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4510 full-text articles. Page 7 of 106.

You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski 2017 Case Western University School of Law

You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski

Washington and Lee Law Review

No abstract provided.


Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin 2017 Washington and Lee University School of Law

Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin

Washington and Lee Law Review

No abstract provided.


Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, Stacy-Ann Elvy 2017 New York Law School

Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, Stacy-Ann Elvy

Washington and Lee Law Review

The Internet of Things (IOT) has been described by the American Bar Association as “one of the fastest emerging,” potentially most “transformative and disruptive technological developments” in recent years. The security risks posed by the IOT are immense and Article 2 of the UCC should play a central role in determinations regarding liability for vulnerable IOT products. However, the lack of explicit clarity in the UCC on how to evaluate Article 2’s applicability to hybrid transactions that involve the provision of goods, services, and software has led to conflicting case law on this issue, which contradicts the UCC’s ...


The Ethical Debate On Drones, Anne Hopkins 2017 Augustana College, Rock Island Illinois

The Ethical Debate On Drones, Anne Hopkins

Augustana Center for the Study of Ethics Essay Contest

No abstract provided.


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 ...


Incoming: Regulating Drones In Oklahoma, Jane Dunagin 2017 University of Oklahoma College of Law

Incoming: Regulating Drones In Oklahoma, Jane Dunagin

Oklahoma Law Review

No abstract provided.


3d Printing: What Could Happen To Products Liability When Users (And Everyone Else In Between) Become Manufacturers, James M. Beck, Matthew D. Jacobson 2017 University of Minnesota Law School

3d Printing: What Could Happen To Products Liability When Users (And Everyone Else In Between) Become Manufacturers, James M. Beck, Matthew D. Jacobson

Minnesota Journal of Law, Science & Technology

No abstract provided.


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 ...


"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


Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber 2017 University of Massachusetts School of Law - Dartmouth

Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber

Faculty Publications

The drone industry is burgeoning and there is boundless excitement over the potential civil and commercial applications of these aerial observers. Drones are also fun recreational toys that have more capabilities than their predecessor - the remote controlled helicopter. But along with the benefits comes the potential for misuse. More and more frequently concerned spectators are reporting drones flying around the windows of homes, backyards, and at beaches and sporting events. In some places people are even shooting them down.

We have entered a new frontier of aerial observation with the unmanned aircraft. As is often the case with new technology ...


Masthead, Volume 8 Issue 1 2017 Case Western Reserve University School of Law

Masthead, Volume 8 Issue 1

Journal of Law, Technology, & the Internet

No abstract provided.


Ready, Print, Fire! Regulating The 3d-Printing Revolution, Joseph J. Pantella IV 2017 Case Western Reserve University School of Law

Ready, Print, Fire! Regulating The 3d-Printing Revolution, Joseph J. Pantella Iv

Journal of Law, Technology, & the Internet

"This Article argues that governments ought to proactively consider preemptive legislative or regulatory actions regarding 3D printing. To accomplish this objective this Article looks at the concepts of “permissionless innovation” and the “precautionary principle.” These concepts represent opposing ends of the regulatory spectrum; the former promoting a “wait-and-see” approach while the latter promotes a preemptive or preventative approach to government regulation. After defining these terms the Article will describe the characteristics of technologies that lend themselves either to permissionless innovation or to the precautionary principle. It will provide a few specific areas where policies of each type have been employed ...


Self-Driving Cars: On The Road To A New Regulatory Era, Brian A. Browne 2017 Case Western Reserve University School of Law

Self-Driving Cars: On The Road To A New Regulatory Era, Brian A. Browne

Journal of Law, Technology, & the Internet

"Self-driving cars shatter the schism between federal and state safety regulations for automobiles in the United States…. In Part I, this paper will define self-driving cars and their benefits, describe the imminent safety issues they present for regulatory agencies, and introduce the most commonly analyzed legal issues for self-driving cars. Part II will give background information on the United States regulates motor vehicles by first describing the federal government’s traditional role in regulating vehicle safety via NHTSA. Then, Part II will explain the preliminary actions NHTSA and several state governments have taken to preliminarily regulate self-driving cars. Part III ...


Misappropriation Of Genetic Resources In Africa: A Study Of: Pentadiplandra Brazzeana,Impatiens Usambarensis, And Combretum Micranthum, Julie Micalizzi 2017 Case Western Reserve University School of Law

Misappropriation Of Genetic Resources In Africa: A Study Of: Pentadiplandra Brazzeana,Impatiens Usambarensis, And Combretum Micranthum, Julie Micalizzi

Journal of Law, Technology, & the Internet

"This paper...address[es] three potential cases of misappropriation concerning traditional knowledge and genetic resources of traditional groups in Africa and will explore how the Western patent system enabled,prevented, and corrected misappropriation in the context of these case studies. In all three studies, the patent system failed in misapplying the requirements of patentability and in granting patents for information that is per se unpatentable. However, the unpatentability of these specific instances of traditional knowledge also precludes the indigenous populations from claiming property rights over the information. Without an exclusionary property right, third parties are still able to commercialize the ...


Return Of The De Minimis Exception In Digital Music Sampling: The Ninth Circuit's Recent Holding In Vmg Salsoul Improves Upon The Sixth Circuit's Holding In Bridgeport, But Raises Questions Of Its Own, Francesco Di Cosmo 2017 Washington University School of Law

Return Of The De Minimis Exception In Digital Music Sampling: The Ninth Circuit's Recent Holding In Vmg Salsoul Improves Upon The Sixth Circuit's Holding In Bridgeport, But Raises Questions Of Its Own, Francesco Di Cosmo

Washington University Law Review

Sampling is a musical production practice that has become increasingly common since the 1980s. A producer samples by copying a section of a sound recording and inserting it into the piece of music she is producing. The type of sound recording sampled by producers can vary vastly from piece to piece. Numerous pop and hip hop songs sample from songs of various genres (rock, classical music, or other pop songs, for example). Audio from a film, commercial, or speech may also be inserted into a song. Typically, the purpose of these samples is either to make use of the musical ...


Science As Speech, Natalie Ram 2017 University of Baltimore School of Law

Science As Speech, Natalie Ram

All Faculty Scholarship

In April 2015, researchers in China reported the successful genetic editing of human embryos using a new technology that promised to make gene editing easier and more effective than ever before. In the United States, the announcement drew immediate calls to regulate or prohibit
outright any use of this technology to alter human embryos, even for purely research purposes. The fervent response to the Chinese announcement was, in one respect, unexceptional. Proposals to regulate or prohibit scientific research following a new breakthrough occur with substantial frequency. Innovations in cloning technology and embryonic stem cell research have prompted similar outcries, and ...


Introducing Sts Scholarship To The Gun Policy Debate In United States Society, Caroline Skinner 2017 Scripps College

Introducing Sts Scholarship To The Gun Policy Debate In United States Society, Caroline Skinner

Scripps Senior Theses

The following thesis will merge the field of legal studies with the field

of Science, Technology, and Society, and will focus on issues surrounding the

gun control debate. The goal is to ultimately bring new light to this hot-

button legal topic through the use of STS scholarship. STS tools and theories,

which have previously been absent from most gun control discussions, have

much to contribute to the discourse in terms of motivating the need for gun

control, fully understanding the user-gun relationship, breaking down

misconceptions about the technology and its role in society, and further

understanding the complex societal ...


Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As Critical Infrastructure Under The United States Code, Allaire M. Monticollo 2017 University of Richmond

Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As Critical Infrastructure Under The United States Code, Allaire M. Monticollo

Law Student Publications

In just the past five years, the United States has suffered numerous hacks into important entities and institutions across the country by ill-intentioned actors. Private companies and government agencies alike have felt the negative impacts of security breaches by hackers infiltrating proprietary and protected systems. Even the United States political landscape has proven vulnerable to bad actors in the realm of cyber security. Furthermore, analysts have attributed some of the most recent highly publicized hacks to state-sponsored groups. As cyber security threats and opportunities for foreign hackers to infiltrate critical systems become more prevalent, it is natural to wonder where ...


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 ...


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