Law Commons^™

Podcasting The Place: Using Tech To Create Community, Rachel S. Evans

Presentations

No abstract provided.

Fintech Industrial Banks And Beyond: How Banking Innovations Affect The Federal Safety Net, Cinar Oney

Fordham Journal of Corporate & Financial Law

The FinTech industry has been utilizing technological innovations to provide services traditionally offered by the banking and financial industry. Until now, many FinTech firms engaging in these activities had non-bank state licenses. The uncertainties surrounding their current business models and the desire to expand the operations led some of these firms to apply for industrial bank charters. An industrial bank charter is one of the few ways for a commercial firm to control a depository institution and allows FinTech firms to retain their technological investments that are not directly related to banking. However, access of these industrial banks to the …

Steering (Or Not) Through The Social And Legal Implications Of Autonomous Vehicles, Melissa L. Griffin

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra

The Journal of Business, Entrepreneurship & the Law

The twenty-first century has brought significant technological advancement that permeates all aspects of our lives. The legal field, though slow in the adaption of this technology, is beginning to pick up the pace. Artificial Intelligence (AI) technology is used now to perform legal work once completed solely by legal practitioners. This Comment outlines what AI is and reviews the current use of AI in the legal field. It also identifies AI products and developments that are in place. Finally, it argues that lawyers will always be needed in the practice of law, despite the continued growth of AI.

Education Institutions Creation Of Partnerships, Iwasan D. Kejawa Ed.D

Department of Educational Administration: Faculty Publications

This issue is embracing the creation of partnerships with establishments worldwide for the provisions of life embodiments to graduates. At moment, there may be lack of friendship or partnership with establishments to create incentives for newly graduates of so many colleges and universities (Hirsh & Weber, 1999). Partnership with external companies will surely bring enormous grants to the colleges and universities and it will also encourage friendly establishments to provide incentives and perks to colleges, universities and alumni. It may be concluded that the advantages of creating rapport with external congruences is the comraderies and also compromises that will be …

"Beyond The New Economy: The Other Technology Revolution" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. While the book refers to the Internet as perhaps the most significant technological change in the 21st century, computer technology, microbiology, and many other fields have undergone similar explosions in innovation.

Algorithms And Automation: Fostering Trustworthiness In Artificial Intelligence, Andrew B. Ware

Honors Theses and Capstones

No abstract provided.

Pakistan's Institutions: We Know They Matter, But How Can They Work Better?, Michael Kugelman, Ishrat Husain

Faculty Research - Books

Back in 2012, a Pakistani professor named Farakh A. Khan issued a dire warning about the state of his country’s public institutions. “Pakistan suffers from institutional failure,” he declared in an essay published about a year before his death. “Failed institutions are unable to correct the problems faced by the society and eventually lead to economic failure… If our leaders are sincere for change in Pakistan then they have to first get the institutions working again. But do they know how or have the will to do it?

Antitrust And The Design Of Production, Herbert J. Hovenkamp

All Faculty Scholarship

Both economics and antitrust policy have traditionally distinguished “production” from “distribution.” The former is concerned with how products are designed and built, the latter with how they are placed into the hands of consumers. Nothing in the language of the antitrust laws suggests much concern with production as such. Although courts do not view it that way, even per se unlawful naked price fixing among rivals is a restraint on distribution rather than production. Naked price fixing assumes a product that has already been designed and built, and the important cartel decision is what should be each firm’s output, or …

Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan

Donald J. Kochan

Industry Spotlight: Technology Patents

Marriott Student Review

Technology patents serve two purposes: to protect competition in the marketplace and to promote collaborative innovation amongst rival firms. Society benefits when technology firms are made to share patents at fair rates. The costs and benefits of technology patents are discussed in the context of industry expectations, and the broader implications for society. Firms should be encouraged to continue innovating, benefiting society as they go.

Optimizing Government For An Optimizing Economy, Cary Coglianese

All Faculty Scholarship

Much entrepreneurial growth in the United States today emanates from technological advances that optimize through contextualization. Innovations as varied as Airbnb and Uber, fintech firms and precision medicine, are transforming major sectors in the economy by customizing goods and services as well as refining matches between available resources and interested buyers. The technological advances that make up the optimizing economy create new challenges for government oversight of the economy. Traditionally, government has overseen economic activity through general regulations that aim to treat all individuals equally; however, in the optimizing economy, business is moving in the direction of greater individualization, not …

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 …

Practice Lean! Implementing Technology-Driven Lean Six Sigma In A Law Firm, Frank A. Urbanic

frank a urbanic

No abstract provided.

Teece's Competing Through Innovation, Herbert J. Hovenkamp

All Faculty Scholarship

This essay reviews David J. Teece's book, Competing Through Innovation: Technological Strategies and Antitrust Policies (2013).

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava

Touro Law Review

No abstract provided.

Toward A Closer Integration Of Law And Computer Science, Christopher S. Yoo

All Faculty Scholarship

Legal issues increasingly arise in increasingly complex technological contexts. Prominent recent examples include the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA), network neutrality, the increasing availability of location information, and the NSA’s surveillance program. Other emerging issues include data privacy, online video distribution, patent policy, and spectrum policy. In short, the rapid rate of technological change has increasingly shown that law and engineering can no longer remain compartmentalized into separate spheres. The logical response would be to embed the interaction between law and policy deeper into the fabric of both fields. An essential step would …

Regulation Fd: An Alternative Approach To Addressing Information Asymmetry, Jill E. Fisch

All Faculty Scholarship

This chapter traces the development of the SEC’s use of Regulation Fair Disclosure (FD) to address information asymmetry in the securities markets. The chapter describes the SEC’s developing enforcement policy and notes, in particular, the SEC’s efforts, through its selection and settlement of Regulation FD cases, to provide guidance to corporations and corporate officials about areas of key concern. The chapter concludes by highlighting current areas of particular importance, including disclosure of information through private meetings and the implications of technological innovations such as the internet and social media. The chapter is forthcoming in Research Handbook on Insider Trading (Stephen …

Ieee T&S Magazine: Undergoing Transformation, Katina Michael

Professor Katina Michael

Our Magazine is in a transformative period, not only because we are ‘Going Green’ in 2013 but because we are experiencing tremendous growth in quality international submissions. This means that we are increasingly appealing to an international audience with transdisciplinary interests. This has not gone unnoticed by the media, nor by our SSIT readership or wider engineering community.

Competition In Information Technologies: Standards-Essential Patents, Non-Practicing Entities And Frand Bidding, Herbert J. Hovenkamp

All Faculty Scholarship

Standard Setting is omnipresent in networked information technologies. Virtually every cellular phone, computer, digital camera or similar device contains technologies governed by a collaboratively developed standard. If these technologies are to perform competitively, the processes by which standards are developed and implemented must be competitive. In this case attaining competitive results requires a mixture of antitrust and non-antitrust legal tools.

FRAND refers to a firm’s ex ante commitment to make its technology available at a “fair, reasonable and nondiscriminatory royalty.” The FRAND commitment results from bidding to have one’s own technology selected as a standard. Typically the FRAND commitment is …

Slides: Meeting The Needs Of Women Through Clean Cooking Solutions, Corinne Hart

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Corinne Hart, Program Manager, Gender and Markets, Global Alliance for Clean Cookstoves

20 slides

Editorial: Social Implications Of Technology- “Il Buono, Il Brutto, Il Cattivo”, Katina Michael

Professor Katina Michael

Late last year, IEEE SSIT was invited to put together a paper for the centennial edition of Proceedings of the IEEE that was published in May 2012. The paper titled, “Social Implications of Technology: The Past, the Present, and the Future,” brought together five members of SSIT with varying backgrounds, and two intense months of collaboration and exchange of ideas. I personally felt privileged to be working with Karl D. Stephan, Emily Anesta, Laura Jacobs and M.G. Michael on this project.

Telecommunications 2004: Business Strategy, Hr Practices, And Performance, Rosemary Batt, Alexander J.S. Colvin, Harry C. Katz, Jeffrey Keefe

Alexander Colvin

This national benchmarking report of the U.S. telecommunications services industry traces the tumultuous changes in management and workforce practices and performance in the sector over the last 5 years. This is a follow-up report to our 1998 study. At that time, when the industry was booming, we conducted a national survey of establishments in the industry. In 2003, we returned to do a second national survey of the industry, this time in a sector that was recovering from one of the worst recessions in its history.

Commentary On: Mann, Steve (2012): Wearable Computing, Katina Michael, M.G. Michael

Associate Professor Katina Michael

In Professor Steve Mann- inventor, physicist, engineer, mathematician, scientist, designer, developer, project director, filmmaker, artist, instrumentalist, author, photographer, actor, activist- we see so much of the paradigmatic classical Greek philosopher. I recall asking Steve if technology shaped society or society shaped technology. He replied along the lines that the question was superfluous. Steve instead pointed to praxis, from which all theory, lessons or skills stem, are practiced, embodied and realized. Steve has always been preoccupied by the application of his ideas into form. In this way too, he can be considered a modern day Leonardo Da Vinci.

Slides: Unconventional Gas And Oil – Potential Air Emissions, John Imse

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Imse, Hydrogeologist, ENVIRON International Corporation presents an overview of the current methods for developing a shale play and the typical site operations

10 slides

The Fall-Out From Emerging Technologies: On Matters Of Surveillance, Social Networks And Suicide, M.G. Michael, Katina Michael

M. G. Michael

No abstract provided.

The Fall-Out From Emerging Technologies: On Matters Of Surveillance, Social Networks And Suicide, M.G. Michael, Katina Michael

Professor Katina Michael

No abstract provided.

Some Job Hunters Are What They Post, Michael D. Mann

Michael D. Mann

Plug a prospective employee's name into an Internet search engine, and you might be surprised at what you find. Web pages may tell hiring attorneys that the person they just interviewed wrote for an undergraduate newspaper or belonged to a specific sorority, but the Web may also reveal the recent interviewee's drink of choice and dating status. Law firms can use the Internet for their own recruiting needs, says attorney Michael D. Mann, but they should take what they read on the Web with a grain of salt.

Initial Interest Confusion: Standing At The Crossroads Of Trademark Law, Jennifer E. Rothman

All Faculty Scholarship

While the benchmark of trademark infringement traditionally has been a demonstration that consumers are likely to be confused by the use of a similar or identical trademark to identify the goods or services of another, a court-created doctrine called initial interest confusion allows liability for trademark infringement solely on the basis that a consumer might initially be interested, attracted, or distracted by a competitor's, or even a non-competitor's, product or service. Initial interest confusion is being used with increasing frequency, especially on the Internet, to shut down speech critical of trademark holders and their products and services, to prevent comparative …