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The Promise And Problem Of Biologics, Michael A. Sanzo 2017 Santa Clara Law

The Promise And Problem Of Biologics, Michael A. Sanzo

Santa Clara High Technology Law Journal

The Promise and Problem of Biologics


Fairness In Copyright Law: An Anglo-American Comparison, Ilanah Fhima 2017 Santa Clara Law

Fairness In Copyright Law: An Anglo-American Comparison, Ilanah Fhima

Santa Clara High Technology Law Journal

Fairness in Copyright Law: An Anglo-American Comparison


On Copyright And Scientific Theory, Thomas M. Byron 2017 Santa Clara Law

On Copyright And Scientific Theory, Thomas M. Byron

Santa Clara High Technology Law Journal

On Copyright and Scientific Theory


The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail 2017 Pepperdine University

The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail

Pepperdine Law Review

For many years, DNA databases have helped solve countless serious, violent crimes by connecting low-level offenders to unsolved crimes. Because the passage of Proposition 47 reduced several low-level crimes to misdemeanors, which do not qualify for DNA sample collection, Proposition 47 has severely limited law enforcement’s ability to solve serious, violent crimes through California’s DNA database and reliable DNA evidence. This powerful law enforcement tool must be preserved to prevent additional crimes from being committed, to exonerate the innocent, and to provide victims with closure through conviction of their assailants or offenders. Proposition 47’s unintended consequences have ...


Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert 2017 University of Pennsylvania Law School

Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert

Faculty Scholarship

Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...


The Legal Implications Of Sony's Cyberhack, Alex Campbell 2017 University of Oklahoma College of Law

The Legal Implications Of Sony's Cyberhack, Alex Campbell

Oklahoma Journal of Law and Technology

No abstract provided.


The Sky Is Not Falling: An Analysis Of The National Strategy For Trusted Identities In Cyberspace And The Proposed Identity Ecosystem, Aaron L. Jackson 2017 University of Oklahoma College of Law

The Sky Is Not Falling: An Analysis Of The National Strategy For Trusted Identities In Cyberspace And The Proposed Identity Ecosystem, Aaron L. Jackson

Oklahoma Journal of Law and Technology

No abstract provided.


Confusion Abounds Regarding Patent Eligibility Within The Biotechnology Community, Foster Dobry 2017 University of Oklahoma College of Law

Confusion Abounds Regarding Patent Eligibility Within The Biotechnology Community, Foster Dobry

Oklahoma Journal of Law and Technology

No abstract provided.


Emerging Issues: New Uses, Whether Threat Or Chance, What Is The Current And Appropriate Legal Treatment?, Qadir Qeidary 2017 University of Oklahoma College of Law

Emerging Issues: New Uses, Whether Threat Or Chance, What Is The Current And Appropriate Legal Treatment?, Qadir Qeidary

Oklahoma Journal of Law and Technology

Legal status of the new detected uses for old patents as an independent invention is a problematic issue that gives rise to basic legal challenges regarding patent's promotion standards of protection, in particular the prolongation of the patent monopoly's term. International instruments, uncertainties, and a variety of treatments within different national and regional jurisdictions have increased the complexities of patentability of new uses. These uncertainties, especially in Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), the most important covenant on commercial aspects of intellectual properties toward new uses, have resulted in dividing various jurisdictions into contradictory ...


Access To Genetics Resources In Indonesia: Need Further Legislation?, Emmy Latifa 2017 University of Oklahoma College of Law

Access To Genetics Resources In Indonesia: Need Further Legislation?, Emmy Latifa

Oklahoma Journal of Law and Technology

No abstract provided.


Amoral Machines, Or: How Roboticists Can Learn To Stop Worrying And Love The Law, Bryan Casey 2017 Stanford Law School

Amoral Machines, Or: How Roboticists Can Learn To Stop Worrying And Love The Law, Bryan Casey

Northwestern University Law Review

The media and academic dialogue surrounding high-stakes decisionmaking by robotics applications has been dominated by a focus on morality. But the tendency to do so while overlooking the role that legal incentives play in shaping the behavior of profit-maximizing firms risks marginalizing the field of robotics and rendering many of the deepest challenges facing today’s engineers utterly intractable. This Essay attempts to both halt this trend and offer a course correction. Invoking Justice Oliver Wendell Holmes’s canonical analogy of the “bad man . . . who cares nothing for . . . ethical rules,” it demonstrates why philosophical abstractions like the trolley problem—in ...


Patent Arbitration: The Underutilized Process For Resolving International Patent Disputes In The Pharmaceutical And Biotechnology Industries, Alessandra Emini 2017 Penn State Law

Patent Arbitration: The Underutilized Process For Resolving International Patent Disputes In The Pharmaceutical And Biotechnology Industries, Alessandra Emini

Arbitration Law Review

No abstract provided.


The Uberization Of Arbitration Clauses, Jill I. Gross 2017 Elisabeth Haub School of Law, Pace University

The Uberization Of Arbitration Clauses, Jill I. Gross

Arbitration Law Review

No abstract provided.


Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel 2017 UCLA Law School

Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel

Arbitration Law Review

No abstract provided.


The Algorithm As A Human Artifact: Implications For Legal [Re]Search [Appendix B], Susan Nevelow Mart 2017 University of Colorado Law School

The Algorithm As A Human Artifact: Implications For Legal [Re]Search [Appendix B], Susan Nevelow Mart

Research Data

This document, "Search Instructions for Algorithm Study," is an electronic Appendix B to, and is cited in, the empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 1, 21 (2017), available at .


Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart 2017 University of Colorado Law School

Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

These documents underlie and are cited in this empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 1, 32 (2017), available at .

The ZIP file contains three files: one PDF document ("Tables for Charts 1-3"), and two SPSS files ("Data Archive" and "Syntax Archive" (SPSS version 24)). The "Syntax Archive" file may be viewed in a text editor (e.g., Notepad) as well as in SPSS.


Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky 2017 University of Minnesota Law School

Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky

Hari Osofsky

During the 2001–02 academic year, I lived in China, teaching U.S. civil rights law and helping to start a labor law clinic. My first day of teaching the fall civil rights course was the day of the September 11 attacks, and that event and reactions to it played a dominant role in my experience of that year. However, it was also a particularly interesting year to be in China from an environmental-energy perspective because the Three Gorges Dam was in the process of being built and brought onlie. At that point, the area was partially flooded and it ...


The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman 2017 Pepperdine University

The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman

Pepperdine Law Review

Recent advances in technology are posing new challenges for a legal system based on decades-old precedent. Nowhere is this more apparent than in law enforcement’s warrantless use of IMSI Catchers. These devices mimic a cell phone tower, and when the device is activated, cell phones will naturally connect to them. Law enforcement officers can use those intercepted cell phone signals to track a suspect’s movements in real time with startling accuracy. Scholarly commentary on these devices has largely concluded that their use requires a warrant. This Comment engages in a close examination of Fourth Amendment precedent and argues ...


Germ-Line Gene Editing And Congressional Reaction In Context: Learning From Almost 50 Years Of Congressional Reactions To Biomedical Breakthroughs, Russell A. Spivak, J.D., I. Glenn Cohen, J.D., Eli Y. Adashi, M.D., M.S. 2017 Harvard Law School

Germ-Line Gene Editing And Congressional Reaction In Context: Learning From Almost 50 Years Of Congressional Reactions To Biomedical Breakthroughs, Russell A. Spivak, J.D., I. Glenn Cohen, J.D., Eli Y. Adashi, M.D., M.S.

Journal of Law and Health

On December 18, 2015, President Obama signed into law a policy rider forestalling the therapeutic modification of the human germ line. The rider, motivated by the science’s potential unethical ends, is only the most recent instance in which the legislature cut short the ongoing national conversation on the acceptability of a developing science. This essay offers historical perspective on what bills were proposed and passed surrounding four other then-developing scientific breakthroughs—Recombinant DNA, in vitro fertilization, Cloning, Stem Cells—to better analyze how Congress is, and should, regulate this exciting and promising science.


Three-Dimensional Printing And A Laissez-Faire Attitude Towards The Evolution Of The Products Liability Doctrine, Evan Malloy 2017 University of Florida Levin College of Law

Three-Dimensional Printing And A Laissez-Faire Attitude Towards The Evolution Of The Products Liability Doctrine, Evan Malloy

Florida Law Review

This Note presents an analysis of how those engaged in three-dimensional (3D) printing may be treated under the products liability doctrine. While 3D printing has the potential to dramatically change the manufacturing process of nearly every good on the consumer market, the unique manufacturing process alone will not automatically bar recovery for every plaintiff injured by an object manufactured using a 3D printer. Courts have not yet defined the scope of liability for actors engaged in creating objects using 3D printers, but an injured plaintiff will have numerous avenues to recovery thanks to the flexibility of the products liability doctrine ...


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