examine the problem of AI memory and the Right to be Forgotten, using this example as a model for understanding the failures of current privacy law to reflect the …
Katz V. United States: Back To The Future?, Michael Vitiello
Katz V. United States: Back To The Future?, Michael Vitiello
University of Richmond Law Review
No abstract provided.
Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden
Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden
Publications
Technological change recently has altered business models in the legal field, and these changes will continue to affect the practice of law itself. How can we, as educators, prepare law students to meet the challenges of new technology throughout their careers?
Planet Netsweeper, Jakub Dalek, Lex Gill, Bill Marczak, Sarah Mckune, Naser Noor, Joshua Oliver, Jonathon Penney, Adam Senft, Ronald Deibert
Planet Netsweeper, Jakub Dalek, Lex Gill, Bill Marczak, Sarah Mckune, Naser Noor, Joshua Oliver, Jonathon Penney, Adam Senft, Ronald Deibert
Reports & Public Policy Documents
Internet filtering technologies play a critical role in shaping access to information online. Whether we are connecting to the Internet from our homes, coffee shops, libraries, or places of work, software that inspects, manages, and/or blocks our communications has become commonplace. When used at the level of large, consumer-facing Internet Service Providers (ISPs), Internet filtering technologies can have significant human rights impacts. A growing number of governments employ Internet filtering systems at this scale in order to undertake national-level censorship of the Internet. Filtered content ranges from pornography, hate speech, and speech promoting or inciting violence, to political opposition websites, …
Keeping The Internet Invisible: Television Takes Over, Henry Perritt
Keeping The Internet Invisible: Television Takes Over, Henry Perritt
All Faculty Scholarship
No abstract provided.
Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian
Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian
Journal of International Technology and Information Management
The rapid growth of AI systems has implications on a wide variety of fields. It can prove to be a boon to disparate fields such as healthcare, education, global logistics and transportation, to name a few. However, these systems will also bring forth far-reaching changes in employment, economy and security. As AI systems gain acceptance and become more commonplace, certain critical questions arise: What are the legal and security ramifications of the use of these new technologies? Who can use them, and under what circumstances? What is the safety of these systems? Should their commercialization be regulated? What are the …
Problems With Using Statistics To Justify Institutional Policies, Justin Shin
Problems With Using Statistics To Justify Institutional Policies, Justin Shin
Senior Projects Spring 2017
It is becoming increasingly common for institutions to use statistics to inform policy decisions. We should be prepared to ask ourselves what regulatory principles should be imposed on institutions that seek to justify certain policies through deference to a statistical analysis. This paper will examine the difficulties that come with using statistics to justify actions, and argue that certain standards of transparency and verifiability should be expected from any institution that seeks to involve a statistical analysis in the formation of policies. I will first use Market Share Liability, an established use of statistics, to draw out what responsibilities an …
Amazon's Antitrust Paradox, Lina M. Khan
Amazon's Antitrust Paradox, Lina M. Khan
Faculty Scholarship
Amazon is the titan of twenty-first century commerce. In addition to being a retailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading host of cloud server space. Although Amazon has clocked staggering growth, it generates meager profits, choosing to price below-cost and expand widely instead. Through this strategy, the company has positioned itself at the center of e-commerce and now serves as essential infrastructure for a host of other …
Artificial Intelligence Policy: A Primer And Roadmap, Ryan Calo
Artificial Intelligence Policy: A Primer And Roadmap, Ryan Calo
Articles
Talk of artificial intelligence is everywhere. People marvel at the capacity of machines to translate any language and master any game. Others condemn the use of secret algorithms to sentence criminal defendants or recoil at the prospect of machines gunning for blue, pink, and white-collar jobs. Some worry aloud that artificial intelligence will be humankind’s “final invention.” This essay, prepared in connection with UC Davis Law Review's 50th anniversary symposium, explains why AI is suddenly on everyone's mind and provides a roadmap to the major policy questions AI raises. The essay is designed to help policymakers, investors, technologists, scholars, and …
The Ethical Debate On Drones, Anne Hopkins
The Ethical Debate On Drones, Anne Hopkins
Augustana Center for the Study of Ethics Essay Contest
No abstract provided.
Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School Of Law
Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Trending @ Rwu Law: Linn F. Freedman's Post: The Goal Of Gender Equality In Cybersecurity 08/23/2016, Linn F. Freedman
Trending @ Rwu Law: Linn F. Freedman's Post: The Goal Of Gender Equality In Cybersecurity 08/23/2016, Linn F. Freedman
Law School Blogs
No abstract provided.
Making Civilian Drones Safe: Performance Standards, Self-Certification, And Post-Sale Data Collection, Henry Perritt, Albert Plawinski
Making Civilian Drones Safe: Performance Standards, Self-Certification, And Post-Sale Data Collection, Henry Perritt, Albert Plawinski
All Faculty Scholarship
With millions of small drones in private hands, the FAA continues its struggle to develop an effective regulatory regime to comply with Congress’s mandate to integrate them into the national airspace system. Thousands of individuals and small businesses have obtained authorization from the FAA—"section 333 exemptions"—allowing them to fly their drones commercially. Farmers, TV stations, surveyors, construction-site supervisors, real estate agents, people selling their properties, and managers seeking cheaper and safer ways to inspect their facilities, want to hire the exemption holders, but many are holding back until the FAA clarifies the groundrules.The FAA understands that its traditional approach for …
Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, Jeffrey K. Gurney
Crashing Into The Unknown: An Examination Of Crash Optimization Algorithms Through The Two Lanes Of Ethics And Law, Jeffrey K. Gurney
Jeffrey K Gurney
Autonomous vehicles will encounter situations where an accident is truly unavoidable, requiring the vehicle to decide whom or what to hit. In such situations, the vehicle will make difficult ethical decisions based upon its programming — more specifically, how its crash-optimization algorithm is programmed.This Article examines crash-optimization algorithms from an ethical and legal standpoint through the lenses of six moral dilemmas. Ethically, the Article focuses specifically on utilitarian and Kantian ethics. Legally, the Article considers the tort and criminal law implications of crash-optimization algorithms.In addition, the Article discusses whether autonomous vehicles should even make ethical decisions. Concluding that they should …
Modularity Theory And Internet Regulation, Christopher S. Yoo
Modularity Theory And Internet Regulation, Christopher S. Yoo
All Faculty Scholarship
Modularity is often cited as one of the foundations for the Internet’s success. Unfortunately, academic discussions about modularity appearing in the literature on Internet policy are undertheorized. The persistence of nonmodular architectures for some technologies underscores the need for some theoretical basis for determining when modularity is the preferred approach. Even when modularity is desirable, theory must provide some basis for making key design decisions, such as the number of modules, the location of the interfaces between the modules, and the information included in those interfaces.
The literature on innovation indicates that modules should be determined by the nature of …
The Changing Life Science Patent Landscape, Arti K. Rai, Jacob S. Sherkow
The Changing Life Science Patent Landscape, Arti K. Rai, Jacob S. Sherkow
Articles & Chapters
Over the past two decades, patent law in the life sciences has been buffeted by numerous controversies. With courts, legislatures and patent offices all responding, one could be forgiven for believing that the main constant has been change. In the following article, we look back at some of the major events in life science intellectual property (IP) law and business practice over the past 20 years and then suggest where IP practice in the life sciences may be heading in the coming years.
Describing Drugs: A Response To Professors Allison And Ouellette, Jacob S. Sherkow
Describing Drugs: A Response To Professors Allison And Ouellette, Jacob S. Sherkow
Articles & Chapters
Profs. Allison and Ouellette’s Article, How Courts Adjudicate Patent Definiteness and Disclosure, 65 Duke L.J.609 (2015), on courts’ adjudication of certain patent disputes presents some surprising data: pharmaceutical patents litigated to judgment fare substantially worse on written-description analyses if they are not part of traditional pioneer-generic litigation. This Response engages in several hypotheses for this disparity and examines the cases that make up Allison and Ouellette’s dataset. An analysis of these cases finds that the disparity can be best explained by technological and judicial idiosyncrasies in each case, rather than larger differences among pharmaceutical patent cases. This finding contextualizes …
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini
Seattle University Law Review
Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may …