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Science and Technology Law

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2012

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Articles 91 - 120 of 148

Full-Text Articles in Law

Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg Jan 2012

Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg

UIC John Marshall Journal of Information Technology & Privacy Law

Inspired by the famous Warren and Brandeis conceptualization of the “right to privacy,” this article tries to answer a modern, conceptual lacuna and presents the argument for the need to conceptualize and recognize a new, independent legal principle of a “right to information identity.” This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways …


The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada Jan 2012

The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin Jan 2012

The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund Jan 2012

The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund

IP Theory

No abstract provided.


Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair Jan 2012

Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair

IP Theory

No abstract provided.


The Latest 4th Amendment Privacy Conundrum: "Stingrays", Max Bulinksi Jan 2012

The Latest 4th Amendment Privacy Conundrum: "Stingrays", Max Bulinksi

University of Michigan Journal of Law Reform Caveat

Wired is reporting renewed hubbub regarding statutory and Fourth Amendment protections of individuals’ privacy in the digital age. This time, it comes in the form of federal officers using a fake cellphone tower (called a “stingray”) to locate their suspect, Mr. Rigmaiden, by tracking the location of his cellphone. According to an affidavit submitted to the court, the stingray only captures the equivalent of header information – such as the phone or account number assigned to the aircard as well as dialing, routing and address information involved in the communication.


Signal Lost: Is A Gps Tracking System The Same As An Eyeball?, Eric Andrew Felleman Jan 2012

Signal Lost: Is A Gps Tracking System The Same As An Eyeball?, Eric Andrew Felleman

University of Michigan Journal of Law Reform Caveat

On November 8th, the Supreme Court will hear arguments in United States v. Jones. One of the primary issues in the case is whether law enforcement personnel violated Mr. Jones' Fourth Amendment right to freedom from unreasonable searches and seizures by using a GPS tracking device to monitor the location of his car without a warrant. The 7th Circuit and the 9th Circuit have both recently held that use of GPS tracking is not a search under the Fourth Amendment.


United States V. Jones: Reviving The Property Foundation Of The Fourth Amendment, Herbert W. Titus, William J. Olson Jan 2012

United States V. Jones: Reviving The Property Foundation Of The Fourth Amendment, Herbert W. Titus, William J. Olson

Journal of Law, Technology, & the Internet

No abstract provided.


"Hostile Learning Environment:" Developing Student Speech Regulation By Applying The Hostile Work Environment Analysis To Cyberbullying, Carla Diblasio Jan 2012

"Hostile Learning Environment:" Developing Student Speech Regulation By Applying The Hostile Work Environment Analysis To Cyberbullying, Carla Diblasio

Journal of Law, Technology, & the Internet

No abstract provided.


Antitrust And Patent License Agreements: A New Look At The Grantback Clause In High Technology Markets, John M. Murray Jan 2012

Antitrust And Patent License Agreements: A New Look At The Grantback Clause In High Technology Markets, John M. Murray

Journal of Law, Technology, & the Internet

No abstract provided.


Is Wikileaks A Hit Man Handbook: Why Wikileaks Cannot Claim First Amendment Immunity If The Afghan And Iraq War Logs Cause Physical Harm, Rachel Wolbers Jan 2012

Is Wikileaks A Hit Man Handbook: Why Wikileaks Cannot Claim First Amendment Immunity If The Afghan And Iraq War Logs Cause Physical Harm, Rachel Wolbers

Journal of Law, Technology, & the Internet

No abstract provided.


More Money, More Problems: The Bitcoin Virtual Currency And The Legal Problems That Face It, Daniel Smith Jan 2012

More Money, More Problems: The Bitcoin Virtual Currency And The Legal Problems That Face It, Daniel Smith

Journal of Law, Technology, & the Internet

No abstract provided.


Mass File Sharing Lawsuits: Legalized Extortion Or Valid Defense Of Copyright, Tyler Tassone Jan 2012

Mass File Sharing Lawsuits: Legalized Extortion Or Valid Defense Of Copyright, Tyler Tassone

Journal of Law, Technology, & the Internet

No abstract provided.


The Parable Of The Non-Planting Entity And The Apple Tree: Understanding The Role Of Non-Practicing Entities, The, Mitch Kline Jan 2012

The Parable Of The Non-Planting Entity And The Apple Tree: Understanding The Role Of Non-Practicing Entities, The, Mitch Kline

Journal of Law, Technology, & the Internet

No abstract provided.


Do Robomemos Dream Of Electric Nouns?: A Search For The Soul Of Legal Writing, Ian Gallacher Jan 2012

Do Robomemos Dream Of Electric Nouns?: A Search For The Soul Of Legal Writing, Ian Gallacher

Journal of Law, Technology, & the Internet

No abstract provided.


Autonomous Cars And Tort Liability: Why The Market Will "Drive" Autonomous Cars Out Of The Marketplace, Kyle Colonna Jan 2012

Autonomous Cars And Tort Liability: Why The Market Will "Drive" Autonomous Cars Out Of The Marketplace, Kyle Colonna

Journal of Law, Technology, & the Internet

No abstract provided.


Drone Strikes On Citizens: Ensuring Due Process For U.S. Citizens Suspected Of Terrorism Abroad, Casey Fitzpatrick Jan 2012

Drone Strikes On Citizens: Ensuring Due Process For U.S. Citizens Suspected Of Terrorism Abroad, Casey Fitzpatrick

Journal of Law, Technology, & the Internet

No abstract provided.


Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague Jan 2012

Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague

Journal of Law, Technology, & the Internet

No abstract provided.


The Sound Of Silence: The Legality Of The American "Kill Switch" Bill, Deborah Beth Medows Jan 2012

The Sound Of Silence: The Legality Of The American "Kill Switch" Bill, Deborah Beth Medows

Journal of Law, Technology, & the Internet

No abstract provided.


Parol Metadata: New Biolerplate Merger Clauses And The Admissibility Of Metadata Under The Parol Evidence Rule, Thomas H. White Jan 2012

Parol Metadata: New Biolerplate Merger Clauses And The Admissibility Of Metadata Under The Parol Evidence Rule, Thomas H. White

Journal of Law, Technology, & the Internet

No abstract provided.


(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012), Svetlana Gitman Jan 2012

(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012), Svetlana Gitman

UIC Law Review

No abstract provided.


Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer Jan 2012

Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer

UIC Law Review

No abstract provided.


Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson Jan 2012

Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson

UIC Law Review

No abstract provided.


The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson Jan 2012

The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson

SMU Science and Technology Law Review

No abstract provided.


The Year In Video Game Law, W. Keith Robinson, Xuan-Thao Nguyen Jan 2012

The Year In Video Game Law, W. Keith Robinson, Xuan-Thao Nguyen

SMU Science and Technology Law Review

No abstract provided.


Welcoming Remarks, Joseph J. Norton Jan 2012

Welcoming Remarks, Joseph J. Norton

SMU Science and Technology Law Review

No abstract provided.


Eudemonic Intellectual Property: Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye Jan 2012

Eudemonic Intellectual Property: Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye

Vanderbilt Journal of Entertainment & Technology Law

The predominant justification for most intellectual property rights is the incentive theory or utilitarian rationale. Behind this justification lies the Western idea of progress and its derivatives: liberalism, capitalism, and consumerism. After having shown that the predominant justification for intellectual property rights is the incentive theory, which rests on the idea of progress, this Article traces back the history of the idea and shows its parochialism in both time and space. The Article next shows that the progress ideology rests on assumptions that are either wrong or impossible to prove and therefore propounds that it must be abandoned, or if …


Fda Enforcement Of Criminal Liability For Clinical Investigator Fraud, Vandya Swaminathan, Matthew Avery Jan 2012

Fda Enforcement Of Criminal Liability For Clinical Investigator Fraud, Vandya Swaminathan, Matthew Avery

UC Law Science and Technology Journal

Clinical investigator fraud is a very real problem, and falls squarely within FDA's mandate to protect the public health. The Eighth Circuit has held that under this mandate, FDA has the authority to impose affirmative duties to protect the public health by promulgating relevant regulations. FDA did promulgate such regulations, and the Eighth Circuit held that a failure to follow these regulations is a violation of section 355(i) of the FDCA. A violation of section 355(i) is considered a violation of section 331(e), and a violation of 331(e) can result in criminal sanctions under section 333(a). Thus, this tenuous chain …


Open Source And The Age Of Enforcement, Heather J. Meeker Jan 2012

Open Source And The Age Of Enforcement, Heather J. Meeker

UC Law Science and Technology Journal

The last five years have seen the first serious enforcement efforts by licensors of open source software, so we are truly at the dawning of the age of enforcement. But open source claims are not like other claims. Understanding the distinctions between open source software claims and other intellectual property claims is key to reacting to open source claims gracefully, effectively, and with a minimum of embarrassment and cost. This Article provides a survey of where we stand today and demonstrates how this area of law has developed. We will be soon nearing the point where catalogs of open source …


The Medicines Patent Pool: Promoting Access And Innovation For Life-Saving Medicines Through Voluntary Licenses, Krista L. Cox Jan 2012

The Medicines Patent Pool: Promoting Access And Innovation For Life-Saving Medicines Through Voluntary Licenses, Krista L. Cox

UC Law Science and Technology Journal

Monopolies over many life-saving drugs have led to high prices that remain out of reach for patients in the developing world, leading to a crisis of access over these essential medicines. High intellectual property barriers harm not only access to medicines, but can also impact future innovation. In order to address this problem, a proposal for a "patent pool" emerged that would rely on voluntary licenses by patent holders to enable the production of more affordable generic medicines. This article briefly describes the history of patent pools before focusing specifically on the UNITAID-supported Medicines Patent Pool. It analyzes the specific …