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Hypothesis Testing In Law And Forensic Science: A Memorandum, David H. Kaye 2017 Penn State Law

Hypothesis Testing In Law And Forensic Science: A Memorandum, David H. Kaye

Journal Articles

The Organization of Scientific Area Committees for Forensic Science (OSAC), was established to promote and develop forensic-science standards based on sound scientific principles. One of the first standards to be approved deals with declaring fragments of glass to be either distinguishable or indistinguishable in their chemical composition. This determination is important when it is suspected that small fragments associated with a defendant came from the scene of a crime involving broken glass. Because of instrumental measurement error, even fragments with identical elemental concentrations will display some differences. To account for measurement error, the standard uses statistical hypothesis tests that presume ...


Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf

Scholarly Works

This Article offers a practical three-part test for courts and law enforcement to utilize when faced with drone and privacy issues. Specifically addressing the question: how should courts analyze the Fourth Amendment’s protection against ‘unreasonable searches’ in the context of drones?

The Supreme Court’s Fourth Amendment jurisprudence produced an intricate framework to address issues arising out of the intersection of technology and privacy interests. In prominent decisions, including United States v. Katz, California v. Ciraolo, Kyllo v. United States, and most notably, United States v. Jones, the Court focused on whether the use of a single technology, such ...


Regulating Human Germline Modification In Light Of Crispr, Sarah Ashley Barnett 2017 University of Richmond

Regulating Human Germline Modification In Light Of Crispr, Sarah Ashley Barnett

Law Student Publications

This comment evaluates the United States‘ current regulatory scheme as it applies to CRISPR and related gene-modifying technologies and discusses the ethical ramifications of regulating human germline modification versus continuing to allow self-regulation within the scientific community. Part I explains what CRISPR is, how it works, and its impact on genetic engineering technology. Although CRISPR offers "unparalleled potential for modifying [both] human and nonhuman genomes," this comment focuses primarily on the use of CRISPR technology to manipulate the human germline. Part II discusses the social and bioethical implications of altering the human germline, including safety concerns, multigenerational consequences, equity issues ...


Teva And The Process Of Claim Construction, Lee Petherbridge Ph.D., R. Polk Wagner 2017 Loyola Law School

Teva And The Process Of Claim Construction, Lee Petherbridge Ph.D., R. Polk Wagner

Faculty Scholarship

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court addressed an oft-discussed jurisprudential disconnect between itself and the U.S. Court of Appeals for the Federal Circuit: whether patent claim construction was “legal” or “factual” in nature, and how much deference is due to district court decisionmaking in this area. In this Article, we closely examine the Teva opinion and situate it within modern claim construction jurisprudence. Our thesis is that the Teva holding is likely to have only very modest effects on the incidence of deference to district court claim construction but that for unexpected reasons the ...


Removing The Troll From The Thicket: The Case For Enhancing Patent Maintenance Fees In Relation To The Size Of A Patent Owner's Patent Portfolio, David S. Olson 2017 Boston College Law School

Removing The Troll From The Thicket: The Case For Enhancing Patent Maintenance Fees In Relation To The Size Of A Patent Owner's Patent Portfolio, David S. Olson

Boston College Law School Faculty Papers

This Article proposes a novel solution to part of the problem that large patent portfolios can cause. Both so-called "patent trolls" and firms that commercialize the patents that they own can accumulate and then abuse large patent portfolios, even if most of the patents in the portfolio are of little value. Instead of suggesting reforms to better determine the value and boundaries of individual patents, as many others have already done, this Article proposes that the U.S. Patent and Trademark Office (PTO) multiply the amount owed to keep a patent in force (patent maintenance fees) based on the size ...


Privacy And The Right To Record, Margot E. Kaminski 2017 University of Colorado Law School

Privacy And The Right To Record, Margot E. Kaminski

Articles

Many U.S. laws protect privacy by governing recording. Recently, however, courts have recognized a First Amendment “right to record.” This Article addresses how courts should handle privacy laws in light of the developing First Amendment right to record.

The privacy harms addressed by recording laws are situated harms. Recording changes the way people behave in physical spaces by altering the nature of those spaces. Thus, recording laws can be placed within a long line of First Amendment case law that recognizes a valid government interest in managing the qualities of rivalrous physical space, so as not to allow one ...


"Through A Glass, Darkly" Technical, Policy, And Financial Actions To Avert The Coming Digital Dark Ages, Richard S. Whitt 2017 Santa Clara Law

"Through A Glass, Darkly" Technical, Policy, And Financial Actions To Avert The Coming Digital Dark Ages, Richard S. Whitt

Santa Clara High Technology Law Journal

"Through A Glass, Darkly" Technical, Policy, and Financial Actions to Avert the Coming Digital Dark Ages


Genome Editing And The Jurisprudence Of Scientific Empiricism, Paul Enríquez 2016 Selected Works

Genome Editing And The Jurisprudence Of Scientific Empiricism, Paul Enríquez

Paul Enríquez

Humankind has reached, in tow by the hand of a scientific breakthrough called CRISPR, the Rubicon of precise genetic manipulation first envisioned over fifty years ago.  Despite CRISPR's renown in science and its power to transform the world, it remains virtually unaddressed in legal scholarship.  In the absence of on-point law, the scientific community has attempted to reach some consensus to preempt antagonistic regulation and prescribe subjective standards of use under the guise of a priori scientific empiricism.  Significant and complex legal issues concerning this technology are emerging, and the void in legal scholarship is no longer tolerable.

This ...


R-Egg-Ulation: A Call For Greater Regulation Of The Big Business Of Human Egg Harvesting, Danielle A. Vera 2016 Univeristy of Michigan Law School

R-Egg-Ulation: A Call For Greater Regulation Of The Big Business Of Human Egg Harvesting, Danielle A. Vera

Michigan Journal of Gender and Law

When it comes to young healthy women “donating” their eggs, America has a regulation problem. This Note explains the science behind the harvesting of human eggs, focusing on potential egg donors, and describes the specific factors that make egg donation a unique type of transaction. It describes the current regulatory status of the assisted reproductive technology industry in the United States and highlights the ways in which this scheme fails to protect egg “donors.” This Note concludes with a call for comprehensive regulation of the assisted reproductive technology industry.


The Question Concerning Technology In Compliance, Sean J. Griffith 2016 Brooklyn Law School

The Question Concerning Technology In Compliance, Sean J. Griffith

Brooklyn Journal of Corporate, Financial & Commercial Law

In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.


Compliance; Technology; And Modern Finance, Tom C.W. Lin 2016 Brooklyn Law School

Compliance; Technology; And Modern Finance, Tom C.W. Lin

Brooklyn Journal of Corporate, Financial & Commercial Law

An important transformation is happening in the financial industry. The rise of new technology and compliance has dramatically altered many of the key functions and functionaries of modern finance. Artificial intelligence; algorithmic programs; and supercomputers; instead of human actors; now constitute the core of many financial operations. Compliance officers have become just as critical to financial institutions as traders; bankers; and analysts. Finance as we knew it has changed and continues to change. This symposium Article offers a studied commentary on these unfolding changes; the crosscutting developments in compliance; technology; and modern finance. It examines the concurrent and intersecting ascents ...


Like A Bad Neighbor; Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon 2016 Brooklyn Law School

Like A Bad Neighbor; Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon

Brooklyn Journal of Corporate, Financial & Commercial Law

Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information; the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches; based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp.; is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation; causing the FTC to step in and fill the void in regulation. In the absence of congressional ...


Preserving Human Agency In Automated Compliance, Onnig H. Dombalagian 2016 Brooklyn Law School

Preserving Human Agency In Automated Compliance, Onnig H. Dombalagian

Brooklyn Journal of Corporate, Financial & Commercial Law

As technology transforms financial services, so too must it transform the regulation of financial markets and intermediaries. The imperative of real-time, prophylactic regulation increasingly compels reallocation of regulatory and compliance budgets to surveillance and enforcement technology. At the same time, in light of the well-known weaknesses of automated systems, securities firms (and their regulators) must temper investment in automation with efforts to augment the agency of compliance professionals. This symposium contribution considers how investment in the professional development of compliance personnel can better integrate automated tools within established compliance and supervisory structures and thereby advance regulatory and operational objectives.


Mitigating Cyber Risk In It Supply Chains, Maureen Wallace 2016 Cleveland-Marshall College of Law

Mitigating Cyber Risk In It Supply Chains, Maureen Wallace

The Global Business Law Review

This note argues that the United States needs to utilize current federal agencies to begin introducing cyber supply chain risk management regulation for IT supply chains. Cyber supply chain risk management is a critical area of cybersecurity that has barely been recognized by the United States government. The globalization of the digital world has introduced a new spectrum of risk management issues that affect the products exchanged by businesses and consumed by individuals and government agencies. While there have been some initiatives toward the promotion of tighter cybersecurity regulation, most initiatives only concern the public sector, leaving the private sector ...


“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts 2016 Brooklyn Law School

“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts

Brooklyn Law Review

Americans have received unwanted telemarketing calls for decades. In response to a rapid increase in pre-recorded calls made using autodialer devices, Congress enacted the Telephone Consumer Protection Act (TCPA) in 1992. The TCPA imposes restrictions on calls made to consumers’ residences and wireless phones using autodialer devices, even if they are not telemarketing calls. Congress appointed the Federal Communications Commission (FCC) to prescribe rules and regulations to enforce the TCPA. In 2015, the FCC released an order that defined autodialer more broadly under the statute. Consequently, devices that have the potential to become autodialers in the future, even if they ...


Spaceways: Airspace In Outer Space, Scott Haeffelin 2016 Embry-Riddle Aeronautical University

Spaceways: Airspace In Outer Space, Scott Haeffelin

Space Traffic Management Conference

Forecasted future demand in space travel is driving the need for the development of space traffic management. Currently, orbital space traffic is mostly unregulated with internationally agreed upon best practices and self-interest driving space operators to avoid collisions with other spacecraft. This paper explores the future of space travel by presenting a concept of creating “airspace in space” or spaceways to manage the ever growing volumes of space traffic. Spaceways are analogous to airspace for aircraft with the goal of increasing levels of safety and reducing probabilities of collision. These goals can be achieved by creating traffic rules, defining valuable ...


A Novel Approach For Controlled Deorbiting And Reentry Of Small Spacecraft, Larry H. Fineberg, Justin Treptow, Timothy Bass, Scott Clark, Yusef Johnson, Bradley Poffenberger 2016 NASA Launch Services Program

A Novel Approach For Controlled Deorbiting And Reentry Of Small Spacecraft, Larry H. Fineberg, Justin Treptow, Timothy Bass, Scott Clark, Yusef Johnson, Bradley Poffenberger

Space Traffic Management Conference

No abstract provided.


Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo 2016 University of Pennsylvania Law School

Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo

Faculty Scholarship

Open source and modular platforms represent two powerful conceptual paradigms that have fundamentally transformed the software industry. While generally regarded complementary, the freedom inherent in open source rests in uneasy tension with the strict structural requirements required by modularity theory. In particular, third party providers can produce noncompliant components, and excessive experimentation can fragment the platform in ways that reduce its economic benefits for end users and app providers and force app providers to spend resources customizing their code for each variant. The classic solutions to these problems are to rely on some form of testing to ensure that the ...


No Comment: Will Cariou V. Prince Alter Copyright Judges’ Taste In Art?, Christine Haight Farley 2016 American University Washington College of Law

No Comment: Will Cariou V. Prince Alter Copyright Judges’ Taste In Art?, Christine Haight Farley

Christine Haight Farley

Even before Campbell v. Acuff-Rose Music, Inc. made transformativeness the name of the game in fair use law, judges have been in search of artistic speech in their copyright fair use determinations, especially in appropriation art cases. Judges often find themselves ascribing meaning both to the defendant’s work and the plaintiff’s work when comparing the two in order to determine whether defendant’s art is new. So while many commentators attribute appropriation artist Jeff Koons’s victory in Blanch v. Koons after a string of losses to the development in fair use law contributed by Campbell, I instead ...


Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture, Jianlin Chen 2016 University of Hong Kong

Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture, Jianlin Chen

University of Michigan Journal of Law Reform

This Article critically examines the design of property rights for emerging natural resources—naturally occurring substances that humans have only recently come to be able to exploit viably—through a case study of how the fifty states allocate ownership in, and regulate the use of, atmospheric moisture, an issue that has emerged in the context of weather modification (particularly cloud seeding). Building on the surprising finding that legislative declarations of state ownership have not resulted in greater regulatory control or other substantial restrictions on private use, this Article highlights a dimension of property rights design that has yet to receive ...


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