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Panel Iii--General Discussion, Georgia Journal of International and Comparative Law 2014 University of Georgia School of Law

Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


International Trade In Services From The Japanese Viewpoint, Masato Dogauchi 2014 University of Georgia School of Law

International Trade In Services From The Japanese Viewpoint, Masato Dogauchi

Georgia Journal of International & Comparative Law

No abstract provided.


Trade In Telecommunications Services, Jonathan D. Aronson 2014 University of Georgia School of Law

Trade In Telecommunications Services, Jonathan D. Aronson

Georgia Journal of International & Comparative Law

No abstract provided.


Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky 2014 University of Georgia School of Law

Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Technology Control, Competition, And National Security. Edited By Bernard L. Seward, Jr. University Press Of America, 1987., Dorinda G. Dallmeyer 2014 University of Georgia School of Law

Book Review: Technology Control, Competition, And National Security. Edited By Bernard L. Seward, Jr. University Press Of America, 1987., Dorinda G. Dallmeyer

Georgia Journal of International & Comparative Law

No abstract provided.


From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett 2014 BLR

From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Scholarly and popular commentary often assert that markets characterized by intensive patent issuance and enforcement suffer from “patent thickets” that suppress innovation. This assertion is difficult to reconcile with continuous robust levels of R&D investment, coupled with declining prices, in technology markets that have operated under intensive patent issuance and enforcement for several decades. Using network visualization software, I show that information and communication technology markets rely on patent pools and other cross-licensing structures to mitigate or avoid patent thickets and associated inefficiencies. Based on the composition, structure, terms and pricing of selected leading patent pools in the ICT ...


A Square Peg Into A Round Hole: Trade Dress Protection Of Websites, The Perspective Of The Consumer And The Dilemma For The Courts, Amber R. Cohen 2014 University of Massachusetts School of Law

A Square Peg Into A Round Hole: Trade Dress Protection Of Websites, The Perspective Of The Consumer And The Dilemma For The Courts, Amber R. Cohen

University of Massachusetts Law Review

This Note explores the legalities of trade dress protection for a website, the enforcement of such protection, and what is necessary to protect the “look and feel” of a website. Further, this Note claims it is nearly impossible to protect the “look and feel” of a website because the functionality of the site will always trump protection.


Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole 2014 University of Massachusetts School of Law

Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole

University of Massachusetts Law Review

Transcript of the Federalist Society’s Intellectual Property Practice Group and its Stanford Law School Chapter debate on Open Source and Intellectual Property Rights with panelists Professor Lawrence Lessig from Stanford University and Professor F. Scott Kieff from Stanford University and moderated by Professor G. Marcus Cole from Stanford Law School. This debate took place on Wednesday, March 30, 2005 in Palo Alto, California.


Strengths, Limitations, And Controversies Of Dna Evidence, Naseam Rachel Behrouzfard 2014 University of Massachusetts School of Law

Strengths, Limitations, And Controversies Of Dna Evidence, Naseam Rachel Behrouzfard

University of Massachusetts Law Review

This article explores the benefits of DNA evidence as well as the evidentiary problems associated with DNA. Part II discusses the history, development, and the emergence of DNA in the criminal justice system. Part III analyzes the significance of DNA evidence and its impact on recent cases. Part IV describes the disadvantages of DNA evidence in terms of efficiency, risks, human error, and its impact on jurors.


Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, National Institute of Justice 2014 University of Massachusetts School of Law

Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, National Institute Of Justice

University of Massachusetts Law Review

DNA analysis is the gold standard for identification of human remains from mass disasters. Particularly in the absence of traditional anthropological and other physical characteristics, forensic DNA typing allows for identification of any biological sample and the association of body parts, as long as sufficient DNA can be recovered from the samples. This is true even when the victim’s remains are fragmented and the DNA is degraded. While many effective laboratory protocols are available for DNA analysis, the analytical portion is only one part of the identification process.


Dna In The Courtroom: The 21st Century Begins, James T. Griffith, Susan L. Leclair 2014 University of Massachusetts School of Law

Dna In The Courtroom: The 21st Century Begins, James T. Griffith, Susan L. Leclair

University of Massachusetts Law Review

DNA is one of the most significant discoveries in the field of forensic evidence yet it remains underutilized in the courtroom setting. This article provides an introduction to the scientific principles, structure and composition of DNA in an effort to make DNA more accessible to the judicial process.


Introduction To Excerpts From Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, Glenn R. Schmitt 2014 University of Massachusetts School of Law

Introduction To Excerpts From Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, Glenn R. Schmitt

University of Massachusetts Law Review

On the 5th anniversary of the terrorist attacks on the World Trade Center, the National Institute of Justice – the research, development, and evaluation agency of the U.S. Department of Justice – published a major report on the identification of mass disaster victims using DNA analysis. The report was prepared by the Kinship and Data Analysis Panel, a multidisciplinary group of scientists assembled by the National Institute of Justice to offer guidance to the New York City Office of the Chief Medical Examiner in the identification of those who perished in the World Trade Center.


Introduction, Miriam F. Miquelon-Weismann 2014 University of Massachusetts School of Law

Introduction, Miriam F. Miquelon-Weismann

University of Massachusetts Law Review

Legal educators increasingly use the classroom to import expertise from scientists and social scientists to better prepare law students to engage in specialized and collaborative fields of practice. Indeed, this project grew out of a paper course on Scientific Evidence in Civil and Criminal Cases offered during the spring 2006 semester at the law school. Students heard from accident reconstruction experts, DNA scientists, forensic pathologist and medical malpractice experts. In February 2006, Dr. Aaron Lazare, Dean and Chancellor at the University of Massachusetts, addressed the law school on a cutting-edge legal theory from his recently published book, “On Apology.” Stimulated ...


The Unexamined Life In The Era Of Big Data: Toward A Udaap For Data, Sean Brian 2014 SelectedWorks

The Unexamined Life In The Era Of Big Data: Toward A Udaap For Data, Sean Brian

Sean Brian

No abstract provided.


The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu 2014 University of San Diego

The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu

Katrina Wu

The Google Art Project is an ambitious attempt by Google to curate worldwide artwork online in the highest resolution possible. Google accomplishes this by partnering with museums where museums provide access to art collections and Google provides the technology to capture high quality images. Under this existing model, Google places the burden of copyright clearances on museums and removes images from online if requested by copyright owners. An endeavor like the Google Art Project is not unprecedented however, when Google attempted to put the world’s books online under the Google Books Project, scanning millions of titles and offering snippets ...


Book Review: Minds, Brains, And The Law: The Conceptual Foundations Of Law And Neuroscience, Karen Breda 2014 Boston College Law School

Book Review: Minds, Brains, And The Law: The Conceptual Foundations Of Law And Neuroscience, Karen Breda

Boston College Law School Faculty Papers

Review of Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience by Michael S. Pardo and Dennis Patterson, published by Oxford University Press.


Opening The Schoolhouse Gate: Why The Supreme Court Should Adopt The Standard Announced In Tatro V. Supreme Court Of Minnesota To Permit The Regulation Of Non-Curricular Student Speech In Professional Programs, Mark A. Cloutier 2014 Boston College Law School

Opening The Schoolhouse Gate: Why The Supreme Court Should Adopt The Standard Announced In Tatro V. Supreme Court Of Minnesota To Permit The Regulation Of Non-Curricular Student Speech In Professional Programs, Mark A. Cloutier

Boston College Law Review

Free speech in public schools has long been a divisive and intriguing issue. The topic is particularly contentious in post-secondary education where many of the maturity-driven and family surrogate rationales for restricting student speech fall away. Furthermore, with the advent of the Internet and the explosion of social media, it is now nearly impossible to draw a meaningful line between student speech rights on school grounds and student speech rights beyond them. This Note examines what happens when a student enrolled in a post-secondary program violates an established code of conduct or professional ethics using a non-curricular form of Internet ...


The Rise Of The End User In Patent Litigation, Gaia Bernstein 2014 Boston College Law School

The Rise Of The End User In Patent Litigation, Gaia Bernstein

Boston College Law Review

The patent system focuses on the actions of two players: the patentee and its competitor. It assumes that the competitor will represent the interests of the end user. But, end users are increasingly becoming significant players in the patent system, with their interests sometimes diverging from those of competitors. Attention has recently turned to Patent Assertion Entities (“PAEs”)—also known as patent trolls—who are suing vast numbers of customers using patented technologies in their everyday businesses. Yet, end users were also principal players in some of the main recent patent cases before the U.S. Supreme Court. In Bowman ...


The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer 2014 SelectedWorks

The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer

Adam Thierer

This paper highlights some of the opportunities presented by the rise of the so-called “Internet of Things” and wearable technology in particular, and encourages policymakers to allow these technologies to develop in a relatively unabated fashion. As with other new and highly disruptive digital technologies, however, the Internet of Things and wearable tech will challenge existing social, economic, and legal norms. In particular, these technologies raise a variety of privacy and safety concerns. Other technical barriers exist that could hold back IoT and wearable tech — including disputes over technical standards, system interoperability, and access to adequate spectrum to facilitate wireless ...


U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges, Michael Mineiro 2014 Embry-Riddle Aeronautical University

U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges, Michael Mineiro

Space Traffic Management Conference

One component of Space Traffic Management (STM) is on-orbit Space Situational Awareness (SSA) systems and services. Advances in technology and a growing demand for SSA services, information, and data, coupled with U.S. Government policy that promotes the purchase and use of commercial SSA capabilities, means that private commercial sector is likely to have an important role to play. To date, there is no federal agency with clear jurisdiction over on-orbit remote sensing operations. This paper examines the current regulatory framework, identifies gaps and limitations, and identifies possible ways forward.


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