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Revisiting The Intellectual Property Dilemma: How Did We Get To A Strong Wto Ipr Regime?, Julien Chaisse, Xinjie Luan 2018 Santa Clara Law

Revisiting The Intellectual Property Dilemma: How Did We Get To A Strong Wto Ipr Regime?, Julien Chaisse, Xinjie Luan

Santa Clara High Technology Law Journal

Revisiting the Intellectual Property Dilemma: How Did We Get to a Strong WTO IPR Regime?


Nuisance Law And The Doctrine Of Equivalents In Patent Law, Min-Chiuan Wang 2018 Santa Clara Law

Nuisance Law And The Doctrine Of Equivalents In Patent Law, Min-Chiuan Wang

Santa Clara High Technology Law Journal

Nuisance Law and the Doctrine of Equivalents in Patent Law


Forward, Curtis E.A. Karnow 2017 California Superior Court (San Francisco)

Forward, Curtis E.A. Karnow

Curtis E.A. Karnow

This Forward to a new book on artificial intelligence (AI) and the law begins by describing how law changes over time. It explains how technological development and economic investment influence these changes as judges are compelled to choose analogies from precedent. The Forward summarizes recent developments in self-teaching systems and outlines some of the legal issues AI is likely to pose.


Artificial Intelligence: Application Today And Implications Tomorrow, Sean Semmler, Zeeve Rose 2017 Duke Law

Artificial Intelligence: Application Today And Implications Tomorrow, Sean Semmler, Zeeve Rose

Duke Law & Technology Review

This paper analyzes the applications of artificial intelligence to the legal industry, specifically in the fields of legal research and contract drafting. First, it will look at the implications of artificial intelligence (A.I.) for the current practice of law. Second, it will delve into the future implications of A.I. on law firms and the possible regulatory challenges that come with A.I. The proliferation of A.I. in the legal sphere will give laymen (clients) access to the information and services traditionally provided exclusively by attorneys. With an increase in access to these services will come a change ...


Regulating Black-Box Medicine, W. Nicholson Price II 2017 University of Michigan Law School

Regulating Black-Box Medicine, W. Nicholson Price Ii

Michigan Law Review

Data drive modern medicine. And our tools to analyze those data are growing ever more powerful. As health data are collected in greater and greater amounts, sophisticated algorithms based on those data can drive medical innovation, improve the process of care, and increase efficiency. Those algorithms, however, vary widely in quality. Some are accurate and powerful, while others may be riddled with errors or based on faulty science. When an opaque algorithm recommends an insulin dose to a diabetic patient, how do we know that dose is correct? Patients, providers, and insurers face substantial difficulties in identifying high-quality algorithms; they ...


Improving Access To Justice In State Courts With Platform Technology, James J. Prescott 2017 University of Michigan Law School

Improving Access To Justice In State Courts With Platform Technology, James J. Prescott

Articles

Access to justice often equates to access to state courts, and for millions of Americans, using state courts to resolve their disputes—often with the government—is a real challenge. Reforms are regularly proposed in the hopes of improving the situation (e.g., better legal aid), but until recently a significant part of the problem has been structural. Using state courts today for all but the simplest of legal transactions entails at the very least traveling to a courthouse and meeting with a decision maker in person and in a one-on-one setting. Even minimally effective access, therefore, requires time, transportation ...


Background Note: Standard Essential Patents, Innovation And Competition: Challenges In India, Arpan Banerjee 2017 Maurer School of Law: Indiana University

Background Note: Standard Essential Patents, Innovation And Competition: Challenges In India, Arpan Banerjee

IP Theory

In September 2014, a few months after a landslide election victory, the Indian Prime Minister Narendra Modi announced the launch of “Make in India,” an ambitious program designed to turn India into a global manufacturing hub. One of the factors widely thought to be responsible for Modi’s victory was support from India’s “neo-middle class”—a young, newly- urbanized section of the electorate seeking employment and improved living standards but struggling amidst an economic downturn. In a speech inaugurating Make in India, Modi linked the program with the aspirations of this section of society. Modi stated the need to ...


Rethinking Ucita: Lessons From The Open Source Movement, Matthew D. Stein 2017 University of Maine School of Law

Rethinking Ucita: Lessons From The Open Source Movement, Matthew D. Stein

Maine Law Review

For those within the information technology (IT) industry, the phrase “open source” has been as prominent at water cooler and boardroom discussions over the last several years as the phrase “out source.” Open source is at once a software development model, a business model, a social movement, and a philosophy that has recently garnered attention from outside of the IT sphere. As such, the topic has become increasingly fertile ground for academic scholarship from several disciplines. Economists, legal academics and practitioners, computer engineers, and social commentators have offered their varying perspectives on open source software. Whether or not this attention ...


You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, Merissa Sabol 2017 Southern Methodist University

You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, Merissa Sabol

Science and Technology Law Review

No abstract provided.


Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn 2017 Southern Methodist University

Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn

Science and Technology Law Review

No abstract provided.


Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryyanen England 2017 Southern Methodist University

Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryyanen England

Science and Technology Law Review

No abstract provided.


Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness 2017 Northern Illinois University College of Law

Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness

Science and Technology Law Review

Current Issue

Volume 20, Number 1 – The Privacy, Probability, and Political Pitfalls of Universal DNA Collection

Meghan J. Ryan 20 SMU Sci. & Tech. L. Rev. 3 Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even arrestees have been required to surrender DNA samples; and this evidence has been used to exonerate hundreds of convicted individuals. DNA evidence is generally revered as the “gold standard” in criminal cases because, unlike eyewitness testimony, bite-mark evidence, hair analysis, and the like, it is considered nearly infallible. This potency of DNA evidence has led to suggestions that we, as a nation, should magnify the power of DNA by increasing the size ...


The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, Arnold Loewy 2017 Texas Tech University School of Law

The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, Arnold Loewy

Science and Technology Law Review

No abstract provided.


The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan 2017 Southern Methodist University

The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan

Science and Technology Law Review

Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even arrestees have been required to surrender DNA samples; and this evidence has been used to exonerate hundreds of convicted individuals. DNA evidence is generally revered ...


Front Matter, 2017 Southern Methodist University

Front Matter

Science and Technology Law Review

No abstract provided.


Rembrandts In The Research Lab: Why Universities Should Take A Lesson From Big Business To Increase Innovation, Kristen Osenga 2017 University of Maine School of Law

Rembrandts In The Research Lab: Why Universities Should Take A Lesson From Big Business To Increase Innovation, Kristen Osenga

Maine Law Review

Universities are typically considered to have two complementary goals: providing education and performing research. While the determination of which objective deserves primacy has long been debated and is not within the scope of this paper, it is indisputable that productive research serves to further a university's goal of education, both directly by adding to the body of knowledge to be dispensed to the students and indirectly by increasing the university's prestige, thereby attracting lucrative grants, quality students, and competitive faculty members to the university. It is, at the very least, safe to say that research is the heart ...


Open Source Approaches In Biotechnology: Utopia Revisited, Yann Joly 2017 University of Maine School of Law

Open Source Approaches In Biotechnology: Utopia Revisited, Yann Joly

Maine Law Review

Tracing its origin to Greek antiquity, intellectual property has become an institution in modern legal systems worldwide. This growing importance of intellectual property was confirmed with the 1994 adoption of the Trade-Related Aspects of Intellectual Property Rights Agreement by the World Trade Organization (WTO), which harmonized the rules of intellectual property amongst the various members of the international community on the model of developed countries. However enshrined in the legal tradition, intellectual property law has also had its share of detractors and has recently come under severe criticism. The exercise of intellectual property rights in such diverse fields of creation ...


Road Map To Revolution? Patent-Based Open Science, Lee Petherbridge 2017 University of Maine School of Law

Road Map To Revolution? Patent-Based Open Science, Lee Petherbridge

Maine Law Review

The contemporary approach to innovation in the life sciences relies on a patent-based proprietary model. Limitations on patent rights and business concerns often focus innovation to markets where the near-term monetary rewards are highest. This is “efficient” under an austere understanding of the term, but the proprietary model can be problematic from a practical perspective because it may not focus innovation to certain deserving markets. This Article contends that the property rights conferred by patent law may still serve as a positive base for innovation directed to underserved markets. The comparatively strong rights conferred by patent law provide upstream or ...


A Virtue-Centered Approach To The Biotechnology Commons (Or, The Virtuous Penguin), David W. Opderbeck 2017 University of Maine School of Law

A Virtue-Centered Approach To The Biotechnology Commons (Or, The Virtuous Penguin), David W. Opderbeck

Maine Law Review

The instrumentalist emphasis of the current biotechnology intellectual property rights (IPR) debate is not surprising. In the American tradition, intellectual property law has long been justified primarily by instrumentalist concerns. Thomas Jefferson famously acceded to the “embarrassment of patent and copyright monopolies because he believed a limited monopoly would encourage the production of new scholarship and inventions. The framers' willingness to allow this embarrassment for the greater good is enshrined in the Intellectual Property Clause of the U.S. Constitution. Countless judicial opinions refer to intellectual property law as a tool that provides necessary incentives to creators and innovators. Intellectual ...


The Experimental Use Exception To Patent Infringement: Do Universities Deserve Special Treatment?, Elizabeth A. Rowe 2017 University of Maine School of Law

The Experimental Use Exception To Patent Infringement: Do Universities Deserve Special Treatment?, Elizabeth A. Rowe

Maine Law Review

Inventor Ivan owns a patent on a new Gizmo. He has spent a substantial portion of his time and resources to develop the Gizmo. He has also spent thousands of dollars on his patent attorneys to obtain the patent. Ivan had to wait over two years for the patent application to be processed and approved. But it was all worth it. Our patent laws grant Ivan a negative right-the right to exclude others from practicing his invention during the period of the patent. The local university is using Ivan's invention to further its own research. The university's research ...


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