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Full-Text Articles in Law
Dying To Know: A Demand For Genuine Public Access To Clinical Trial Results Data, Christine Galbraith Davik
Dying To Know: A Demand For Genuine Public Access To Clinical Trial Results Data, Christine Galbraith Davik
Faculty Publications
Four years ago at the age of 34, I heard the awful words "I'm sorry, but you have breast cancer" coming from my doctor. After the initial shock of the diagnosis wore off, I like many others who have faced life-threatening diseases began to work with a team of physicians to develop an appropriate treatment plan, which included contemplating enrollment in a clinical trial. Quite unexpectedly, my position as an intellectual property professor whose scholarship focuses primarily on information control, my role as a member of my university's Institutional Review Board that oversees studies involving human subjects, and my newly …
A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine Galbraith Davik
A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine Galbraith Davik
Faculty Publications
Public access to ideas and information is critically important to creativity, competition, innovation, and a democratic culture. Nonetheless, material that belongs in the public domain is increasingly being transformed into private property. Data which was once freely available has become inaccessible as a result of legislatively or judicially sanctioned technological and contractual constraints. This is due in large part to the fact that lawmakers promulgating legislation and judges resolving disputes concerning data have failed to adequately take into account the multi-dimensional problems involved in controversies concerning access to ideas and information. The focus is often inappropriately centered on the tangible …
Remembering The Public Domain, Christine Galbraith Davik
Remembering The Public Domain, Christine Galbraith Davik
Faculty Publications
Rapid advances in communication technology over the past decade have resulted in the previously unimaginable ability to seamlessly exchange ideas and data on a global basis. Nonetheless, despite the undeniable progress that has been made, access to information is ironically becoming progressively more. This is due in large part to the fact that resources which belong in the public domain are increasingly being transformed into private property. The carefully balanced provisions of copyright law are gradually becoming displaced by contractual, technological, and legislative constraints that allow for the tight control of access to and use of the materials in question. …
Access Denied: Improper Use Of The Computer Fraud And Abuse Act To Control Information On Publicly Accessible Internet Websites, Christine Galbraith Davik
Access Denied: Improper Use Of The Computer Fraud And Abuse Act To Control Information On Publicly Accessible Internet Websites, Christine Galbraith Davik
Faculty Publications
The Computer Fraud and Abuse Act (CFAA) was originally enacted in 1984 as a criminal statute to address hacking and the growing problem of computer crime. Recently, however, in an attempt to control competition and maintain market share, a number of companies have sought to prevent entities they deem unwelcome from obtaining data on their websites. Utilizing the civil action provisions of the CFAA, these companies have surprisingly succeeded in convincing federal courts that hacking includes accessing and using the factual information a company has chosen to post on a publicly available website. Despite the fact that many of the …