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Recent Articles in Science and Technology
Protocol Layering And Internet Policy, Christopher S. Yoo 
University of Pennsylvania Law School
Protocol Layering And Internet Policy, Christopher S. Yoo
Faculty Scholarship
An architectural principle known as protocol layering is widely recognized as one of the foundations of the Internet’s success. In addition, some scholars and industry participants have urged using the layers model as a central organizing principle for regulatory policy. Despite its importance as a concept, a comprehensive analysis of protocol layering and its implications for Internet policy has yet to appear in the literature. This Article attempts to correct this omission. It begins with a detailed description of the way the five-layer model developed, introducing protocol layering’s central features, such as the division of functions across layers ...
An Ethical Duty To Protect One’S Own Information Privacy?, Anita L. Allen University of Pennsylvania Law School
An Ethical Duty To Protect One’S Own Information Privacy?, Anita L. Allen
Faculty Scholarship
People freely disclose vast quantities of personal and personally identifiable information. The central question of this Meador Lecture in Morality is whether they have a moral (or ethical) obligation (or duty) to withhold information about themselves or otherwise to protect information about themselves from disclosure. Moreover, could protecting one’s own information privacy be called for by important moral virtues, as well as obligations or duties? Safeguarding others’ privacy is widely understood to be a responsibility of government, business, and individuals. The “virtue” of fairness and the “duty” or “obligation” of respect for persons arguably ground other-regarding responsibilities of confidentiality ...
The Environmental Option, Gideon Parchomovsky, Endre Stavang University of Pennsylvania Law School
The Environmental Option, Gideon Parchomovsky, Endre Stavang
Faculty Scholarship
We introduce an innovative market-based mechanism that may be used to advance environmental goals. Our mechanism employs option theory to give established businesses a financial stake in the success of green technologies. We show why and how green companies should be given an option to transfer a block of their shares to any corporation of their choice, incentivize them to switch to environmentally friendly technologies and to use their political clout to alleviate legal, regulatory and political barriers to the adoption of such technologies. In short, giving established corporations a stake in green companies will give them a stake in ...
When Antitrust Met Facebook, Christopher S. Yoo University of Pennsylvania Law School
When Antitrust Met Facebook, Christopher S. Yoo
Faculty Scholarship
Social networks are among the most dynamic forces on the Internet, increasingly displacing search engines as the primary way that end users find content and garnering headlines for their controversial stock offerings. In what may be considered a high-technology rite of passage, social networking companies are now facing monopolization claims under the antitrust laws. This Article evaluates the likely success of these claims, identifying considerations in network economics that may mitigate a finding or market power and evaluating whether a social network’s refusal to facilitate data portability can constitute exclusionary conduct. It also analyzes two early private antitrust law ...
Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth 
Boston College Law School
Engineering The Climate: Geoengineering As A Challenge To International Governance, David A. Wirth
Boston College Environmental Affairs Law Review
The challenge of global climate change has attracted recommendations for remediation from a number of professions, including engineering. The possibilities suggested for “geoengineering” the climate generally fall into one of two categories: (1) removing gaseous carbon dioxide from the air and storing it in long-term repositories (“carbon dioxide removal”); and (2) limiting or reducing the intensity of incoming electromagnetic waves from the sun (“solar radiation management”). Specific and often controversial proposals include the aerial dispersion of aerosols, launching reflective gratings into orbit around the Earth, and seeding the oceans with iron filings. These proposals share the following characteristics: (1) they ...
Getting Nano Tattoos Right — A Checklist Of Legal Ethical Hurdles For An Emerging Nanomedical Technology, Michael G. Bennett, R. John Naranja Jr. 
Northeastern University
Getting Nano Tattoos Right — A Checklist Of Legal Ethical Hurdles For An Emerging Nanomedical Technology, Michael G. Bennett, R. John Naranja Jr.
School of Law Faculty Publications
The nano tattoo represents a nascent technology designed to be implanted in the skin to provide continuous and reliable glucose detection for diabetics. Its potential benefits are compelling not only for its ability to prevent diabetic complications and decrease related social costs, but also for its ease of use and relative patient-user comfort. This Note aims to articulate a checklist of fundamental intellectual property, bioethical and system design issues that are appropriately considered in the pre-clinical, pre-commercialization phase of nano tattoo development. Early and regular consideration of these factors can increase the odds of a societally beneficial dissemination of this ...
Can Bruce Willis Leave His Itunes Collection To His Children?: Inheritability Of Digital Media In The Face Of Eulas, Claudine Wong 
Santa Clara Law
Can Bruce Willis Leave His Itunes Collection To His Children?: Inheritability Of Digital Media In The Face Of Eulas, Claudine Wong
Santa Clara Computer & High Technology Law Journal
In early September, 2012, multiple news agencies reported that actor Bruce Willis was going to sue Apple for the right to pass his iTunes collection to his children upon his death. While the story ultimately proved to be false, it begs the question: Can Mr. Willis actually pass his iTunes songs, legally purchased but subject to a license agreement, to his daughters? We are increasingly acquiring digital music and e-books, copyrighted digital content with legally well-understood physical equivalents. As users pass away, their families are left to wonder if or how they can gain access to the deceased person’s ...
Ids Practice After Therasense And The Aia: Decoupling The Link Between Information Disclosure And Inequitable Conduct, Arpita Bhattacharyya, Michael R. McGurk Santa Clara Law
Ids Practice After Therasense And The Aia: Decoupling The Link Between Information Disclosure And Inequitable Conduct, Arpita Bhattacharyya, Michael R. Mcgurk
Santa Clara Computer & High Technology Law Journal
The duty to disclose material information to the United States Patent and Trademark Office under 37 C.F.R. § 1.56 (Rule 56) is a critical requirement when prosecuting a patent application in the United States. The failure to disclose information can result in a later ruling of inequitable conduct rendering the patent unenforceable. The Federal Circuit’s en banc decision in Therasense heightened the “materiality” and “intent” standards for finding inequitable conduct. However, there has been much uncertainty in the patent community regarding the future of the duty of disclosure under Rule 56. The majority in Therasense theorized that ...
The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu 
University of Maryland Francis King Carey School of Law
The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Genetic Information Nondiscrimination Act Of 2008: History, Successes, And Future Considerations, Christine Formas Norris University of Maryland Francis King Carey School of Law
The Genetic Information Nondiscrimination Act Of 2008: History, Successes, And Future Considerations, Christine Formas Norris
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Emerging Technologies And Dwindling Speech, Jorge R. Roig 
Charleston School of Law
Emerging Technologies And Dwindling Speech, Jorge R. Roig
Jorge R Roig
Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context ...
Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Rondald W. Staudt University of Maryland Francis King Carey School of Law
Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Rondald W. Staudt
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
When The Classroom Is Not In The
Schoolhouse: Applying Tinker To
Student Speech At Online Schools, Brett T. MacIntyre 
Seattle University School of Law
When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre
Seattle University Law Review
Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court ...
The Admissibility Of Cell Site Location
Information In Washington Courts, Ryan W. Dumm Seattle University School of Law
The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm
Seattle University Law Review
This Comment principally explores when and how a party can successfully admit cell cite location information into evidence. Beginning with the threshold inquiry of relevance, Part III examines when cell site location information is relevant and in what circumstances the information, though relevant, could be unfairly prejudicial, cumulative, or confusing. Part IV provides the bulk of the analysis, which centers on the substantive foundation necessary to establish the information’s credibility and authenticity. Part V looks at three ancillary issues: hearsay, a criminal defendant’s Sixth Amendment confrontation rights, and the introduction of a summary of voluminous records. Finally, Part ...
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor University of Maryland Francis King Carey School of Law
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor
Journal of Business & Technology Law
No abstract provided.
Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover University of Maryland Francis King Carey School of Law
Compliance In The Ether: Cloud Computing, Data Security And Business Regulation, J. Nicholas Hoover
Journal of Business & Technology Law
No abstract provided.
Dependence On Cyberscribes - Issues In E-Security, Thomas R. McLean, Alexander B. McLean University of Maryland Francis King Carey School of Law
Dependence On Cyberscribes - Issues In E-Security, Thomas R. Mclean, Alexander B. Mclean
Journal of Business & Technology Law
No abstract provided.
Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane McGee, Randy V. Sabett, Anand Shah University of Maryland Francis King Carey School of Law
Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah
Journal of Business & Technology Law
No abstract provided.
A Commission On A Cyber Mission, Adrian Wilairat University of Maryland Francis King Carey School of Law
A Commission On A Cyber Mission, Adrian Wilairat
Journal of Business & Technology Law
No abstract provided.
Anticipating The Societal Challenges Of Nanotechnologies, Diana M. Bowman, Elen Stokes, Michael G, Bennett Northeastern University
Anticipating The Societal Challenges Of Nanotechnologies, Diana M. Bowman, Elen Stokes, Michael G, Bennett
School of Law Faculty Publications
This article frames a collection of writings comprising a special issue of the NanoEthics journal. The pieces are related through three themes: (i) the relationship between technoscientific developments and consensus making and breaking; (ii) the notion of technological regulation as an activity intimately entangled with the regulation of relations among a wide host of actors and stakeholders; and (iii) law’s omnipresence in and importance to effective regulation. The seven articles of the special issue are briefly contextualized against this thematic field.
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