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Recent Articles in Science and Technology
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.
Best Mode Trade Secrets, Brian J. Love, Christopher B. Seaman 
Yale Law School
Best Mode Trade Secrets, Brian J. Love, Christopher B. Seaman
Yale Journal of Law and Technology
Trade secrecy and patent rights traditionally have been considered mutually exclusive. Trade secret rights are premised on secrecy. Without it, they evaporate. Patent rights, on the other hand, require public disclosure. Absent a sufficiently detailed description of the invention, patents are invalid. However, with the passage of the Leahy-Smith America Invents Act (“AIA”) last fall, this once black-and-white distinction may melt into something a little more gray. Buried amidst myriad tweaks to the Patent Act is one that has the potential to substantially change the boundary between patent and trade secret protection. For the first time since at least 1952 ...
Reverse Engineering Informational Privacy Law, Michael Birnhack Yale Law School
Reverse Engineering Informational Privacy Law, Michael Birnhack
Yale Journal of Law and Technology
Is technology-neutral legislation possible? Technological neutrality in legislation is often praised for its flexibility and ability to apply to future technologies. Yet, time and again we realize that even if the law did not name any technology, it was nevertheless based on an image of a particular technology. When new technologies appear, they expose the underlying technological mindset of the existing law. This article suggests that we read technology-related laws to uncover their hidden technological mindset so that we can better understand the law and prepare for the future. Reverse engineering the law is an interpretive mode, tailored to uncover ...
Anonymity, Disclosure And First Amendment Balancing In The Internet Era: Developments In Libel, Copyright, And Election Speech, Jason M. Shepard, Genelle Belmas Yale Law School
Anonymity, Disclosure And First Amendment Balancing In The Internet Era: Developments In Libel, Copyright, And Election Speech, Jason M. Shepard, Genelle Belmas
Yale Journal of Law and Technology
The Supreme Court has long protected anonymity for speakers and writers under the First Amendment. The Internet enables anonymity for individuals who post writings, download music, and participate in political discussion. However, this poses a challenge for plaintiffs who want to sue anonymous speakers for libel, copyright infringement, or election speech. This Article evaluates current legal developments in these areas and makes recommendations about how the law should deal with these different but related issues of anonymous speech.
Moving From Nixon To Nasa: Privacy's Second Strand--A Right To Informational Privacy, Christina P. Moniodis Yale Law School
Moving From Nixon To Nasa: Privacy's Second Strand--A Right To Informational Privacy, Christina P. Moniodis
Yale Journal of Law and Technology
The Supreme Court’s data privacy jurisprudence consists of only two cases, yet these cases have fueled a circuit split on data privacy rights. The Court’s hesitance to foray into data privacy law may be because the nonrival, invisible, and recombinant nature of information causes plaintiffs’ harms to elude courts. Such harms threaten the democratic relationship between citizen and state. However, the Court renewed its attention to data privacy in NASA v Nelson, in which the Court may have recognized a tension in its jurisprudence and rejected one of its precedents to better account for the harms and interests ...
Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen 
Maurer School of Law: Indiana University
Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen
IP Theory
No abstract provided.
Dissenting State Patent Regimes, Camilla A. Hrdy Maurer School of Law: Indiana University
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook Maurer School of Law: Indiana University
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
IP Theory
No abstract provided.
Computer Literacy For Administrative Law Judges, Emilio Jaksetic 
Pepperdine University
Computer Literacy For Administrative Law Judges, Emilio Jaksetic
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
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