Law Commons^™

The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze

Maryna Koberidze

Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard Lempert, Shari Diamond, Valerie Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz

Robert MacCoun

This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summaries a substantial body of research evidence about jury behavior that has been produced over the past quarter century. The great weight of that evidence challenges the view that jurors abdicate their responsibilities as fact finders when faced with expert evidence or that they are pro-plaintiff, anti-defendant, and anti-business.

The Petitioners and amici on behalf of petitioners make a number of overlapping, but empirically unsupported, assertions about jury behavior in response to expert testimony, namely that juries are frequently incapable of critically evaluation …

The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown

David C. Brown

12 pages.

The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz

Mark E. Budnitz

No abstract provided.

The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz

Mark E. Budnitz

No abstract provided.

Jury 2.0, Caren Morrison

Caren Myers Morrison

When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right to a speedy and public trial by an “impartial jury,” it is unlikely that they imagined the members of that impartial jury becoming Facebook friends during deliberations, or Googling the defendant’s name during trial. But in the past few years, such cases have increasingly been making headlines. The impact of the Internet on the functioning of the jury has generated a lot of press, but has not yet attracted scholarly attention. This article seeks to focus legal discourse on this …

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry H. Perritt Jr.

Henry H. Perritt, Jr.

Regulatory Competitive Shelters In The Area Of Personalized Medicine, Yaniv Heled

Yaniv Heled

No abstract provided.

Response To "Pervasive Sequence Patents Cover The Entire Human Genome", Shine Tu, Christopher M. Holman, Adam Mossoff, Ted M. Sichelman, Michael Risch, Jorge L. Contreras, Yaniv Heled, Gregory Dolin, Lee Petherbridge

Yaniv Heled

In a widely reported article by Jeffrey Rosenfeld and Christopher Mason published in Genome Medicine, significant misstatements were made, because the authors did not sufficiently review the claims – which define the legal scope of a patent – in the patents they analyzed. Specifically, the authors do not provide an adequate basis for their assertion that 41% of the genes in the human genome have been claimed.

Avoiding Ethical Problems In Social Media, Nicole G. Iannarone

Nicole G. Iannarone

No abstract provided.

The First Amendment And The Rpas, Caren M. Morrison

Caren Myers Morrison

No abstract provided.

Experts, Statistics, Science & Bad Science, Curtis E.A. Karnow

Curtis E.A. Karnow

Articles, books, and other online resources relating to expert testimony with a specific focus on problems with peer review, bad science, and statistics

International Governance Issues, David Wirth

David A. Wirth

Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg

Alberto Bernabe

No abstract provided.

Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead

O. Carter Snead

The debate over both cloning and stem cell research has been intense and polarizing. It played a significant role in the recently completed presidential campaign, mentioned by both candidates on the stump, at both parties' conventions, and was even taken up directly during one of the presidential debates. The topic has been discussed and debated almost continuously by the members of the legal, scientific, medical, and public policy commentariat. I believe that it is a heartening tribute to our national polity that such a complex moral, ethical, and scientific issue has become a central focus of our political discourse. But, …

Managing Technology: Social Science Perspectives, Liora Salter

R. L. Liora Salter

No abstract provided.

Intended Parents And The Problem Of Perspective, Dara Purvis

Dara Purvis

When asked to identify the legal parents of a child, traditional family law principles look backwards in time, primarily to biology and to marriage. People using assisted reproductive technologies such as surrogacy, however, seek to manifest their intent to become parents with a forward-looking temporal perspective, before a child is conceived and born. Of the existing doctrines used to identify parentage – marital presumption, biology, functional theories, and intent – only intent facilitates a forward-looking perspective. Intent through time, however, is not treated consistently. A woman, for example, may donate an egg, and may place a baby up for adoption, …

Unpacking The International Law On Cybersecurity Due Diligence: Lessons From The Public And Private Sectors, Scott J. Shackelford

Scott Shackelford

Although there has been a relative abundance of work done on exploring the contours of the law of cyber war, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ due diligence obligations are to one another and to their respective private sectors. The International Court of Justice (“ICJ”) has not yet explicitly considered this topic, though it has ruled in the Corfu Channel case that one country’s territory should not be “used for acts that unlawfully harm other States.” But …

The Greening Of Canadian Cyber Laws: What Environmental Law Can Teach And Cyber Law Can Learn, Sara Smyth

Sara Smyth

This article examines whether Canadian environmental law and policy could serve as a model for cyber crime regulation. A wide variety of offences are now committed through digital technologies, including thievery, identity theft, fraud, the misdirection of communications, intellectual property theft, espionage, system disruption, the destruction of data, money laundering, hacktivism, and terrorism, among others. The focus of this Article is on the problem of data security breaches, which target businesses and consumers. Following the Introduction, Part I provides an overview of the parallels that can be drawn between threats in the natural environment and on the Internet. Both disciplines …

E-Commerce, Cyber, And Electronic Payment System Risks: Lessons From Paypal, Lawrence J. Trautman

Lawrence J. Trautman Sr.

By now, almost without exception, every business has an internet presence, and is likely engaged in e-commerce. What are the major risks perceived by those engaged in e-commerce and electronic payment systems? What potential risks, if they become reality, may cause substantial increases in operating costs or threaten the very survival of the enterprise? This article utilizes the relevant annual report disclosures from eBay (parent of PayPal), along with other eBay and PayPal documents, as a potentially powerful teaching device. Most of the descriptive language to follow is excerpted directly from eBay’s regulatory filings. My additions include weaving these materials …

On The Centrality Of Information Law: A Rational Choice Discussion Of Information Law And Transparency, 17 J. Marshall J. Computer & Info. L. 1069 (1999), William B.T. Mock

William B.T. Mock

The purpose of this Article is to establish the importance of information law and to encourage its further study. By applying information technology theory, economic theory and, and political theory insights, the Article examines the centrality of information law in open societies. Information law rests upon two premises. The first of which is that information is a legally cognizable concept- that it can be framed in legal terms and has legal significance. The second premise is that there exists a rationale for government regulation and provision of information, either explicitly or implicitly. Transparency is a flexible concept used in a …

Copyright & Privacy - Through The Wide-Angle Lens, 4 J. Marshall Rev. Intell. Prop. L. 285 (2005), William W. Fisher Iii, Howard P. Knopf, Fred Von Lohmann, William B.T. Mock, Marybeth Peters, R. Anthony Reese

William B.T. Mock

Some have proposed “alternative compensation schemes” as a means of compensating copyright owners and creators for P2P activity while avoiding litigation. Some have proposed a streamlined dispute resolution system that would allow for enforcement in a manner analogous to the UDRP model. Others question whether private copying should necessarily be viewed as illegal and whether any alternative compensation scheme is viable. With all of these proposals, the question remains as to whether “alternative compensation” is really alternative.

Developing An International Carbon Tax Regime, Steven Specht

Steven Specht

As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …

Visualizing Dna Proof, Nicholas L. Georgakopoulos

Nicholas L Georgakopoulos

DNA proof inherently involves the use of probability theory, which is often counterintuitive. Visual depictions of probability theory, however, can clarify the analysis and make it tractable. A DNA hit from a large database is a notoriously difficult probabi­li­ty theory issue, yet the visuals should enable courts and juries to handle it. The Puckett facts are an example of a general approach: A search in a large DNA database produces a hit for a cold crime from 1972 San Francisco. Probability theory allows us to process the probabilities that someone else in the database, someone not in the database, or …

The Privacy Dilemma In Digital Arrestee Mug Shots Under The Foia 7(C) And State And Local Policy Recommendations, Ahad Syed

Ahad Syed

This Article examines the purpose and interpretation by courts of Freedom of Information Act’s 7(C) Exemption. Specifically, the Article sets out to unravel the current federal circuit court split over Exemption 7(C) by examining its application to the digital privacy dilemma as applied to arrestee photographs, commonly known as “mug shots.” Automated data-scraping programs continuously scour the internet, reaping, replicating, and reposting photographs of arrestees who may or may not have had charges dismissed in order to shame them into paying website owners for removal. While other commentators have argued for state law penalizing pay-to-remove mug shot websites only, this …

The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser

Harvey L. Fiser

No abstract provided.

The Final Impression Counts - Seeking Common Ground In Design Patent Infringement, Dana Beldiman, Paolo Beconcini

Dana Beldiman

THE FINAL IMPRESSION COUNTS – Seeking Common Ground in Design Patent Infringement

Dana Beldiman*and Paolo Beconcini

Abstract

The visual appearance of products has become an asset of considerable economic value. Litigation surrounding it is increasingly common and has focused IP law on certain tensions that relate to the visual nature of IP assets.

One such area is design patent infringement. Policy mandates that comparison of two similar designs for purposes of evaluating infringement be performed by a notional purchaser, based on the overall impression of a design as whole. However, in performing the analysis courts are tempted to …

Finding The Adequate Legal Framework For The Deployment Of Ocean Renewable Energy Through Area-Based Management, Xiao Recio-Blanco

Xiao Recio-Blanco

The world runs on electricity, but its global distribution is uneven and incomplete. The lack of access to electricity denies some people the most basic benefits, from healthcare and sanitation to security and economic development.

To increase access to electricity, most developing nations have relied on traditional sources of energy, namely fossil fuels, and the extension of a central electrical grid. Scholars and specialized International Organizations suggest that the implementation of renewable energy technologies through small-to-mid scale grid projects could be a reliable alternative. However, renewable energy technologies must overcome three formidable hurdles: low reliability, uneven availability, and the high …

The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla

Rod Smolla

Not available.

Copyright & Privacy - Through The Privacy Lens, 4 J. Marshall Rev. Intell. Prop. L. 273 (2005), Julie E. Cohen, David E. Sorkin, Peter P. Swire

David E. Sorkin

What legal tools do privacy advocates have available to defend an individual’s right to privacy? How far does this right go? How should these rights be defended—or if necessary—curtailed? What is the role of Government, of the practicing bar and of academics?