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Case Of Mouvement Raëlien Suisse V. Switzerland: A Blow To Freedom Of Expression In The Internet Age, Ramya Vallabhaneni 2016 Boston College Law School

Case Of Mouvement Raëlien Suisse V. Switzerland: A Blow To Freedom Of Expression In The Internet Age, Ramya Vallabhaneni

Boston College International and Comparative Law Review

On March 7, 2001, the Raël Movement (the Movement), a Geneva-based non-profit organization that aims to establish contact and good relations with extraterrestrials, sought permission from Swiss authorities in the city of Neuchâtel to put up posters for its April campaign. The Swiss authorities’ denial of the request was upheld in all four levels of Swiss appellate courts. The Movement appealed the case to the European Court of Human Rights (ECtHR) under Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. On July 13, 2012, The Grand Chamber of the ECtHR found that the ...


The Online/Offline Cognitive Divide: Implications For Law, Brian Christopher Jones 2016 Liverpool Hope University, UK

The Online/Offline Cognitive Divide: Implications For Law, Brian Christopher Jones

Brian Christopher Jones

While the online and offline realms continue to converge, this piece argues that a significant cognitive divide remains. This is especially the case as regards the use of social media. The structural mechanisms of these platforms encourage (and even propel) speech, which facilitates a unique cognitive environment for users; an atmosphere where individuals tend to be much more likely to engage in speech than in the physical realm. Many argue that such disinhibition is due to anonymity, but research has demonstrated that it is a more complex picture than previously believed. For the most part the law has ignored these ...


National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight 2016 Contributing Member for IPCLJ (2015-2016), University of Cincinnati College of Law

National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


A Comparative Approach To Economic Espionage: Is Any Nation Effectively Dealing With This Global Threat?, Melanie Reid 2016 University of Miami Law School

A Comparative Approach To Economic Espionage: Is Any Nation Effectively Dealing With This Global Threat?, Melanie Reid

University of Miami Law Review

In 1996, Congress passed the Economic Espionage Act (EEA), 18 U.S.C. Sections 1831 and 1832, to help thwart attempts by foreign entities intent on stealing U.S. proprietary information and trade secrets. Despite the passage of the EEA almost twenty years ago, if recent statistics are to be believed, there is so much trade secret thievery going around that the United States finds itself in the midst of an epidemic of economic espionage. Currently, any and all U.S. technology that is vulnerable and profitable is being targeted. Unfortunately, existing remedies and enforcement have barely blunted the onslaught ...


Law And The Sciences Of The Brain/Mind, Stephen J. Morse 2016 University of Pennsylvania Law School

Law And The Sciences Of The Brain/Mind, Stephen J. Morse

Faculty Scholarship

This chapter is a submission to the Oxford Handbook of Law and the Regulation of Technology edited by Roger Brownsword. It considers whether the new sciences of the brain/mind, especially neuroscience and behavioral genetics, are likely to transform the law’s traditional concepts of the person, agency and responsibility. The chapter begins with a brief speculation about why so many people think these sciences will transform the law. After reviewing the law’s concepts, misguided challenges to them, and the achievements of the new sciences, the chapter confronts the claim that these sciences prove that we are really not ...


Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong 2016 Alexander Blewett III School of Law at the University of Montana

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land and Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.


Responding To Takedown Requests For Digital Library Repositories, Kristina L. Niedringhaus 2016 Georgia State University College of Law

Responding To Takedown Requests For Digital Library Repositories, Kristina L. Niedringhaus

Kristina L Niedringhaus

No abstract provided.


Useless Information: Genetic Patenting, The Usefulness Requirement, And The Effect On The “Big Freeze”, David T. Bennett 2016 Pepperdine University

Useless Information: Genetic Patenting, The Usefulness Requirement, And The Effect On The “Big Freeze”, David T. Bennett

Journal of the National Association of Administrative Law Judiciary

This note considers the current state of affairs regarding patentability in the field of biotechnology, especially that of genes and DNA. Part II gives a brief background of patents in general, including the requirements that must be met for a patent to be granted, the way in which the patent process works, and the options available to a patent holder once a patent has been granted. Part III explores the history of biotechnology patents. Part IV takes a look at the relationship between patents and biotechnology, and sheds light on some of the common arguments both in favor of and ...


The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser 2016 Else School of Management, Milsaps College

The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser

Pace Law Review

This article will introduce some of the issues and offer some possible guidelines which may eventually guide cases of medical malpractice and medical care in the face of neurointerventions. First, I will briefly address the standard of care in medical malpractice cases in general. Second, I will discuss some of the existing and potential physical and neurological enhancements available for physicians. Finally, I will explore how these neurointerventions could alter the standards for medical malpractice for both the enhanced doctors and the entire medical profession.


Under The Needle: Ergonomic Issues With Lethal Injection Protocols, Gabriella Hancock 2016 University of Central Florida

Under The Needle: Ergonomic Issues With Lethal Injection Protocols, Gabriella Hancock

Human Factors and Applied Psychology Student Conference

The institution of capital punishment represents one of the most contentious issues affecting societies today; and while the practice is only implemented in 58 countries, the controversy affects the world at large as over 60% of the human population lives in nations that condone the death penalty (Hali, 2015). In the United States, people who support capital punishment believe the practice to be an effective crime deterrent for potential criminals and therefore a prospective protective measure for law abiding citizens. Moreover, advocates defend their position by forwarding the argument that executions are ‘humane’; that use of lethal injection ensures that ...


Comment, Donald R. Andersen 2016 University of Georgia School of Law

Comment, Donald R. Andersen

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Aspects Concerning The Technology Transfer Process In Mexico, Jaime Alvarez Soberanis 2016 University of Georgia School of Law

Legal Aspects Concerning The Technology Transfer Process In Mexico, Jaime Alvarez Soberanis

Georgia Journal of International & Comparative Law

No abstract provided.


Inquiry Into The Implementation Of Bush’S Executive Order 13211 And The Impact On Environmental And Public Health Regulation, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic 2016 CUNY School of Public Health

Inquiry Into The Implementation Of Bush’S Executive Order 13211 And The Impact On Environmental And Public Health Regulation, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic

Publications and Research

Executive Order 13211, promulgated in 2001, requires the federal government to consider the impact of federal action on energy independence as part of the George W. Bush’s National Energy Policy. This law review examines whether EO 13211 was used to curtail environmental protection and natural resource conservation. The article begins with a review of the procedure required of federal agencies under EO 13211 and its associated documents. The paper then examines case law and published federal rulemaking proceedings and examines how federal agencies apply tests to evaluate the potential energy effect. The study concludes that EO 13211 strikes a ...


Epigenetics And Toxic Torts: How Epidemiological Evidence Informs Causation, Karriann Laubach 2016 Washington and Lee University School of Law

Epigenetics And Toxic Torts: How Epidemiological Evidence Informs Causation, Karriann Laubach

Washington and Lee Law Review

No abstract provided.


How Sound Is The Science? Applying Daubert To Biomechanical Experts’ Injury Causation Opinions, Loren Peck 2016 Washington and Lee University School of Law

How Sound Is The Science? Applying Daubert To Biomechanical Experts’ Injury Causation Opinions, Loren Peck

Washington and Lee Law Review

No abstract provided.


Moving Beyond “Reasonable”: Clarifying The Ftc’S Use Of Its Unfairness Authority In Data Security Enforcement Actions, Timothy E. Deal 2016 Fordham University School of Law

Moving Beyond “Reasonable”: Clarifying The Ftc’S Use Of Its Unfairness Authority In Data Security Enforcement Actions, Timothy E. Deal

Fordham Law Review

Data security breaches, which compromise private consumer information, seem to be an ever-increasing threat. To stem this tide, the Federal Trade Commission (FTC) has relied upon its authority to enforce the prohibition against unfair business practices under section 5 of the Federal Trade Commission Act (“section 5”) to hold companies accountable when they fail to employ data security measures that could prevent breaches. Specifically, the FTC brings enforcement actions when it finds that companies have failed to implement “reasonable” data security measures. However, companies and scholars argue that the FTC has not provided adequate notice of which data security practices ...


The Erosion Of Autonomy In Online Consumer Transactions, Eliza MIK 2016 Singapore Management University

The Erosion Of Autonomy In Online Consumer Transactions, Eliza Mik

Research Collection School Of Law

Online businesses influence consumer behaviour by means of a wide range of technologies that determine what information is displayed as well as how and when it is displayed. This creates an unprecedented power imbalance between the transacting parties, raising questions not only about the permissible levels of procedural exploitation in contract law, together with the adequacy of existing consumer protections but also about the impact of technology on consumer autonomy. There is, however, no single technology that threatens the latter. It is the combined, mutually-enforcing effect of multiple technologies that influence consumer choices at different stages in the transacting process ...


3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom 2016 University of San Diego

3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom

Evan R. Youngstrom

Today, our society is on a precipice of significant advancement in healthcare because 3D printing will usher in the next generation of medicine. The next generation will be driven by customization, which will allow doctors to replace limbs and individualize drugs. However, the next generation will be without large pharmaceutical companies and their justifications for strong intellectual property rights. However, the current patent system (which is underpinned by a social tradeoff made from property incentives) is not flexible enough to cope with 3D printing’s rapid development. Very soon, the social tradeoff will no longer benefit society, so it must ...


Weighing The Admissibility Of Fmri Technology Under Fre 403: For The Law, Fmri Changes Everything -- And Nothing, Justin Amirian 2016 Fordham University School of Law

Weighing The Admissibility Of Fmri Technology Under Fre 403: For The Law, Fmri Changes Everything -- And Nothing, Justin Amirian

Fordham Urban Law Journal

Lie detection; fMRI; Evidence; polygraph


Collateral Damages: How The Smartphone Patent Wars Are Changing The Landscape Of Patent Infringement Damages Calculations, Martin West 2016 Fordham University School of Law

Collateral Damages: How The Smartphone Patent Wars Are Changing The Landscape Of Patent Infringement Damages Calculations, Martin West

Fordham Urban Law Journal

This Note addresses the diverging approaches to patent infringement damage calculations. Judge Alsup of the Ninth Circuit recently took a rare approach and selected Dr. James Kearl to testify as an independent damages expert in Oracle v. Google under Rule 706 of the Federal Rules of Civil Procedure. In contrast, Judge Posner of the Seventh Circuit recently dismissed the Apple v. Motorola lawsuit finding each party failed to present adequate evidence of their respective damages claims. Judge Koh of the Ninth Circuit took yet another approach using a more relaxed level of admissibility for expert testimony relating to infringement damage ...


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