Law Commons^™

Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz

The University of New Hampshire Law Review

The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the …

The Results Of Deliberation, Maggie Wittlin

The University of New Hampshire Law Review

When evaluating whether to sue, prosecute, settle, or plead, trial lawyers must predict the future—they need to estimate how likely they are to win a given case in a given jurisdiction. Social scientists have used mock juror studies to produce a vast body of literature showing how different variables influence juror decision making. But few of these studies account for jury deliberation, so they present an impoverished picture of how these effects play out in trials and are of limited usefulness.

This Article helps lawyers better predict the future by presenting a novel computer model that extrapolates findings about jurors …

Ip Basics: Advice On Ip Careers For Those With Technical Backgrounds, Thomas G. Field Jr.

Law Faculty Scholarship

[Excerpt] Full-time law school takes three years and culminates in the Juris Doctor. A J.D. from a school accredited by the American Bar Association qualifies a person to take the bar exam in any state. As mentioned above, college graduates need not pursue any particular line of study to be accepted into law school. At the University of New Hampshire School of Law, for example, over a third of our students have degrees in engineering or science, and many have had extensive experience or advanced degrees, including M.D.s and Ph.Ds. -- the last being particularly helpful for biotechnology patent careers.

Overcoming India’S Food Security Challenges: The Role Of Intellectual Property Management And Technology Transfer Capacity Building, Stanley Kowalski, Aarushi Gupta, Ifica Mehra

Law Faculty Scholarship

The growth of the Indian economy after Independence has had little impact on the food security of the country. The paper analyses the development of advanced crop varieties through the use of agricultural technologies (hereinafter "agbiotech") within the technology transfer system, a framework which comprises of the interactions of intellectual property rights law and agricultural research and development in India. Through this, the author argues that agricultural innovation in India is failing due to the absence of connections within the technology transfer system and advocates for the creation of a national program aimed at advancing IP and tech-transfer capacity in …

Algae And Biodiesel: Patenting Energized As Green Goes Commercial, Matthew R. Priess, Stanley P. Kowalski

Law Faculty Scholarship

In the twenty-first century, predominant dependence on fossil fuels as energy resources will not be sustainable. Developing and commercializing green energy innovations will be an essential component of the transition to a more diversified energy economy. Algal biodiesel is one of the most promising green fuels because of its potential as a renewable and sustainable fuel source without displacing food crops. Algal biodiesel research and development are necessary early steps towards a transition to a green energy economy. The strategic use of strong patent portfolios will drive this by attracting investment, incentivizing innovation and accelerating commercialization. Whereas algal biodiesel research …

Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker

The University of New Hampshire Law Review

[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.

Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …

Intellectual Property Management In Health And Agricultural Innovation: A Handbook Of Best Practices, Vol. 2, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski

Law Faculty Scholarship

Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities …

Some Peer-To-Peer, Democratically And Voluntarily Produced Thoughts About 'The Wealth Of Networks: How Social Production Transforms Markets And Freedom,' By Yochai Benkler, Ann Bartow

Law Faculty Scholarship

In this review essay, Bartow concludes that The Wealth of Networks: How Social Production Transforms Markets and Freedom by Yochai Benkler is a book well worth reading, but that Benkler still has a bit more work to do before his Grand Unifying Theory of Life, The Internet, and Everything is satisfactorily complete. It isn't enough to concede that the Internet won't benefit everyone. He needs to more thoroughly consider the ways in which the lives of poor people actually worsen when previously accessible information, goods and services are rendered less convenient or completely unattainable by their migration online. Additionally, the …

Intellectual Property Management In Health And Agricultural Innovation: Executive Guide, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski

Law Faculty Scholarship

Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities …

Intellectual Property Management In Health And Agricultural Innovation: A Handbook Of Best Practices, Vol. 1, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski

Law Faculty Scholarship

Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities …

Rational Risk/Benefit Analysis Of Genetically Modified Crops, Stanley P. Kowalski

Law Faculty Scholarship

Safety concerns over the use of molecular biotechnology in the improvement of crops has generated substantial, heated and confusing debates, often driven by ideology and hysterics. Modification of crops is not new, and biotechnology (in its broadest sense) has been used for over a century to accelerate the development of new crops for food, feed and fibre, so as to meet the demands of a growing global community. The introduction of crops developed via molecular biotechnology [Genetically Modified Crops (GMCs)] represents the latest step in this inexorable innovative progression of technology. However, misinformed concern has led to a broad embrace …

What’S The Hang Up? The Future Of Voip Regulation And Taxation In New Hampshire, Kate Winstanley

The University of New Hampshire Law Review

Alice in Austria wishes to call her friend Bob in Boston, using a Boston area code to avoid charges for an international call. Using VoIP, Alice may initiate her call from any location in Austria where she may find Internet access. Once Alice connects to the Internet, she can transmit her call with the aid of a VoIP service provider, such as Skype. In order to hear and communicate with Bob, Alice can rely on a microphone and a headset that she can plug into her computer. Through VoIP, not only may Alice carry on a telephone conversation, but most …

Bayer Ag V. Housey Pharmaceuticals: Protection For Biotechnological Research Tools Under Section 271(G) Found Wanting, Matthew Barthalow

The University of New Hampshire Law Review

[Excerpt] "Research tools, a subset of biotechnological inventions protected by process patents, are “tools that scientists use in the laboratory, including cell lines, monoclonal antibodies, reagents, animal models, growth factors, combinatorial chemistry and DNA libraries, clones and cloning tools (such as PCR), methods, laboratory equipment and machines.” Many companies base their business models on the ability to find pharmaceutical products using their proprietary drug discovery research tools. Research tools used for drug discovery ‘include bioinformatic methods for identifying the interaction of certain proteins and their association with disease, methods for confirming protein targets, screening assays to identify molecules active against …

The Procedural Due Process Requirements For No-Fly Lists, Soumya Panda

The University of New Hampshire Law Review

[Excerpt] “Imagine arriving at the airport and checking in at the ticketing booth. You tell the ticketing agent your name, your flight number, and show the agent your identification. The agent enters the information into the terminal and a look of shock appears on his or her face. While other passengers are waiting behind you, the agent calls for security and mentions in front of other passengers that you are denied from boarding the plane. Now imagine that you are a famous United States senator arriving from a political convention and the ticketing agent tells you that you cannot board …

Hide It Or Unbundle It: A Comparison Of The Antitrust Investigations Against Microsoft In The U.S. And The E.U., Sue Ann Mota

The University of New Hampshire Law Review

[Excerpt] "Microsoft Corporation, the world’s largest software company, has been facing antitrust scrutiny globally. In the U.S., after what’s been called the antitrust trial of the century, a consent decree was reached between Microsoft, the United States government, and several states, that closely resembled the litigated remedy that the remaining states received. Only Massachusetts appealed the litigated remedy, which was approved by the appeals court on June 30, 2004. In the United States, Microsoft was required to hide, but not remove, the Internet Explorer browser on the Windows Operating System. While antitrust litigation was ongoing in the United States against …

Risk Perception Regarding Energy Production: Factor Structure In A French Sample, Etienne Mullet, Anne Bertrand, Cécilia Lazreg, Sheila Rivière Shafighi

The University of New Hampshire Law Review

[Excerpt] "Considering that energy production is a key factor in the development of nations, it is important to have detailed information on the risks attributed by lay people to the different types of energy as well as the different stages of energy production. This study reports on the structure of risk perception with regard to energy production found among French participants. There have already been many investigations of risk perception related to energy production. . . .

The present study is a direct extension of the Mullet study. A similar, although more complete, set of items was used. These items …

A Method For Modeling Low-Probability, High- Consequence Risk Events: Vessel Traffic On The Lower Mississippi River, George Wooddell, Robert Gramling, Craig J. Forsyth

The University of New Hampshire Law Review

[Excerpt] "A variety of commodities, from chlorine to corn and petroleum to passengers, are transported on the lower Mississippi River regularly. Corn, wheat and coal are the most commonly carried commodities. From a human health and safety perspective, these are relatively benign products in that a vessel accident and spill of these are not directly hazardous to people, whatever other ecological disturbances may ensue. However, over eighty million tons of petroleum products are transported on the river annually. Over a million tons of liquid natural gas traverse the river through the center of New Orleans. Additionally, over 400,000 tons of …

Pesticide Residue Regulation: Analysis Of Food Quality Protection Act Implementation, Linda-Jo Schierow

RISK: Health, Safety & Environment (1990-2002)

Dr. Schierow discusses the effects of a recent statute on food safety.

The Impacts Of Using A Safety Compliance Standard In Highway Design, Paul J. Ossenbruggen

RISK: Health, Safety & Environment (1990-2002)

Dr. Ossenbruggen introduces an algorithmic method to objectively test and evaluate safety in the highway design process.

Looking Back: Cyclamate, Allan Mazur, Kevin Jacobson

RISK: Health, Safety & Environment (1990-2002)

The second in a series re-evaluating hazards identified in the 1950s and 60s.

Institutional Controls For Contaminated Sites: Help Or Hazard, Mary R. English, Robert B. Inerfeld

RISK: Health, Safety & Environment (1990-2002)

The authors discuss the different institutional controls available to control long term site remediation of hazardous waste to prevent exposure to residual contamination.

The Rationale For Negligible Risk Exemptions In The Telecommunications Act Of 1996: Cellular Phone And Personal Communication System Transmitters, Gregg H. Claycamp

RISK: Health, Safety & Environment (1990-2002)

Dr. Claycamp explains the adequacy of current legislation and regulation.

Time Enough - Consequences Of Human Microchip Implantation, Elaine M. Ramesh

RISK: Health, Safety & Environment (1990-2002)

Dr. Ramesh argues that microchip implantation is both possible and, for some purposes, desirable and suggests that now is the time to consider strategies for preventing potentially grievous intrusion into personal privacy.

Maximum Individual & Vicinity-Average Dose For A Geologic Repository Containing Radioactive Waste, Thomas H. Pigford

RISK: Health, Safety & Environment (1990-2002)

Explains the basis for his strong dissent to an NAS report on Yucca Mountain.

Risk Criteria For Approving Or Rejecting Field Tests Of High-Performance Weapons, Shaul Feller, Michael Maharik

RISK: Health, Safety & Environment (1990-2002)

Because details are classified and participation by affected populations is limited, military test ranges impose difficult challenges on those responsible for their safety. Here, the authors catalog some of those challenges and suggest ways to address them.

Review Of: Richard 0. Gamble Ii, How To Reduce Professional Liability For Engineers And Architects, Erik C. Swanson

RISK: Health, Safety & Environment (1990-2002)

Review of Richard 0. Gamble II, How to Reduce Professional Liability for Engineers and Architects (Noyes Data Corporation 1987) Foreword, references, index, table of cases. LC: 87-12256; ISBN: 0-8155-1128-0. [102 pp. Cloth $36.00. Mill Road, Park Ridge NJ 07656.]

Overview Of Federal Technology Transfer, Lawrence Rudolph

RISK: Health, Safety & Environment (1990-2002)

Mr. Rudolph reviews approximately thirteen years of legal and political developments that have contributed to laws governing the extent to which private firms may secure rights in technology at least partly developed with federal funds.

Technology Transfer: A View From The Trenches, Harvey Drucker

RISK: Health, Safety & Environment (1990-2002)

Dr. Drucker, who has lab-wide responsibility for technology transfer at Argonne National Laboratory, argues that transferring rights in discoveries made through tax supported research to private entities can contribute to public welfare in many ways.

Coping With The Risk Of Cancer In Children Living Near Power Lines, Eileen N. Abt

RISK: Health, Safety & Environment (1990-2002)

Ms. Abt briefly summarizes evidence linking power lines with a possible increase in risk of childhood cancer. She also recounts how, although many experts remain skeptical of causality, public fears, whether or not warranted, have themselves created serious problems. Finally, she proposes ways to address those problems.

Acceptable Risk: A Conceptual Proposal, Baruch Fischhoff

RISK: Health, Safety & Environment (1990-2002)

Challenging the "de minimis risk" concept, Dr. Fischhoff argues that risks ought not to be considered apart from a particular technology's benefits. He argues, too, that the acceptability of particular kinds of risks should not be determined without considering the views of all persons who may be exposed. Finally, building upon the "reasonable person" construct, he suggests ways those goals might be achieved.