Science and Technology Law Commons^™

Avatar Experimentation: Human Subjects Research In Virtual Worlds, Joshua A.T. Fairfield

Scholarly Articles

Researchers love virtual worlds. They are drawn to virtual worlds because of the opportunity to study real populations and real behavior in shared simulated environments. The growing number of virtual worlds and population growth within virtual worlds has led to a sizeable increase in the number of human subjects experiments taking place in such worlds.

Virtual world users care deeply about their avatars, their virtual property, their privacy, their relationships, their community, and their accounts. People within virtual worlds act much as they would in the physical world because the experience of the virtual world is “real” to them. The …

"Do-Not-Track" As Contract, Joshua A.T. Fairfield

Scholarly Articles

Support for enforcement of a do-not-track option in browsers has been gathering steam. Such an option presents a simple method for consumers to protect their privacy. The problem is how to enforce this choice. The Federal Trade Commission (FTC) could enforce a do-not-track option in a consumer browser under its section 5 powers. The FTC, however, currently appears to lack the political will to do so. Moreover, the FTC cannot follow the model of its successful do-not-call list since the majority of Internet service providers (ISPs) assign Internet addresses dynamically — telephone numbers do not change, whereas Internet protocol (IP) …

The Challenges To Legal Education In 1973 And 2012: An Introduction To The Anniversary Issue Of The Hofstra Law Review, Nora V. Demleitner

Scholarly Articles

Not available.

The Social Context Of Oncofertility, Dorothy E. Roberts

All Faculty Scholarship

A field known as oncofertility provides female cancer patients with a variety of ways to preserve their fertility so that they may bear genetically related children after successful cancer treatment. Some women delay cancer therapy so doctors can collect their eggs, which are then cryopreserved in an unfertilized state or used to create embryos through in vitro fertilization for freezing. An experimental procedure for preserving the fertility of prepubertal girls, known as ovarian tissue cryopreservation, involves surgically removing their ovarian tissue and growing the immature eggs to a mature state so they can be frozen and stored until the girls …

A Thousand Tiny Pieces: The Federal Circuit's Fractured 'Myriad' Ruling, Lessons To Be Learned, And The Way Forward, Jonathan Stroud

Articles in Law Reviews & Journals

The Supreme Court granted, vacated, and remanded the infamous Myriad gene isolation patentability case to the Court of Appeals for the Federal Circuit (CAFC) in light of the recent Prometheus decision, which held 9-0 that a certain diagnostic method was invalid subject matter because it was an abstract idea merely modified by other obvious steps. This Essay argues that Myriad should be affirmed again by the Federal Circuit, particularly in light of Prometheus, in order to inject certainty, clarity, and consistency into the § 101 patentable subject matter jurisprudence

The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund

IP Theory

No abstract provided.

Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair

IP Theory

No abstract provided.

The Obligatory Structure Of Copyright Law: Unbundling The Wrong Of Copying, Shyamkrishna Balganesh

All Faculty Scholarship

No abstract provided.

The Latest 4th Amendment Privacy Conundrum: "Stingrays", Max Bulinksi

University of Michigan Journal of Law Reform Caveat

Wired is reporting renewed hubbub regarding statutory and Fourth Amendment protections of individuals’ privacy in the digital age. This time, it comes in the form of federal officers using a fake cellphone tower (called a “stingray”) to locate their suspect, Mr. Rigmaiden, by tracking the location of his cellphone. According to an affidavit submitted to the court, the stingray only captures the equivalent of header information – such as the phone or account number assigned to the aircard as well as dialing, routing and address information involved in the communication.

Signal Lost: Is A Gps Tracking System The Same As An Eyeball?, Eric Andrew Felleman

University of Michigan Journal of Law Reform Caveat

On November 8th, the Supreme Court will hear arguments in United States v. Jones. One of the primary issues in the case is whether law enforcement personnel violated Mr. Jones' Fourth Amendment right to freedom from unreasonable searches and seizures by using a GPS tracking device to monitor the location of his car without a warrant. The 7th Circuit and the 9th Circuit have both recently held that use of GPS tracking is not a search under the Fourth Amendment.

The Technological Edge, Elizabeth I. Winston

Scholarly Articles

To grant a patent to natural phenomena hinders innovation, taking back from the public that which the public has a right to possess. To deny a patent to man’s manufacture undercuts the fundamental bargain of the patent system. All inventions, at their core, may be deemed natural, rendering it difficult to distinguish between man’s manufacture and natural phenomena. Determining whether the innovative aspect of the product is a technological one, rather than a natural one, can clarify whether the patent grant promotes the progress of science and the useful arts. The higher the level of skill in the art required …

United States V. Jones: Reviving The Property Foundation Of The Fourth Amendment, Herbert W. Titus, William J. Olson

Journal of Law, Technology, & the Internet

No abstract provided.

"Hostile Learning Environment:" Developing Student Speech Regulation By Applying The Hostile Work Environment Analysis To Cyberbullying, Carla Diblasio

Journal of Law, Technology, & the Internet

No abstract provided.

Antitrust And Patent License Agreements: A New Look At The Grantback Clause In High Technology Markets, John M. Murray

Journal of Law, Technology, & the Internet

No abstract provided.

Is Wikileaks A Hit Man Handbook: Why Wikileaks Cannot Claim First Amendment Immunity If The Afghan And Iraq War Logs Cause Physical Harm, Rachel Wolbers

Journal of Law, Technology, & the Internet

No abstract provided.

More Money, More Problems: The Bitcoin Virtual Currency And The Legal Problems That Face It, Daniel Smith

Journal of Law, Technology, & the Internet

No abstract provided.

Mass File Sharing Lawsuits: Legalized Extortion Or Valid Defense Of Copyright, Tyler Tassone

Journal of Law, Technology, & the Internet

No abstract provided.

The Parable Of The Non-Planting Entity And The Apple Tree: Understanding The Role Of Non-Practicing Entities, The, Mitch Kline

Journal of Law, Technology, & the Internet

No abstract provided.

Do Robomemos Dream Of Electric Nouns?: A Search For The Soul Of Legal Writing, Ian Gallacher

Journal of Law, Technology, & the Internet

No abstract provided.

Autonomous Cars And Tort Liability: Why The Market Will "Drive" Autonomous Cars Out Of The Marketplace, Kyle Colonna

Journal of Law, Technology, & the Internet

No abstract provided.