Rutgers Law School
San Jose State University
American University Washington College of Law
University of California, Hastings College of the Law
Augustana College, Rock Island Illinois
Touro Law Center
Duke Law
Vanderbilt University Law School
James Madison University
University of Michigan Law School
The Power Of Local: Nearby Innovators Dominate Patented Technology Development,
2023
Northwestern Pritzker School of Law
The Power Of Local: Nearby Innovators Dominate Patented Technology Development, Richard Gruner
Northwestern Journal of Technology and Intellectual Property
Advances by nearby innovators – close enough to interact in person – play key roles in patented technology development. Patents frequently cite nearby innovations, identifying these local innovations as the background for further patented inventions. Such citations reveal narrow geographic areas with intensely active innovation communities advancing similar projects and technologies. Local innovators – working within a commutable distance of 40 miles or less of each other – accounted for 25 percent of all patent citations between 2010 and 2019 and about 21 percent of citations by disinterested patent examiners reviewing patent applications. These percentages of citations to local advances …
Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing,
2023
Bridgewater College
Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing, E. Wyatt Jones
Honors Projects
DNA dragnets have attracted both public and scholarly criticisms that have yet to be resolved by the Courts. This review will introduce a modern understanding of DNA analysis, a complete introduction to past and present Fourth and Fourteenth Amendment jurisprudence, and existing suggestions concerning similar issues in legal scholarship. Considering these contexts, this review concludes that a focus on privacy and property at once, with a particular sensitivity to the inseverable relationship between the two interests, is Constitutionally consistent with precedent and the most workable means of answering the question at hand.
Freedom Of Algorithmic Expression,
2023
University of Cincinnati College of Law
Freedom Of Algorithmic Expression, Inyoung Cheong
University of Cincinnati Law Review
Can content moderation on social media be considered a form of speech? If so, would government regulation of content moderation violate the First Amendment? These are the main arguments of social media companies after Florida and Texas legislators attempted to restrict social media platforms’ authority to de-platform objectionable content.
This article examines whether social media companies’ arguments have valid legal grounds. To this end, the article proposes three elements to determine that algorithms classify as “speech:” (1) the algorithms are designed to communicate messages; (2) the relevant messages reflect cognitive or emotive ideas beyond mere operational matters; and (3) they …
The Return Of Public Goods: Introduction To A Symposium,
2023
University of St. Thomas School of Law, Minnesota
The Return Of Public Goods: Introduction To A Symposium, Dr. Charles J. Reid, Jr.
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Standing Up To Hackers: Article Iii Standing For Victims Of Data Breaches,
2023
Coffey Burlington, PL.
Standing Up To Hackers: Article Iii Standing For Victims Of Data Breaches, Kendall Coffey
University of Miami Law Review
Despite the increasing amount of data breaches, there is no liability for parties who do not adequately protect victim’s information. In federal court, plaintiffs must show that their injury was concrete, particularized, and imminent. But, when plaintiffs’ information has been stolen, but not yet criminally used, they may be unable to establish a right to relief. Victims face challenges when seeking damage for this future harm, because despite their destroyed privacy, they may not have evidence of a perpetrator’s actual misuse of purloined data. This Article analyzes multiple court decisions, generally in the setting of class-actions, and discusses outcomes of …
The Microsoft Litigation’S Lessons For United States V. Google,
2023
Penn State Law
The Microsoft Litigation’S Lessons For United States V. Google, John E. Lopatka, William H. Page
University of Miami Law Review
The United States Department of Justice (“DOJ”) and three overlapping groups of states have filed federal antitrust cases alleging Google has monopolized internet search, search advertising, internet advertising technologies, and app distribution on Android phones. In this Article, we focus on the DOJ’s claims that Google has used contracts with tech firms that distribute Google’s search services in order to exclude rival search providers and thus to monopolize the markets for search and search advertising—the two sides of Google’s search platform. The primary mechanisms of exclusion, according to the DOJ, are the many contracts Google has used to secure its …
The Freedom Of Influencing,
2023
Florida International University College of Law.
The Freedom Of Influencing, Hannibal Travis
University of Miami Law Review
Social media stars and the Federal Trade Commission (“FTC”) Act are clashing. Influencer marketing is a preferred way for entertainers, pundits, and everyday people to monetize their audiences and popularity. Manufacturers, service providers, retailers, and advertising agencies leverage influencers to reach into millions or even billions of consumer devices, capturing minutes or seconds of the market’s fleeting attention. FTC enforcement actions and private lawsuits have targeted influencers for failing to disclose the nature of a sponsorship relationship with a manufacturer, marketer, or service provider. Such a failure to disclose payments prominently is very common in Hollywood films and on radio …
Freezing Innovation: How The Platform Competition And Opportunity Act Will Freeze Funds In The Tech Start-Up Market,
2023
Pepperdine University
Freezing Innovation: How The Platform Competition And Opportunity Act Will Freeze Funds In The Tech Start-Up Market, Brandon Wong
Pepperdine Law Review
The rise of technological giants like Amazon, Apple, Google, and Facebook motivated the House Judiciary Committee to pass a slew of new antitrust legislation bills to curb these companies’ considerable market power. The Platform Competition and Opportunity Act proposes to significantly cut a dominant online platform’s ability to continue growing by deeming certain acquisitions presumptively unlawful. The Act shifts the burden to the acquiring company to prove the proposed transaction would not be anticompetitive by eliminating a potential competitor. In an effort to protect competition, the Act has good intentions to protect start-up companies that are fearful of being acquired …
To “Opt Out” Go To Court: How The Public Nuisance Doctrine Can Solve The Robotext Circuit Split And Support Plaintiffs,
2023
Brooklyn Law School
To “Opt Out” Go To Court: How The Public Nuisance Doctrine Can Solve The Robotext Circuit Split And Support Plaintiffs, Talia L. Balakirsky
Brooklyn Law Review
Text messaging is now one of the predominant modes of communication. Because of this popularity, businesses and fraudsters alike are now consistently communicating with and targeting consumers by text, leading to an uncountable amount of unsolicited text messages. Courts across the country are grappling with how to remedy a wide range of injuries resulting from these messages. As outlined in Article III of the Constitution and later clarified by the Supreme Court in Spokeo v. Robins, to bring a case in federal court, plaintiffs must assert standing. With unsolicited text messages impacting millions of Americans, adequately asserting standing proves to …
The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule,
2023
Villanova University Charles Widger School of Law
The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule, David S. Caudill
Villanova Law Review
No abstract provided.
The Owls: Some Difficulties In Judging Scientific Consensus,
2023
Villanova University Charles Widger School of Law
The Owls: Some Difficulties In Judging Scientific Consensus, Harry Collins
Villanova Law Review
No abstract provided.
The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox,
2023
Villanova University Charles Widger School of Law
The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox, Martin Weinel
Villanova Law Review
No abstract provided.
The Consensus Rule: Lessons From The Regulatory World,
2023
Villanova University Charles Widger School of Law
The Consensus Rule: Lessons From The Regulatory World, Wendy Wagner
Villanova Law Review
No abstract provided.
Embracing Deference,
2023
Villanova University Charles Widger School of Law
Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton
Villanova Law Review
No abstract provided.
The Consensus Rule: Judges, Jurors, And Admissibility Hearings,
2023
Villanova University Charles Widger School of Law
The Consensus Rule: Judges, Jurors, And Admissibility Hearings, Robert Evans
Villanova Law Review
No abstract provided.
Who Is Manning The Ship? The Environmental And Legal Questions Facing The Emerging Commercial Space Tourism Market,
2023
Villanova University Charles Widger School of Law
Who Is Manning The Ship? The Environmental And Legal Questions Facing The Emerging Commercial Space Tourism Market, Alec Fante
Villanova Environmental Law Journal
No abstract provided.
Intersection Of U.S. Patents And Space Law – How Infringement Exists Among The Stars,
2023
Santa Clara Law
Intersection Of U.S. Patents And Space Law – How Infringement Exists Among The Stars, Perez, Erik I.
Santa Clara High Technology Law Journal
With the recent proliferation of the commercialization of space, private entities are beginning to race towards the sky. Increased use of privatized money in space has greatly increased the probability of intellectual property used outside the bounds of the United States on the terrestrial Earth. Current literature has analyzed certain aspects of international space treaties but very few have proposed solutions to combatting space travel. Current literature has not proposed any solutions to the current evolution and explosion of space travel. This paper reviews the past historical analysis from previous authors, looks forward to the proliferation of privatized space travel, …
Biotechnology Patent Law Top Ten Of 2021. Experimentation, Blaze Marks, And Unspecified Ranges,
2023
Santa Clara Law
Biotechnology Patent Law Top Ten Of 2021. Experimentation, Blaze Marks, And Unspecified Ranges, Noonan, Kevin E., Torrance, Andrew W.
Santa Clara High Technology Law Journal
Biotechnology has never demonstrated its benefits to society more than in 2021. The SARS-CoV-2 virus that caused the CoVID-19 pandemic met a formidable opponent in mRNA vaccines developed and supplied by Moderna and Pfizer/BioNTech. These vaccines are claimed in myriad – not Myriad – patents and patent applications, many of which are destined to be litigated over the coming years, not least inspired by the many billions of dollars that have been, and will continue to be, earned by their owners. While the world waits for this storm of patent litigation, federal courts continue to be busy with ownership, licensing, …
Something Doesn’T Add Up: Solving Dna Forensic Science Statistical Fallacies In Trial Testimony,
2023
Vanderbilt University
Something Doesn’T Add Up: Solving Dna Forensic Science Statistical Fallacies In Trial Testimony, Kendall Brooke Kilberger
Vanderbilt Journal of Entertainment & Technology Law
While the limitations of traditional forensic sciences are generally recognized, the presentation of DNA forensic science statistical testimony has widely evaded criticism. This lack of oversight has allowed four DNA forensic science statistical fallacies to plague the legal system: providing statistics without empirical support, the individualization fallacy, the prosecutor’s fallacy, and the defense attorney’s fallacy. These fallacies pose a significant risk to the preservation of justice, as erroneous DNA forensic science statistical testimony plays a critical role in wrongfully convicting innocent defendants.
This Note suggests administering standard jury instructions every time DNA forensic science statistical testimony is presented during trial. …
Legal Dispositionism And Artificially-Intelligent Attributions,
2023
Singapore Management University
Legal Dispositionism And Artificially-Intelligent Attributions, Jerrold Tsin Howe Soh
Research Collection Yong Pung How School Of Law
It is conventionally argued that because an artificially-intelligent (AI) system acts autonomously, its makers cannot easily be held liable should the system's actions harm. Since the system cannot be liable on its own account either, existing laws expose victims to accountability gaps and need to be reformed. Recent legal instruments have nonetheless established obligations against AI developers and providers. Drawing on attribution theory, this paper examines how these seemingly opposing positions are shaped by the ways in which AI systems are conceptualised. Specifically, folk dispositionism underpins conventional legal discourse on AI liability, personality, publications, and inventions and leads us towards …
