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The Sky Is Not Falling: An Analysis Of The National Strategy For Trusted Identities In Cyberspace And The Proposed Identity Ecosystem, Aaron L. Jackson 2017 University of Oklahoma College of Law

The Sky Is Not Falling: An Analysis Of The National Strategy For Trusted Identities In Cyberspace And The Proposed Identity Ecosystem, Aaron L. Jackson

Oklahoma Journal of Law and Technology

No abstract provided.


Confusion Abounds Regarding Patent Eligibility Within The Biotechnology Community, Foster Dobry 2017 University of Oklahoma College of Law

Confusion Abounds Regarding Patent Eligibility Within The Biotechnology Community, Foster Dobry

Oklahoma Journal of Law and Technology

No abstract provided.


Emerging Issues: New Uses, Whether Threat Or Chance, What Is The Current And Appropriate Legal Treatment?, Qadir Qeidary 2017 University of Oklahoma College of Law

Emerging Issues: New Uses, Whether Threat Or Chance, What Is The Current And Appropriate Legal Treatment?, Qadir Qeidary

Oklahoma Journal of Law and Technology

Legal status of the new detected uses for old patents as an independent invention is a problematic issue that gives rise to basic legal challenges regarding patent's promotion standards of protection, in particular the prolongation of the patent monopoly's term. International instruments, uncertainties, and a variety of treatments within different national and regional jurisdictions have increased the complexities of patentability of new uses. These uncertainties, especially in Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), the most important covenant on commercial aspects of intellectual properties toward new uses, have resulted in dividing various jurisdictions into contradictory ...


Access To Genetics Resources In Indonesia: Need Further Legislation?, Emmy Latifa 2017 University of Oklahoma College of Law

Access To Genetics Resources In Indonesia: Need Further Legislation?, Emmy Latifa

Oklahoma Journal of Law and Technology

No abstract provided.


The Tax Treatment Of Tokens: What Does It Betoken?, David J. Shakow 2017 University of Pennsylvania Law School

The Tax Treatment Of Tokens: What Does It Betoken?, David J. Shakow

Faculty Scholarship

Digital tokens have been used to raise substantial amounts of money. But little attention has been paid to the tax consequences surrounding their issuance and sale. There are significant potential tax liabilities lurking in the use of digital tokens. But, because of the anonymity inherent in the blockchain structures used for the issuance of tokens and payments for them, there is a significant question as to whether those tax liabilities will ever be collected.


Amoral Machines, Or: How Roboticists Can Learn To Stop Worrying And Love The Law, Bryan Casey 2017 Stanford Law School

Amoral Machines, Or: How Roboticists Can Learn To Stop Worrying And Love The Law, Bryan Casey

Northwestern University Law Review

The media and academic dialogue surrounding high-stakes decisionmaking by robotics applications has been dominated by a focus on morality. But the tendency to do so while overlooking the role that legal incentives play in shaping the behavior of profit-maximizing firms risks marginalizing the field of robotics and rendering many of the deepest challenges facing today’s engineers utterly intractable. This Essay attempts to both halt this trend and offer a course correction. Invoking Justice Oliver Wendell Holmes’s canonical analogy of the “bad man . . . who cares nothing for . . . ethical rules,” it demonstrates why philosophical abstractions like the trolley problem—in ...


Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel 2017 UCLA Law School

Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel

Arbitration Law Review

No abstract provided.


Patent Arbitration: The Underutilized Process For Resolving International Patent Disputes In The Pharmaceutical And Biotechnology Industries, Alessandra Emini 2017 Penn State Law

Patent Arbitration: The Underutilized Process For Resolving International Patent Disputes In The Pharmaceutical And Biotechnology Industries, Alessandra Emini

Arbitration Law Review

No abstract provided.


The Uberization Of Arbitration Clauses, Jill I. Gross 2017 Elisabeth Haub School of Law, Pace University

The Uberization Of Arbitration Clauses, Jill I. Gross

Arbitration Law Review

No abstract provided.


Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart 2017 University of Colorado Law School

Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

These documents underlie and are cited in this empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 409 n.123 (2017), available at http://scholar.law.colorado.edu/articles/755/.

The ZIP file contains three files: one PDF document ("Tables for Charts 1-3"), and two SPSS files ("Data Archive" and "Syntax Archive" (SPSS version 24)). The "Syntax Archive" file may be viewed in a text editor (e.g., Notepad) as well as in SPSS.


The Algorithm As A Human Artifact: Implications For Legal [Re]Search [Appendix B], Susan Nevelow Mart 2017 University of Colorado Law School

The Algorithm As A Human Artifact: Implications For Legal [Re]Search [Appendix B], Susan Nevelow Mart

Research Data

This document, "Search Instructions for Algorithm Study," is an electronic Appendix B to, and is cited in, the empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 400 n.78 (2017), available at http://scholar.law.colorado.edu/articles/755/.


Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky 2017 University of Minnesota Law School

Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky

Hari Osofsky

During the 2001–02 academic year, I lived in China, teaching U.S. civil rights law and helping to start a labor law clinic. My first day of teaching the fall civil rights course was the day of the September 11 attacks, and that event and reactions to it played a dominant role in my experience of that year. However, it was also a particularly interesting year to be in China from an environmental-energy perspective because the Three Gorges Dam was in the process of being built and brought onlie. At that point, the area was partially flooded and it ...


The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman 2017 Pepperdine University

The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman

Pepperdine Law Review

Recent advances in technology are posing new challenges for a legal system based on decades-old precedent. Nowhere is this more apparent than in law enforcement’s warrantless use of IMSI Catchers. These devices mimic a cell phone tower, and when the device is activated, cell phones will naturally connect to them. Law enforcement officers can use those intercepted cell phone signals to track a suspect’s movements in real time with startling accuracy. Scholarly commentary on these devices has largely concluded that their use requires a warrant. This Comment engages in a close examination of Fourth Amendment precedent and argues ...


Online Browsing: Can, Should, And May Companies Combine Online And Offline Data To Learn About You?, Michelle Geronimo 2017 University of California, Hastings College of the Law

Online Browsing: Can, Should, And May Companies Combine Online And Offline Data To Learn About You?, Michelle Geronimo

Hastings Science and Technology Law Journal

No abstract provided.


Syncing The Unsyncable: Legal And Policy Implications Of Paperless Clinical Trials, Kimberly Rhodes 2017 University of California, Hastings College of the Law

Syncing The Unsyncable: Legal And Policy Implications Of Paperless Clinical Trials, Kimberly Rhodes

Hastings Science and Technology Law Journal

No abstract provided.


Lot Network Too Big For Antitrust?, Robert Yang 2017 University of California, Hastings College of the Law

Lot Network Too Big For Antitrust?, Robert Yang

Hastings Science and Technology Law Journal

No abstract provided.


Company Law And Autonomous Systems: A Blueprint For Lawyers, Entrepreneurs, And Regulators, Shawn Bayern, Thomas Burri, Thomas D. Grant, Daniel M. Häusermann, Florian Möslein, Richard Williams 2017 University of California, Hastings College of the Law

Company Law And Autonomous Systems: A Blueprint For Lawyers, Entrepreneurs, And Regulators, Shawn Bayern, Thomas Burri, Thomas D. Grant, Daniel M. Häusermann, Florian Möslein, Richard Williams

Hastings Science and Technology Law Journal

No abstract provided.


Germ-Line Gene Editing And Congressional Reaction In Context: Learning From Almost 50 Years Of Congressional Reactions To Biomedical Breakthroughs, Russell A. Spivak, J.D., I. Glenn Cohen, J.D., Eli Y. Adashi, M.D., M.S. 2017 Harvard Law School

Germ-Line Gene Editing And Congressional Reaction In Context: Learning From Almost 50 Years Of Congressional Reactions To Biomedical Breakthroughs, Russell A. Spivak, J.D., I. Glenn Cohen, J.D., Eli Y. Adashi, M.D., M.S.

Journal of Law and Health

On December 18, 2015, President Obama signed into law a policy rider forestalling the therapeutic modification of the human germ line. The rider, motivated by the science’s potential unethical ends, is only the most recent instance in which the legislature cut short the ongoing national conversation on the acceptability of a developing science. This essay offers historical perspective on what bills were proposed and passed surrounding four other then-developing scientific breakthroughs—Recombinant DNA, in vitro fertilization, Cloning, Stem Cells—to better analyze how Congress is, and should, regulate this exciting and promising science.


Three-Dimensional Printing And A Laissez-Faire Attitude Towards The Evolution Of The Products Liability Doctrine, Evan Malloy 2017 University of Florida Levin College of Law

Three-Dimensional Printing And A Laissez-Faire Attitude Towards The Evolution Of The Products Liability Doctrine, Evan Malloy

Florida Law Review

This Note presents an analysis of how those engaged in three-dimensional (3D) printing may be treated under the products liability doctrine. While 3D printing has the potential to dramatically change the manufacturing process of nearly every good on the consumer market, the unique manufacturing process alone will not automatically bar recovery for every plaintiff injured by an object manufactured using a 3D printer. Courts have not yet defined the scope of liability for actors engaged in creating objects using 3D printers, but an injured plaintiff will have numerous avenues to recovery thanks to the flexibility of the products liability doctrine ...


Surveillance By Algorithm: The Nsa, Computerized Intelligence Collection, And Human Rights, Peter Margulies 2017 University of Florida Levin College of Law

Surveillance By Algorithm: The Nsa, Computerized Intelligence Collection, And Human Rights, Peter Margulies

Florida Law Review

ISIS’s cultivation of social media has reinforced states’ interest in using automated surveillance. However, automated surveillance using artificial intelligence (“machine learning”) techniques has also sharpened privacy concerns that have been acute since Edward Snowden’s disclosures. This Article examines machine-based surveillance by the NSA and other intelligence agencies through the prism of international human rights.

Two camps have clashed on the human rights implications of machine surveillance abroad. The state-centric camp argues that human rights agreements like the International Covenant on Civil and Political Rights (ICCPR) do not apply extraterritorially. Moreover, the state-centric camp insists, machine surveillance is inherently ...


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