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Full-Text Articles in Law

An Osm For Iot: Establishing An Office Of Special Masters To Resolve Certain Cases Involving The Internet Of Things, Abigail Perdue, Bethany Corbin Sep 2021

An Osm For Iot: Establishing An Office Of Special Masters To Resolve Certain Cases Involving The Internet Of Things, Abigail Perdue, Bethany Corbin

West Virginia Law Review

No abstract provided.


Bias Preservation In Machine Learning: The Legality Of Fairness Metrics Under Eu Non-Discrimination Law, Sandra Wachter, Brent Mittelstadt, Chris Russell Apr 2021

Bias Preservation In Machine Learning: The Legality Of Fairness Metrics Under Eu Non-Discrimination Law, Sandra Wachter, Brent Mittelstadt, Chris Russell

West Virginia Law Review

Western societies are marked by diverse and extensive biases and inequality that are unavoidably embedded in the data used to train machine learning. Algorithms trained on biased data will, without intervention, produce biased outcomes and increase the inequality experienced by historically disadvantaged groups. Recognizing this problem, much work has emerged in recent years to test for bias in machine learning and AI systems using various fairness and bias metrics. Often these fairness metrics address technical bias, but not the underlying cause of inequality: social bias. In this Article we make three contributions. First, we assess the compatibility of fairness metrics …


National Cybersecurity Innovation, Tabrez Y. Ebrahim Dec 2020

National Cybersecurity Innovation, Tabrez Y. Ebrahim

West Virginia Law Review

National cybersecurity plays a crucial role in protecting our critical infrastructure, such as telecommunication networks, the electricity grid, and even financial transactions. Most discussions about promoting national cybersecurity focus on governance structures, international relations, and political science. In contrast, this Article proposes a different agenda and one that promotes the use of innovation mechanisms for technological advancement. By promoting inducements for technological developments, such innovation mechanisms encourage the advancement of national cybersecurity solutions. In exploring possible solutions, this Article asks whether the government or markets can provide national cybersecurity innovation. This inquiry is a fragment of a much larger literature …


The Balkanization Of Data Privacy Regulation, Fernanda G. Nicola, Oreste Pollicino Sep 2020

The Balkanization Of Data Privacy Regulation, Fernanda G. Nicola, Oreste Pollicino

West Virginia Law Review

No abstract provided.


"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro Sep 2020

"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro

West Virginia Law Review

No abstract provided.


Reform Needs To Happen Pfast: The Importance Of Federal Per- And Polyfluoroalkyl Substance Regulation, Erin E. O'Brien Sep 2020

Reform Needs To Happen Pfast: The Importance Of Federal Per- And Polyfluoroalkyl Substance Regulation, Erin E. O'Brien

West Virginia Law Review

No abstract provided.


The Threat Of Data Misuse As An Injury-In-Fact: Establishing A Uniform Framework For Constitutional Standing In The Privacy Era, Isabella Anderson Sep 2020

The Threat Of Data Misuse As An Injury-In-Fact: Establishing A Uniform Framework For Constitutional Standing In The Privacy Era, Isabella Anderson

West Virginia Law Review

No abstract provided.


Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener Dec 2018

Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener

West Virginia Law Review

No abstract provided.


Rethinking The Fourth Amendment In The Age Of Supercomputers, Artificial Intelligence, And Robots, Melanie Reid Apr 2017

Rethinking The Fourth Amendment In The Age Of Supercomputers, Artificial Intelligence, And Robots, Melanie Reid

West Virginia Law Review

In an era of diminishing privacy, the Internet of Things ("loT") has become a consensual and inadvertent tool that undermines privacy protection. The loT, really systems of networks connected to each other by the Internet or other radio-type device, creates consensual mass self-surveillance in such domains as fitness and the Fitbit, health care and heart monitors, "smart" houses and cars, and even "smart" cities. The multiple networks also have created a degree of interconnectivity that has opened up a fire hose of information for companies and governments alike, as well as making it virtually insuperable to live "off the grid" …


Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland Apr 2017

Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland

West Virginia Law Review

No abstract provided.


Lavabitten, Brian L. Owsley Apr 2017

Lavabitten, Brian L. Owsley

West Virginia Law Review

No abstract provided.


Stingray Technology, The Exclusionary Rule, And The Future Of Privacy: A Cautionary Tale, Shawn Marie Boyne Apr 2017

Stingray Technology, The Exclusionary Rule, And The Future Of Privacy: A Cautionary Tale, Shawn Marie Boyne

West Virginia Law Review

No abstract provided.


Playing Off-Key: Trans-Atlantic Data Regulation In A Discordant World, Jennifer L. Bauer Dec 2016

Playing Off-Key: Trans-Atlantic Data Regulation In A Discordant World, Jennifer L. Bauer

West Virginia Law Review

No abstract provided.


The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption, Alyssa Lechmanik Dec 2013

The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption, Alyssa Lechmanik

West Virginia Law Review

No abstract provided.


Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury Jan 2010

Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury

West Virginia Law Review

No abstract provided.


The Patent System's Relationship To Digital Entrepreneurship, Mark Chandler Sep 2009

The Patent System's Relationship To Digital Entrepreneurship, Mark Chandler

West Virginia Law Review

No abstract provided.


Copyright Social Utility And Social Justice Interdependence: A Paradigm For Intellectual Property Empowerment And Digital Entrepreneurship, Lateef Mtima Sep 2009

Copyright Social Utility And Social Justice Interdependence: A Paradigm For Intellectual Property Empowerment And Digital Entrepreneurship, Lateef Mtima

West Virginia Law Review

While advances in digital information technology offer extraordinary possibilities for the exploration and exploitation of literary and artistic expres- sion, these advances also present unprecedented opportunities for intellectual property ("IP") empowerment and the achievement of singular milestones in copyright social justice. The ostensible conflict between copyright digital social utility and digital commoditization has engendered a reemphasis upon the social engineering obligations of the copyright law, and a search for copyright policies which will harmonize these corrivallous objectives. Doctrinal constructions of the copyright law which acknowledge the law's congenital social justice charac- teristics, however, can achieve this equilibrium. The revisualization of …


Enhancing The Senses: How Technological Advances Shape Our View Of The Law, Steven Goldberg Sep 2006

Enhancing The Senses: How Technological Advances Shape Our View Of The Law, Steven Goldberg

West Virginia Law Review

No abstract provided.


A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner Sep 2006

A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner

West Virginia Law Review

No abstract provided.


Wired, Wonderful West Virginia - Electronic Signatures In The Mountain State, Robin C. Capehart, Mark A. Starcher Jan 2002

Wired, Wonderful West Virginia - Electronic Signatures In The Mountain State, Robin C. Capehart, Mark A. Starcher

West Virginia Law Review

No abstract provided.