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It's A Deal: Forging Media Righs Deals In Response To Spectator Live Streaming, Samanta C. Franchim Jun 2022

It's A Deal: Forging Media Righs Deals In Response To Spectator Live Streaming, Samanta C. Franchim

Journal of Technology Law & Policy

This Note explores why the law should address the issue of spectator live streaming and suggests a solution to this problem. This Note presents its arguments in four parts. Part I explains current copyright law and examines courts’ interpretation of what is copyrightable in the context of live athletic events. Part II focuses on the growing popularity and use of live streaming technology, specifically Periscope, and the legal implications that arise while using this technology in the context of live sporting events. Part III explains why current legal remedies fail to adequately protect professional sports leagues and broadcasters, and examines …

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Keeping The Internet Invisible: Television Takes Over, Henry H. Perritt Jr. Jun 2022

Keeping The Internet Invisible: Television Takes Over, Henry H. Perritt Jr.

Journal of Technology Law & Policy

This Article begins by sketching a vision of what Internet television can become. Then it recalls the technologies and politics that shaped the 1996 Telecommunications Act (Act) and identifies the disruptive developments that require reconceptualizing the Act. It considers eight specific markets in which the ingredients of television are exchanged, assessing their structure, considering how new technologies make them more or less competitive, and identifying the anticompetitive forces that arise as a result. Having built this foundation, it then evaluates pathways for regulation, including net neutrality, opening set-top boxes, and the future of “must-carry” obligations.

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Autonomous Vehicle Testing Legislation: A Review Of Best Practices From States On The Cutting Edge, Rustin Diehl, Matthew I. Thue Jun 2022

Autonomous Vehicle Testing Legislation: A Review Of Best Practices From States On The Cutting Edge, Rustin Diehl, Matthew I. Thue

Journal of Technology Law & Policy

This Article aims to bring autonomous vehicle testing legislation to the attention of lawmakers who have not yet considered the issue, and to provide encouragement and additional guidance for expansion of legislation at the state level. It does so in three parts. First the article briefly reviews the history of autonomous vehicles. Second, it discusses some of the ways that autonomous vehicles could impact society, and explains why lawmakers might be interested in facilitating the safe and orderly deployment of the technology. Finally, the article reviews the current state of the existing legislation and offers some best practices for implementation …

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Cybersecurity Oversight: A Cautionary Tale For Directors, Harris Yegelwel Jun 2022

Cybersecurity Oversight: A Cautionary Tale For Directors, Harris Yegelwel

Journal of Technology Law & Policy

This Note seeks to explore the impact of cybersecurity in a particular context: corporate law. Specifically, this Note examines whether a Board of Directors (Board) should be liable for breach of fiduciary duty for failure to take reasonable and prophylactic measures to protect sensitive corporate data. As the magnitude and sophistication of cyberthreats advances, the resulting harm to corporations develops as well. Corporations are implementing enough cybersecurity measures to protect their data and sensitive information, and existing law does not create sufficient incentives for corporations and their Boards to take necessary precautions to protect sensitive information from cyberthreats. To complicate …

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Isearch Into The Iphone, Kristin Vogl Jun 2022

Isearch Into The Iphone, Kristin Vogl

Journal of Technology Law & Policy

This Note aims to provide insight into the history of the “search” and its adaptation to the modern world of cellular telephones. Although the Fourth Amendment has been the pinnacle of cases for cellular telephones, the Fifth Amendment is emerging in importance as access to the cellular phone advances. The criminal justice system’s issue throughout history has remained clear: how much privacy are citizens willing to lose in order to stay protected?

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Corporate Compliance In The Computer Age, Sean G. Hipworth Jun 2022

Corporate Compliance In The Computer Age, Sean G. Hipworth

Journal of Technology Law & Policy

The author’s focus is on two general areas of compliance risk: bribery and data protection. The objective is to highlight risk factors and propose solutions. The risks or solutions may have both human and technological elements. Both will be discussed as they are often complementary and neither exist in a vacuum.

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Full-Court Press: Fantasy Sports, The Right Of Publicity, And Professional Athletes' Interest In The Live Transmission Of Their Statistical Performances, Michael B. Greenberg Jun 2022

Full-Court Press: Fantasy Sports, The Right Of Publicity, And Professional Athletes' Interest In The Live Transmission Of Their Statistical Performances, Michael B. Greenberg

Journal of Technology Law & Policy

Many scholarly articles have focused on whether professional sports leagues and their athletes have a right of publicity when it comes to the unlicensed use of daily statistical performances by fantasy sports websites. The unambiguous trend in recent court decisions is that such statistics are not protectable because they are “news” within the public domain. I submit, however, that the live transmission of such statistics without the licensed consent of athletes of leagues violates the professional athlete’s right of publicity. Accordingly, to be allowed to transmit these statistics as the game is being played, fantasy sports website operators should have …

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Bowers V. Baystate Technologies: The Unfair Use Doctrine Of Reverse Engineering, Nicholas Camillo Jun 2022

Bowers V. Baystate Technologies: The Unfair Use Doctrine Of Reverse Engineering, Nicholas Camillo

Journal of Technology Law & Policy

The goal of copyright law is utilitarian in nature; it is to disseminate artistic and scientific works that will ultimately benefit society. Copyright law provides an incentive for authors to create new expressive works by granting them exclusive rights so that they may receive economic benefits for their work. Computer software has become difficult to place within the context of copyright law because it is challenging for authors of computer software to disseminate their ideas and simultaneously control access to their work so that they may benefit financially from its reproduction. The fair use defense for reverse engineering is thought …

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A Cautionary Tale: Avoid Cutting Corners In Computer Software Copyright, Sean Stephen Crisafulli Jun 2022

A Cautionary Tale: Avoid Cutting Corners In Computer Software Copyright, Sean Stephen Crisafulli

Journal of Technology Law & Policy

No abstract provided.

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The Undue Reliance On Physical Objects In The Regulation Of Information Products, Pascale Chapdelaine Jun 2022

The Undue Reliance On Physical Objects In The Regulation Of Information Products, Pascale Chapdelaine

Journal of Technology Law & Policy

The purpose of this Article is to critically analyze the root causes and justifications supporting the different treatment of information products that are embodied in a physical object from the ones that are not. The divide in the treatment of different forms of property is to a large extent arbitrary and we need to take a closer look at the profound effects that it may have on the regulation of information products, and the balance of powers between suppliers and recipients. Part II considers the effects of the overemphasis on a physical object in defining goods and services and the …

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Breaking Encryption And Gathering Data: International Law Applications, Grant Hodgson Jun 2022

Breaking Encryption And Gathering Data: International Law Applications, Grant Hodgson

Journal of Technology Law & Policy

In the early 1970s, the United States began using submarines to place recording devices on an underwater sea cable off the coast of Eastern Russia. The cable transported communication between two Russian bases and every so often the United States would retrieve the recordings and listen for useful information. The operation was known as Ivy Bells and although it was discontinued in 1981, the technique of tapping underwater sea cables to gather information is still used today. Governments use many methods to gather data as they try to guard against terrorist attacks and otherwise protect national security. Non-state actors and …

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Crime In The Evolved Digital Age, Anar Patel (Now Kanwar) Jun 2022

Crime In The Evolved Digital Age, Anar Patel (Now Kanwar)

Journal of Technology Law & Policy

This Article examines computer crime statutes and focuses on their weaknesses to implement statutory modifications. Part I provides an overview on the current federal statute, Computer Fraud and Abuse Act, and specific computer crime statutes from California, Vermont, Arkansas and Arizona. Part II focuses on states’ approaches to computer crimes. Part III highlights potential statutory weaknesses and suggests possible amendments to federal and state legislation. Finally, Part IV of this Article concludes with a unique perspective of computer fraud, specifically hacking, in relation to financially motivated crimes.

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The Coming Ubiquity Of Ada Compliance To The Internet And Its Extension To Online Education, Nathaniel Vargas Gallegos, Jesse Sealey Jun 2022

The Coming Ubiquity Of Ada Compliance To The Internet And Its Extension To Online Education, Nathaniel Vargas Gallegos, Jesse Sealey

Journal of Technology Law & Policy

It is the purpose of this article to highlight the ADA and Rehabilitation Act requirements, contemporary case law to the ADA and websites generally, a focused application to higher education institutions, and other applicative illustrations from practice in the field.

The Article will thoroughly trace the statutory, regulatory, and case law as per the ADA and online modalities for state and private actors. The article will conclude with the extensions to online higher educational courses and the new realities of compliance with the ADA.

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Using Hospital Bed Capacity Prediction During Covid-19 To Determine Feature Importance, Helene Barrera, Justin Ehly, Blake Freeman, Chris Papesh, Brad Blanchard Jun 2022

Using Hospital Bed Capacity Prediction During Covid-19 To Determine Feature Importance, Helene Barrera, Justin Ehly, Blake Freeman, Chris Papesh, Brad Blanchard

SMU Data Science Review

The COVID-19 pandemic has exacerbated existing hospital capacity limitations in the United States, causing hospitals in certain regions to hit maximum capacity. The purpose of this study is to investigate key features of COVID-19 related admissions to help create a higher level of public understanding and help guide healthcare management professionals and governments when considering preventive measures. The introduction of preventative measures and new regulations during the pandemic have led to the generation of multiple types of models and feature selection methods in the field of Machine Learning that are increasingly complicated. This study focuses on the exploration of feature …

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A Machine Learning Approach To Revenue Generation Within The Professional Hair Care Industry, Alexander K. Sepenu, Linda Eliasen Jun 2022

A Machine Learning Approach To Revenue Generation Within The Professional Hair Care Industry, Alexander K. Sepenu, Linda Eliasen

SMU Data Science Review

The cosmetic and beauty industry continues to grow and evolve to satisfy its patrons. In the United States, the industry is heavily science-driven, innovative, and fast-paced, suggesting that to remain productive and profitable, companies must seek smart alternatives to their current modus operandi or risk losing out on this multi-billion-dollar industry to fierce competition. In this paper, the authors seek to utilize machine learning models such as clustering and regression to improve the efficiency of current sales and customer segmentation models to help HairCo (pseudonym for confidentiality), a professional hair products manufacturer, strategize their marketing and sales efforts for revenue …

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Analysis Of The Electric Power Outage Data And Prediction Of Electric Power Outage For Major Metropolitan Areas In Texas Using Machine Learning And Time Series Methods, Renfeng Wang, Venkata Leela 'Mg' Vanga, Zachary B. Zaiken, Jonathan Bennett Jun 2022

Analysis Of The Electric Power Outage Data And Prediction Of Electric Power Outage For Major Metropolitan Areas In Texas Using Machine Learning And Time Series Methods, Renfeng Wang, Venkata Leela 'Mg' Vanga, Zachary B. Zaiken, Jonathan Bennett

SMU Data Science Review

With growing energy usage, power outages affect millions of households. This case study focuses on gathering power outage historical data, modifying the data to attach weather attributes, and gathering ERCOT energy market conditions for Dallas-Fort Worth and Houston metropolitan areas of Texas. The transformed data is then analyzed using machine learning algorithms including, but not limited to, Regression, Random Forests and XGBoost to consider current weather and ERCOT features and predict power outage percentage for locations. The transformed data is also trained using time series models and serially correlated models including Autoregression and Vector Autoregression. This study also focuses on …

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Web Page Multiclass Classification, Brian Gaither, Antonio Debouse, Catherine Huang Jun 2022

Web Page Multiclass Classification, Brian Gaither, Antonio Debouse, Catherine Huang

SMU Data Science Review

As the internet age evolves, the volume of content hosted on the Web is rapidly expanding. With this ever-expanding content, the capability to accurately categorize web pages is a current challenge to serve many use cases. This paper proposes a variation in the approach to text preprocessing pipeline whereby noun phrase extraction is performed first followed by lemmatization, contraction expansion, removing special characters, removing extra white space, lower casing, and removal of stop words. The first step of noun phrase extraction is aimed at reducing the set of terms to those that best describe what the web pages are about …

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Anomaly Detection Methods To Improve Supply Chain Data Quality And Operations, Ana E. Glaser, Jake P. Harrison, David Josephs Jun 2022

Anomaly Detection Methods To Improve Supply Chain Data Quality And Operations, Ana E. Glaser, Jake P. Harrison, David Josephs

SMU Data Science Review

Supply chain operations drive the planning, manufacture, and distribution of billions of semiconductors a year, spanning thousands of products across many supply chain configurations. The customizations span from wafer technology to die stacking and chip feature enablement. Data quality drives efficiency in these processes and anomalies in data can be very disruptive, and at times, consequential. Developing preventative measures that automate the detection of anomalies before they reach downstream execution systems would result in significant efficiency gain for the organization. The purpose of this research is to identify an effective, actionable, and computationally efficient approach to highlight anomalies in a …

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Adjusting Community Survey Data Benchmarks For External Factors, Allen Miller, Nicole M. Norelli, Robert Slater, Mingyang N. Yu Jun 2022

Adjusting Community Survey Data Benchmarks For External Factors, Allen Miller, Nicole M. Norelli, Robert Slater, Mingyang N. Yu

SMU Data Science Review

Abstract. Using U.S. resident survey data from the National Community Survey in combination with public data from the U.S. Census and additional sources, a Voting Regressor Model was developed to establish fair benchmark values for city performance. These benchmarks were adjusted for characteristics the city cannot easily influence that contribute to confidence in local government, such as population size, demographics, and income. This adjustment allows for a more meaningful comparison and interpretation of survey results among individual cities. Methods explored for the benchmark adjustment included cluster analysis, anomaly detection, and a variety of regression techniques, including random forest, ridge, decision …

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Identifying Locations Of Violent Injuries In Las Vegas To Implement The Cardiff Violence Prevention Model, Samuel Vonpaays Soh, Kristi L. Herman, Chris Papesh, Tim Musgrove, Ying Zhang Jun 2022

Identifying Locations Of Violent Injuries In Las Vegas To Implement The Cardiff Violence Prevention Model, Samuel Vonpaays Soh, Kristi L. Herman, Chris Papesh, Tim Musgrove, Ying Zhang

SMU Data Science Review

Public violence in the United States is a major health concern. Incidents involving violent crimes are often not reported to law enforcement. The Cardiff Model is a violence prevention program developed in the UK to identify and enable data sharing of violent injury locations between Emergency Rooms (ER) and local law enforcement to help identify areas for community improvements. The model is now in use in several major cities in the US to reduce violence. Las Vegas has seen an increase in public violence in recent years. As a result, researchers from the Southern Nevada Health District (SNHD) and University …

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The Lack Of Pre-Emption For Prescription Drugs: How Juries Have Replaced The Fda As Medical Experts, Deryk Loiacono Jun 2022

The Lack Of Pre-Emption For Prescription Drugs: How Juries Have Replaced The Fda As Medical Experts, Deryk Loiacono

Journal of Technology Law & Policy

Plaintiff, Karen Bartlett, suffered serious injuries after ingesting a generic form of Clinoril®, sulindac, manufactured by Defendant, Mutual Pharmaceutical. Plaintiff filed suit against Defendant in New Hampshire state court to recover damages for Plaintiff’s injuries. Plaintiff filed a design defect claim and a failure to warn claim alleging that the generic drug’s label inadequately warned of the risk of developing certain severe skin reactions. Defendant removed the suit to federal court. The District Court dismissed the failure to warn claim.

A jury awarded Plaintiff twenty-one million dollars based on Plaintiff’s design defect claim. The First Circuit affirmed, holding that neither …

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The Ripple Effect Of Intellectual Property Policy: Empirical Evidence From Stem Cell Research And Development, Yael Bregman-Eschet, Sharon Bar-Ziv, Talya Ponchek, Niva Elkin-Koren Jun 2022

The Ripple Effect Of Intellectual Property Policy: Empirical Evidence From Stem Cell Research And Development, Yael Bregman-Eschet, Sharon Bar-Ziv, Talya Ponchek, Niva Elkin-Koren

Journal of Technology Law & Policy

No abstract provided.

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A Brief History Of Supreme Court Interest In Patent-Eligible Subject Matter Under 35 U.S.C. § 101, John W. Cox, Joseph L. Vandegrift Jun 2022

A Brief History Of Supreme Court Interest In Patent-Eligible Subject Matter Under 35 U.S.C. § 101, John W. Cox, Joseph L. Vandegrift

Journal of Technology Law & Policy

No abstract provided.

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Show Me The Metadata: The Case To Standardize Automatic Metadata Production For E-Mail Communications, Cory Simmons-Edler Jun 2022

Show Me The Metadata: The Case To Standardize Automatic Metadata Production For E-Mail Communications, Cory Simmons-Edler

Journal of Technology Law & Policy

This Article examines the way that electronically stored documents are treated in the discovery process, and particularly focuses on the metadata attached to email, the most prevalent form of communication in the litigation context. This Article also surveys how the Federal Rules of Civil Procedure treat metadata, as well as case law ruling on the discovery of metadata, and the evolution of law surrounding it. The Article finishes by interpreting this evolution, and suggests a modest standardization and automatic disclosure during discovery of specific e-mail metadata fields. These changes will limit the cost and streamline the process of e-discovery, particularly …

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Walking The Semantics Tight-Rope: Defining "Public Performance" In Wnet, Thirteen V. Aereo, Inc., Bryan Giribaldo Jun 2022

Walking The Semantics Tight-Rope: Defining "Public Performance" In Wnet, Thirteen V. Aereo, Inc., Bryan Giribaldo

Journal of Technology Law & Policy

No abstract provided.

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Total Surveillance, Big Data, And Predictive Crime Technology: Privacy's Perfect Storm, Kevin Miller Jun 2022

Total Surveillance, Big Data, And Predictive Crime Technology: Privacy's Perfect Storm, Kevin Miller

Journal of Technology Law & Policy

No abstract provided.

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What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller Jun 2022

What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller

Journal of Technology Law & Policy

In debates over new information technologies, it is sometimes argued that an important reason to protect privacy is the possibility that personal information may be used to subject shoppers to price discrimination based on their identity, traits, or habits. Although this argument appears in numerous places, it has heretofore received little comprehensive treatment. This Article seeks to explore the legal and ethical principles implicated in the use of personal information for retail pricing. It strives to articulate the case for regulating the information flows between sellers and buyers because of the effects that information might have on the prices that …

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The Near Certainty Of Patent Assertion Entity Victory In Portfolio Patent Litigation, Sinan Utku Jun 2022

The Near Certainty Of Patent Assertion Entity Victory In Portfolio Patent Litigation, Sinan Utku

Journal of Technology Law & Policy

No abstract provided.

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Trade Secrets: Expanding The Extraterritorial, Miles S. Clark Jun 2022

Trade Secrets: Expanding The Extraterritorial, Miles S. Clark

Journal of Technology Law & Policy

No abstract provided.

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Fisher V. University Of Texas At Austin: The Legacy Of Grutter And The Power Of Diversity In Stem Degree Programs, Kevin S. Rabin Jun 2022

Fisher V. University Of Texas At Austin: The Legacy Of Grutter And The Power Of Diversity In Stem Degree Programs, Kevin S. Rabin

Journal of Technology Law & Policy

This Note addresses how the decision of the Fifth Circuit in Fisher v. University of Texas at Austin and, further, how the Supreme Court’s review of that case on appeal affected the Court’s affirmative action jurisprudence. More narrowly, this Note will focus on how the Court’s endorsement of affirmative action in higher education has impacted the admissions of minority students into science, technology, engineering, and math (STEM) fields, and the number of degrees that minority students receive in those fields. Part I discusses the history of affirmative action in higher education decisions proceeding Fisher, including Regents of the University …

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