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Another "Straightforward Application": The Impact Of Melendez-Diaz On Forensic Testing And Expert Testimony In Controlled Substance Cases, John Wait 2010 Campbell University School of Law

Another "Straightforward Application": The Impact Of Melendez-Diaz On Forensic Testing And Expert Testimony In Controlled Substance Cases, John Wait

Campbell Law Review

Part I of this Article will analyze Melendez-Diaz with a focus on extracting indicators within the opinion that lend guidance as to how the opinion could be extended to Bullcoming and to expert testimony based on forensic reports in controlled substance cases. Part II will provide an overview of the tests utilized by the SBI to determine the nature and quantity, if any, of suspected controlled substances with the goal of ascertaining who, under Melendez-Diaz, should be subject to confrontation. Part III will provide a prediction of the outcome in Bullcoming. Finally, Part IV will review the pending cases from ...


The Consequence Of Human Differences, Jospeh Vining 2010 University of Michigan Law School

The Consequence Of Human Differences, Jospeh Vining

Articles

This essay explores the ways in which the recognition of individual and person in the legal form of thought distinguishes it from forms of thought in evolutionary biology and mathematics that are put forward as means to a complete picture of the world. The essay observes that the legal form of thought is in fact deeply involved in our modern understanding of Nature itself.


Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel A. Lyons 2010 Boston College Law School

Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel A. Lyons

Boston College Law School Faculty Papers

“Net neutrality” refers to the principle that broadband providers should not limit the content and applications available over the Internet. Long a rallying cry of techies and academics, it has become one of the central pillars of the Obama Administration’s telecommunications policy. The Federal Communications Commission’s efforts to regulate the “onramp to the Internet” have attracted significant attention from the telecommunications industry and the academic community, which have debated whether the proposed restrictions violate broadband providers’ First Amendment rights. But there is an additional constitutional implication of net neutrality that has not yet been sufficiently addressed in the ...


Neuroscience And The Free Exercise Of Religion, Steven Goldberg 2010 Georgetown University Law Center

Neuroscience And The Free Exercise Of Religion, Steven Goldberg

Georgetown Law Faculty Publications and Other Works

Recent developments in neuroscience that purport to reduce religious experience to specific parts of the brain will not diminish the fundamental cultural or legal standing of religion. William James debunked this possibility in The Varieties of Religious Experience (1902) when he noted that “the organic causation of a religious state of mind” no more refutes religion than the argument that scientific theories are so caused refutes science. But there will be incremental legal change in areas like civil commitment where judges must sometimes distinguish between mental disorder and religious belief. The paradox is that the ecstatic religious experience of unorthodox ...


From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access To Experimental Therapy, Patricia J. Zettler, Seema K. Shah 2010 Georgia State University College of Law

From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access To Experimental Therapy, Patricia J. Zettler, Seema K. Shah

Faculty Publications By Year

Although there has been considerable attention to the plight of terminally ill patients with highly sympathetic constitutional and contractual claims that they should be permitted access to unapproved drugs, courts have been appropriately reluctant to grant such claims. Congress and administrative agencies have the requisite institutional competence to decide complex policy issues related to science and health care such as those involved in establishing an expanded access program. Congress and FDA should allow only limited access to unapproved therapies because there are significant concerns about the safety and efficacy of unapproved drugs. Moreover, many of the proposals to widen access ...


Scientific Understandings Of Postpartum Illness: Improving Health Law And Policy?, Stacey A. Tovino 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Scientific Understandings Of Postpartum Illness: Improving Health Law And Policy?, Stacey A. Tovino

Scholarly Works

In its broadest sense, the Article examines the relationship between science and the law in the context of postpartum illness. From classical antiquity to the present day, physicians and scientists have investigated the causes, correlates, and consequences of the depressions and psychoses that develop in some women following their transition to motherhood. The scientific investigation of postpartum illness has been characterized by an open-ended search for knowledge with the recgonition that scientific findings published one day are subject to revision the next. Legislators and judges also have sought to understand postpartum illness as necessary to make laws that affect and ...


Will History Be Servitude?: The Nas Report On Forensic Science And The Rule Of The Judiciary, Jane Moriarty 2009 Duquesne University School of Law

Will History Be Servitude?: The Nas Report On Forensic Science And The Rule Of The Judiciary, Jane Moriarty

Jane Campbell Moriarty

For several decades, the prosecution and its witnesses have maintained that despite little research and virtually no standards, they can match a fingerprint, handwriting, bullet and bullet cartridge, hair, dental imprint, footprint, tire track, or even a lip print to its unique source (collectively, “individualization evidence”). Not only can they match it, they claim, they can do so often without any error rate. In the last few decades, with the help of lawyers and academics, litigants have challenged the underlying reliability of individualization evidence. Scholars in various disciplines have written about the startling state of individualization evidence, including its lack ...


The Missing Link Of Democracy, Fernando Leila 2009 Fordham University

The Missing Link Of Democracy, Fernando Leila

Fernando Leila

The Missing Link of Democracy: The Federal Reserve Submission to the Democratic Government

“If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, (i.e., the "business cycle") the banks and corporations that will grow up around them will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.”

Thomas Jefferson

Abstract

This paper examines the shortcomings of the Federal Reserve (the “Fed”) as an institution, its power and policy under a democratic system of government, and the consequences thereof.

America is ...


An Evolutionary Study Of Cloud Computing Services Privacy Terms, Konstantinos Stylianou 2009 Harvard University

An Evolutionary Study Of Cloud Computing Services Privacy Terms, Konstantinos Stylianou

Konstantinos Stylianou

This paper presents an empirical study on the evolution of privacy terms of cloud computing services. The purpose is to see whether the transition to cloud computing also means that users are bound by more intrusive terms of use that pose a greater threat to their privacy. In that direction several typical cloud services (e.g. GoogleDocs, Amazon EC2) are examined from their start of operation till today and numerous versions of their privacy terms are juxtaposed in an effort to pinpoint and interpret the differences between them. The paper concludes that with the spread of cloud computing services more ...


Cyberstalking, And The Internet Landscape We Have Constructed, Merritt Baer 2009 Harvard Law School

Cyberstalking, And The Internet Landscape We Have Constructed, Merritt Baer

Merritt Rachel Baer

Criminalizing behavior online will necessarily test Constititional rights in novel ways; cyberstalking, as a crime of accumulated words, challenges the First Amendment overtly. This article shows the disconnect between the rationale for criminalizing cyberstalking, and the application and enforcement of statutes addressing stalking online. The multidimensional harms in cyberstalking force us to transcend kinetic-world frameworks and recognize that the Internet is not merely a new medium for speech but a space in which actions occur. Because patterns of victiminization create dynamics of domination, cyberstalking’s impact inserts itself into and molds the Internet landscape. This article argues for a consistent ...


The Rise, Fall And Rise Again Of The Genetic Foundation For Legal Parentage Determination, yehezkel Margalit 2009 Selected Works

The Rise, Fall And Rise Again Of The Genetic Foundation For Legal Parentage Determination, Yehezkel Margalit

Hezi Margalit

Recently, we have witnessed dramatic changes in the formation of the family and parenthood. One of the results of those shifts is a growing number of children growing up outside of the traditional marriage framework. Therefore, the dilemma of determining a child's parentage, which was usually resolved by a legal fiction as to the child's legal parents, is becoming increasingly problematic. It is appropriate that any discussion of the establishment of legal parentage should start with a study of the rise of the most popular modern model, the genetic model.

It is relevant to point out that from ...


Strasbourg, The Forgotten Patent Convention, And The Origins Of The European Patents Jurisdiction, Christopher Wadlow 2009 University of East Anglia

Strasbourg, The Forgotten Patent Convention, And The Origins Of The European Patents Jurisdiction, Christopher Wadlow

Christopher Wadlow

This article describes the history and origins of the Strasbourg Convention on the Unification of Certain Points of Substantive Law on Patents for Invention from the "Longchambon Proposal" of 1949, through to the end of the first phase of negotiations in about 1955. It describes the rival proposals of Reimer and de Haan, and their reception. Particular attention is given to the proposals by Reimer for a European Court with international jurisdiction over patent matters, and its correspondence to proposals for a European Patents Jurisdiction which are currently under consideration.


“It Really Tastes Good With Mayonnaise”, Review Of “Get Real, Get A Prescription” Advertisement Campaign, Christopher Wadlow 2009 University of East Anglia

“It Really Tastes Good With Mayonnaise”, Review Of “Get Real, Get A Prescription” Advertisement Campaign, Christopher Wadlow

Christopher Wadlow

A television advertising campaign based on the assertion that counterfeit medicines bought over the internet have been found to contain rat poison is criticised as having no demonstrable basis in fact.


Regulation Of Patient Management Software, James Williams, Jens Weber 2009 University of Toronto

Regulation Of Patient Management Software, James Williams, Jens Weber

James B Williams

This paper addresses the use of medical device regimes to regulate electronic health record systems. Using Canada as our motivating example, we analyze whether a regulatory framework designed around hardware devices is suitable for use in the software domain. After presenting a thorough summary of the conceptual framework of medical device law, we consider the gaps and issues that arise when considering software systems. Our claim is that medical device regimes are not a suitable tool for the regulation of software, given the unique nature of software systems as engineering artifacts.


The Regulation Of Personal Health Records In Canada, James Williams, Jens Weber 2009 University of Toronto

The Regulation Of Personal Health Records In Canada, James Williams, Jens Weber

James B Williams

The term ‘personal health record’ (PHR) refers to a family of systems that empower patients to manage their own individual health information. Recently introduced into the marketplace, PHR systems have significant implications for health care delivery in Canada. This paper contains a rigorous introduction to the online PHR, including the issues, benefits and risks inherent in the use of these systems. The main contribution of the paper is an analysis of the status of private sector PHR systems under Canada’s current regulatory environment. Our claim is that these increasingly popular applications are subject to a regulatory regime that fails ...


Fixing Ram Copies, Aaron Perzanowski 2009 Case Western Reserve University

Fixing Ram Copies, Aaron Perzanowski

Aaron K. Perzanowski

Scholars, litigants, and courts have debated the status of so-called “RAM copies” - instantiations of copyrighted works in the random access memory of computing devices - for decades. The Second Circuit’s decision in Cartoon Network v. CSC Holdings has recently reignited the controversy over these putative copies. There the court held that CSC did not create copies within the meaning of the Copyright Act when it buffered fleeting segments of television programs. In many respects, the Second Circuit’s holding is a straightforward application of the Act’s nested definitions of “copies” and “fixed.” But because the court declined to apply ...


The Great Pharmaceutical Patent Robbery, And The Curious Case Of The Chemical Foundation, Christopher Wadlow 2009 University of East Anglia

The Great Pharmaceutical Patent Robbery, And The Curious Case Of The Chemical Foundation, Christopher Wadlow

Christopher Wadlow

In 1918, the United States confiscated virtually all German-owned intellectual property assets within its jurisdiction. Out of 6,000 patents in the chemical field, 4,500 were assigned for a very modest consideration to an newly-established entity, the Chemical Foundation, which was incorporated with the objective of licensing and managing them for the benefit of the United States chemical industry. This article describes the origins and activities of the Chemical Foundation, and considers whether it provides a useful model, or at least useful lessons, for the collective management of patents today.


How The Lack Of Prescriptive Technical Granularity In Hipaa Has Compromised Patient Privacy (Hipaa Ehr (Electronic Health Record) Systems Security Recommendations), Tim Wafa 2009 Loyola Law School

How The Lack Of Prescriptive Technical Granularity In Hipaa Has Compromised Patient Privacy (Hipaa Ehr (Electronic Health Record) Systems Security Recommendations), Tim Wafa

Tim Wafa

This paper argues that HIPAA legislation has a severe flaw within its architecture; a flaw which is severely compromising patient privacy. Although the drafters of the legislation recognized the importance of providing comprehensive privacy legislation at the federal level (to improve uniformity amongst states), they failed to recognize the importance highly specific ("granular") technical requirements play in facilitating improved privacy for patients. This paper suggests that HIPAA rules surrounding technology implementation give too much latitude to covered entities. Consequently, the rules fail to provide adequate protection to protected health information. HIPAA rules should be amended to mandate baseline technical granular ...


Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders 2009 Northwestern University

Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders

Amy Kristin Sanders

The traditional public-figure doctrine must be adapted to the new faces of online media and the ever-changing conversation outlets available to news consumers on the Internet. After reviewing the traditional tests for plaintiff status determinations in defamation cases, this article establishes a legal standard that American courts should use to determine plaintiff status in cases involving bloggers who sue for defamation. It establishes the proper level of notoriety bloggers must attain before they are considered limited-purpose public figures. Using specific examples from relevant jurisprudence involving both traditional media defamation cases and online defamation cases, this article outlines a three-part test ...


Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu 2009 Australian National University

Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu

Thomas A Faunce

The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on ...


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