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Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck 2018 University of Michigan Law School

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck

Articles

Outcome prediction has always been an important part of practicing law. Clients rely heavily on their attorneys to provide accurate assessments of the potential legal consequences they face when making important decisions (such as whether to accept a plea bargain, or risk a conviction on a much more serious offense at trial). And yet, notwithstanding its enormous importance to the practice of law (and notwithstanding the handsome legal fees it commands), outcome prediction in the law remains a very imprecise endeavor. The reason for this inaccuracy is that the three principal tools lawyers have traditionally relied on to facilitate outcome ...


A Moratorium On The Presentation Of Dna Evidence, Declan Riley Kunkel 2018 University of North Georgia

A Moratorium On The Presentation Of Dna Evidence, Declan Riley Kunkel

International Social Science Review

In recent decades, DNA evidence has become something of a pop-culture phenomenon. All too often, DNA evidence is shown as irrefutable fact, a scientific fingerprint that allows for a black-and-white determination of guilt or innocence. Unfortunately, such depictions are inaccurate and dangerous. This paper attempts to address this danger by calling for a temporary moratorium on the presentation of DNA evidence at trial, implemented until federal standards are put in place to regulate the presentation of DNA evidence, and until robust studies indicate the prevalence of DNA transfer.This paper will demonstrate that DNA analysis schemes are dangerously flawed and ...


Paul Baran, Network Theory, And The Past, Present, And Future Of Internet, Christopher S. Yoo 2018 University of Pennsylvania Law School

Paul Baran, Network Theory, And The Past, Present, And Future Of Internet, Christopher S. Yoo

Faculty Scholarship at Penn Law

Paul Baran’s seminal 1964 article “On Distributed Communications Networks” that first proposed packet switching also advanced an underappreciated vision of network architecture: a lattice-like, distributed network, in which each node of the Internet would be homogeneous and equal in status to all other nodes. Scholars who have subsequently embraced the concept of a lattice-like network approach have largely overlooked the extent to which it is both inconsistent with network theory (associated with the work of Duncan Watts and Albert-László Barabási), which emphasizes the importance of short cuts and hubs in enabling networks to scale, and the actual way, the ...


Bots, Bias And Big Data: Artificial Intelligence, Algorithmic Bias And Disparate Impact Liability In Hiring Practices, McKenzie Raub 2018 University of Arkansas, Fayetteville

Bots, Bias And Big Data: Artificial Intelligence, Algorithmic Bias And Disparate Impact Liability In Hiring Practices, Mckenzie Raub

Arkansas Law Review

No abstract provided.


The Uneasy Case For Patent Law, Rachel E. Sachs 2018 Washington University in St. Louis School of Law

The Uneasy Case For Patent Law, Rachel E. Sachs

Michigan Law Review

A central tenet of patent law scholarship holds that if any scientific field truly needs patents to stimulate progress, it is pharmaceuticals. Patents are thought to be critical in encouraging pharmaceutical companies to develop and commercialize new therapies, due to the high costs of researching diseases, developing treatments, and bringing drugs through the complex, expensive approval process. Scholars and policymakers often point to patent law’s apparent success in the pharmaceutical industry to justify broader calls for more expansive patent rights.

This Article challenges this conventional wisdom about the centrality of patents to drug development by presenting a case study ...


Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener 2018 Bonnett, Fairbourn, Friedma & Balint, P.C.

Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener

West Virginia Law Review

No abstract provided.


I Wanna Design For Somebody (Who Needs Me): The Intersection Of Humanitarian Engineering, Choice-Of-Law, And Technology Transfer In Kenya, Sean Patrick McGinley 2018 Boston College Law School

I Wanna Design For Somebody (Who Needs Me): The Intersection Of Humanitarian Engineering, Choice-Of-Law, And Technology Transfer In Kenya, Sean Patrick Mcginley

Boston College Law Review

A significant technology gap exists between developed and developing countries. Though developing countries have started to self-innovate, they do not possess adequate means to fulfill their right to develop, which the UN recognizes as an essential human right. For developing countries to exercise this right, developed countries must transfer technology. Humanitarian engineers have confronted this challenge without any international guidance or regulation, as no uniform system for international technology transfer agreements exists. To remedy this inadequacy, scholars have proposed the characteristic approach, which suggests that the contents of the contract, rather than the parties’ locations, should control the choice of ...


How Google Perceives Customer Privacy, Cyber, E-Commerce, Political And Regulatory Compliance Risks, Lawrence J. Trautman 2018 College of William & Mary Law School

How Google Perceives Customer Privacy, Cyber, E-Commerce, Political And Regulatory Compliance Risks, Lawrence J. Trautman

William & Mary Business Law Review

By now, almost every business has an Internet presence. What are the major risks perceived by those engaged in the universe of Internet businesses? What potential risks, if they become reality, may cause substantial increases in operating costs or threaten the very survival of the enterprise?

This Article discusses the relevant annual report disclosures from Alphabet, Inc. (parent of Google), along with other Google documents, as a potentially powerful teaching device. Most of the descriptive language to follow is excerpted directly from Alphabet’s (Google) regulatory filings. My additions about these entities include weaving their disclosure materials into a logical ...


Digital Gold: Cybersecurity Regulations And Establishing The Free Trade Of Big Data, Victoria Conrad 2018 College of William & Mary Law School

Digital Gold: Cybersecurity Regulations And Establishing The Free Trade Of Big Data, Victoria Conrad

William & Mary Business Law Review

Data is everywhere. With more than ten billion Internetenabled devices worldwide, each day individuals create a flood of information that is transferred onto the Internet as big data. Businesses that have the resources to capture and utilize data can better understand their consumers, allowing for reinforcement of customer relationship management, improvements to the management of operational risk, and enhancement of overall firm performance. However, big data’s advantages come with high costs. The cost of organization and storage coupled with the fact that no legal principle allows for any sort of property rights in big data creates a “digital divide ...


“Fly Home Ye Ravens!”: How The Fcc’S Abandonment Of Broadband Regulation Will Harm Music Diversity, Batty, Luke 2018 Santa Clara Law

“Fly Home Ye Ravens!”: How The Fcc’S Abandonment Of Broadband Regulation Will Harm Music Diversity, Batty, Luke

Santa Clara High Technology Law Journal

“Fly Home Ye Ravens!”: How the FCC’s Abandonment of Broadband Regulation Will Harm Music Diversity


I, Copyright, Huson, Garrett 2018 Santa Clara Law

I, Copyright, Huson, Garrett

Santa Clara High Technology Law Journal

I, Copyright


From Bits To Atoms: Does The Open Source Software Model Translate To Open Source Hardware?, Beldiman, Dana 2018 Santa Clara Law

From Bits To Atoms: Does The Open Source Software Model Translate To Open Source Hardware?, Beldiman, Dana

Santa Clara High Technology Law Journal

From Bits to Atoms: Does the Open Source Software Model

Translate to Open Source Hardware?


Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu 2018 Selected Works

Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu

Peter K. Yu

Commentators have attributed China’s piracy and counterfeiting problems to the lack of political will on the part of Chinese authorities. They have also cited the many political, social, economic, cultural, judicial, and technological problems that have arisen as a result of the country’s rapid economic transformation and accession to the WTO. This provocative essay advances a third explanation. It argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at ...


The Political Economy Of Data Protection, Peter K. Yu 2018 Texas A&M University School of Law

The Political Economy Of Data Protection, Peter K. Yu

Peter K. Yu

Information is the lifeblood of a knowledge-based economy. The control of data and the ability to translate them into meaningful information is indispensable to businesspeople, policymakers, scientists, engineers, researchers, students, and consumers. Having useful, and at times exclusive, information improves productivity, advances education and training, and helps create a more informed citizenry. In the past two decades, those who collected or obtained access to a large amount of data began to explore ways to use the collected data as an income stream. Because the then-existing laws did not offer adequate protection for that particular purpose, they actively lobbied for stronger ...


Unfair Misuse: How Section 512 Of The Dmca Allows Abuse Of The Copyright Fair Use Doctrine And How To Fix It, Matteson, Joel D. 2018 Santa Clara Law

Unfair Misuse: How Section 512 Of The Dmca Allows Abuse Of The Copyright Fair Use Doctrine And How To Fix It, Matteson, Joel D.

Santa Clara High Technology Law Journal

Unfair Misuse: How Section 512 of the DMCA Allows Abuse of the Copyright Fair Use Doctrine and How to Fix It


Model(Ing) Privacy: Empirical Approaches To Privacy Law And Governance, Barrett, Lindsey 2018 Santa Clara Law

Model(Ing) Privacy: Empirical Approaches To Privacy Law And Governance, Barrett, Lindsey

Santa Clara High Technology Law Journal

Model(ing) Privacy: Empirical Approaches to Privacy Law and Governance


Liability Issue Of Domestic Drones, Sehrawat, Vivek 2018 Santa Clara Law

Liability Issue Of Domestic Drones, Sehrawat, Vivek

Santa Clara High Technology Law Journal

Liability Issue of Domestic Drones


Drones: Proposed Standards Of Liability, Harris, Kristopher-Kent ‘K-K’ 2018 Santa Clara Law

Drones: Proposed Standards Of Liability, Harris, Kristopher-Kent ‘K-K’

Santa Clara High Technology Law Journal

Drones: Proposed Standards of Liability


The Biosimilar Patent Dance- If You Don't Dance You're No Friend Of Mine, Ladonnikov, Alexej 2018 Santa Clara Law

The Biosimilar Patent Dance- If You Don't Dance You're No Friend Of Mine, Ladonnikov, Alexej

Santa Clara High Technology Law Journal

The Biosimilar Patent Dance- If You Don't Dance Your No Friend of Mine


The Business Of Ai Startups, James Bessen, Stephen Michael Impink, Robert Seamans, Lydia Reichensperger 2018 Boston University School of Law

The Business Of Ai Startups, James Bessen, Stephen Michael Impink, Robert Seamans, Lydia Reichensperger

Faculty Scholarship

New machine learning techniques have led to an acceleration of “artificial intelligence” (AI). Numerous papers have projected substantial job losses based on assessments of technical feasibility. But what is the actual impact? This paper reports on a survey of commercial AI startups, documenting rich detail about their businesses and their impacts on their customers. These firms report benefits of AI that are more often about enhancing human capabilities than replacing them. Their applications more often increase professional, managerial, and marketing jobs and decrease manual, clerical, and frontline service jobs. These startups sell to firms of different sizes, in different industries ...


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