An Evolutionary Study Of Cloud Computing Services Privacy Terms, 2009 Harvard University
An Evolutionary Study Of Cloud Computing Services Privacy Terms, Konstantinos Stylianou
Cyberstalking, And The Internet Landscape We Have Constructed, 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 ...
Strasbourg, The Forgotten Patent Convention, And The Origins Of The European Patents Jurisdiction, 2009 University of East Anglia
Strasbourg, The Forgotten Patent Convention, And The Origins Of The European Patents Jurisdiction, 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, 2009 University of East Anglia
“It Really Tastes Good With Mayonnaise”, Review Of “Get Real, Get A Prescription” Advertisement Campaign, 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, 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, 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, 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, 2009 University of East Anglia
The Great Pharmaceutical Patent Robbery, And The Curious Case Of The Chemical Foundation, 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
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, 2009 Northwestern University
Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders
Amy Kristin Sanders
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., 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 ...
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, 2009 Australian National University
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Thomas A Faunce
The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, as well as ...
Setting Aside An Arbitration Award, 2009 Fordham University
Setting Aside An Arbitration Award, Fernando Leila
I - Facts Most arbitration rules stipulate that the arbitral awards that result from arbitration under those agreements or rules are ‘final.’ Yet there is almost always the possibility for a party to challenge the award, whether or not the parties have agreed. According to the United Nations Commission on International Trade Law (“UNCITRAL”), a successful challenge will usually result in the award being ‘set aside,’ ‘vacated,’ or’ annulled,’ and therefore ceasing to exist, at least within the jurisdiction of the court setting it aside. To set aside an award means to 'declare the award to be disregarded in whole or ...
Will History Be Servitude?: The Nas Report On Forensic Science And The Rule Of The Judiciary, 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 Rise, Fall And Rise Again Of The Genetic Foundation For Legal Parentage Determination, 2009 Netanya Academic College
The Rise, Fall And Rise Again Of The Genetic Foundation For Legal Parentage Determination, Yehezkel 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 ...
Biometrics, Retinal Scanning, And The Right To Privacy In The 21st Century, 2009 University of Minnesota - Twin Cities
Biometrics, Retinal Scanning, And The Right To Privacy In The 21st Century, Stephen Hoffman
Stephen P. Hoffman
Biometric identification techniques such as retinal scanning and fingerprinting have now become commonplace, but near-future improvements on these methods present troubling issues for personal privacy. For example, retinal scanning can be used to diagnose certain medical conditions, even ones for which the patient has no symptoms or has any other way of detecting the problem. If a health insurance company scans the retinas of potential clients before they purchase coverage, they could be charged higher premiums for conditions that do not present any issues. Not only is this unfair, but the ease with which these scans can be conducted—including ...
Patent Reforms Must Focus On The U.S. Patent Office, 2009 Bi-Level Technologies
Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.