Law Commons^™

La Industria Del Libro 3.0 Y J.K. Rowling, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.

Rodolfo C. Rivas

The authors provide a brief overview of what could be called the 3.0 version of the book industry. Under the 3.0 book industry, the author’s role in exploiting their creations has to embrace new and creative business models, which may often come into conflict with publisher’s old business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others. ///////////////////////////////////////////////////////////////////////////////////////////////////// Los autores proporcionan una breve descripción de lo que podría llamarse la versión 3.0 de la industria del libro. En la industria del libro 3.0, …

Turning A New Leaf: A Privacy Analysis Of Carwings Electric Vehicle Data Collection And Transmission, Francesca Svarcas

Santa Clara High Technology Law Journal

No abstract provided.

Applying The Doctrine Of Work For Hire And Joint Works To Website Development, Han Sheng Beh

Touro Law Review

No abstract provided.

The Mosaic Theory Of The Fourth Amendment, Orin S. Kerr

Michigan Law Review

In the Supreme Court's recent decision on GPS surveillance, United States v. Jones, five justices authored or joined concurring opinions that applied a new approach to interpreting Fourth Amendment protection. Before Jones, Fourth Amendment decisions had always evaluated each step of an investigation individually. Jones introduced what we might call a "mosaic theory" of the Fourth Amendment, by which courts evaluate a collective sequence of government activity as an aggregated whole to consider whether the sequence amounts to a search. This Article considers the implications of a mosaic theory of the Fourth Amendment. It explores the choices and puzzles that …

Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus

Holly Doremus

This Article offers an alternative approach to ESA listing determinations which would better combine scientific credibility with democratic legitimacy. As background to the current problem, Part II explains the origins of the ESA's stringent strictly science mandate. Part III considers the nature and limits of scientific information and explains how the scientific process can identify the best available scientific information. Part IV evaluates the specific decisions required for ESA listings in light of the strictly science mandate, explaining why these decisions require input from beyond the realm of scientific information. Part IV goes on to demonstrate that the incompatibility of …

Changing Places: A New Role For Creators In The Digital World, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.

Rodolfo C. Rivas

The authors provide a brief overview of the author’s role in exploiting their creations and how new technologies have made authors and publishers explore new business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others./////////////////////////////////////////////////// Los autores proporcionan una breve descripción de la función del autor en la explotación de sus creaciones y cómo las nuevas tecnologías han obligado a los autores y editores explorar nuevos modelos de negocio. En el artículo, los autores echan un vistazo a los modelos de negocio innovadores …

Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.

Pepperdine Law Review

No abstract provided.

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.

Vaccines And The Law, Michael Sanzo Ph.D.

Pepperdine Law Review

The last twenty years have seen a sea-change in the area of proving causation in the toxic tort setting, with courts demanding stronger, scientifically tested evidence. At the same time, a closely related debate has been raging about separating cause from coincidence under the National Childhood Vaccine Injury Act compensation program for injuries that might have been the result of vaccinations. The Vaccine Act created a no-fault compensation fund financed by a tax on childhood vaccines to address harms resulting from those vaccines. Unfortunately, Congress gave little direction with regard to the level of causal certainty that would be required …

Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin

Pepperdine Law Review

No abstract provided.

Legal And Ethical Implications Of Employee Location Monitoring, Gundars Kaupins, Robert Minch

Gundars E. Kaupins

Location technologies allow employers to monitor the location of employees. The technologies range from global positioning systems able to determine outdoor locations worldwide to sensor networks able to determine locations within buildings. Few international laws and no American laws directly address location monitoring. International privacy laws, the Electronic Communications Privacy Act, the USA Patriot Act and other laws involving Internet and e-mail monitoring might provide the pattern for future location monitoring legislation. Ethical considerations such as privacy, accuracy, inconsistency, security, and reputation also may affect future legislation. In writing corporate policies governing location monitoring, the employer’s business interests may outweigh …

Scientific /Information Technology For Quality Enhancement In Rural Colleges, Sukdeo Ingale

Sukdeo Ingale

This paper is devoted to the quality enhancement of education imparted by colleges in rural parts of India. Traditionally educational institutes are one of the most trusted and respected organizations in society. It is because such institutions are directly involved in developing the future of the Nation. The rural colleges carry additional responsibilities. They needs not only to prepare their students for life in the local community; but also for the adjustment into more urban society, so that they are able to function effectively in both environments. In modern era, it plays vital role in the life of student of …

The Patent Remedy Dynamic [Georgetown-Stanford Conference], Colleen Chien

Faculty Publications

Panel discussion on the NPEs, patent damages, including review of expert testimony, the effect of RAND and other policies on standard-setting cases at the ITC and in district courts, and other patent remedy issues.

Democracia E Biotecnologia: Argumentos Para A Construção De Um Discurso Pautado Na Agência Humana Como Vetor Transformador Da Realidade, Carolina Altoé Velasco

Carolina Altoé Velasco

O artigo objetiva demonstrar que os processos biotecnológico e democrático têm em comum a interferência da agência humana como vetor transformador de suas realidades. Utiliza-se como marco teórico-metodológico as obras de Guillermo O’Donnell e Adela Cortina. Guillermo O’Donnell reconhece o impacto motivado pela tecnologia e globalização na sociedade e a agência humana como fomentadora do processo democrático. Já Adela Cortina considera a pessoa (contemplada por sujeito autônomo e solidário) a medida da democracia e esta como forma de vida. A eleição de Cortina para travar um diálogo com o pensamento de O’Donnell se dá em razão da abordagem feita a …

The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh

All Faculty Scholarship

Not all copying constitutes copyright infringement. Quite independent of fair use, copyright law requires that an act of copying be qualitatively and quantitatively significant enough or “substantially similar” for it to be actionable. Originating in the nineteenth century, and entirely the creation of courts, copyright’s requirement of “substantial similarity” has thus far received little attention as an independently meaningful normative dimension of the copyright entitlement. This Article offers a novel theory for copyright’s substantial-similarity requirement by placing it firmly at the center of the institution and its various goals and purposes. As a common-law-style device that mirrors the functioning of …

Implementación De Políticas Corporativas Sobre Internet Y Redes Sociales En México, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author analyzes and describes the necessary elements of a successful social media and Internet corporate policy; through citing common pitfalls and learning lessons from different jurisdictions across the world. The author then offers general guidelines on policies for Mexican enterprises under Mexican legislation.///////////////////////////////////////////////////////////////////////////////////////El autor analiza y describe los elementos necesarios de una política corporativa sobre internet y redes sociales exitosa, citando los errores más comunes y aprendiendo lecciones de las legislaciones de distintos países.

Effective Keyword Selection Requires A Mastery Of Storage Technology And The Law, Daniel B. Garrie

Pace Law Review

Selecting keywords for searching large volumes of electronically stored information (“ESI”) is an unavoidable, but necessary step in the process of electronic discovery. The parties to a case, or the court, may choose the terms for the search. However, an efficient alternative to both options involves a mediator, neutral, or special master with a thorough understanding of the legal elements of the case and the technology systems that will be subject to keyword search. This alternative can benefit both parties, as well as the court, because a “technology-aware” mediator can expedite an agreement that allows both parties to maintain oversight …

The America Invents Act May Be Constitutionally Infirm If It Repeals The Bar Against Patenting After Secret Commercial Use, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.

Family Law—Egg Donation And Stem Cell Research—Eggs For Sale: The Scrambled State Of Legislation In The Human Egg Market, Kitty L. Cone

University of Arkansas at Little Rock Law Review

Rapid expansion of technology in medicine over the last few decades has both enhanced our lives and complicated our laws. For example, thanks to advances in science and medicine, couples who were previously unable to reproduce are now able to do so with the help of donors, medical personnel, and a host of other middlemen facilitating the process. The growth of medical technology has also lead to the advent of using human eggs for medical research. However, despite competing for eggs from a small pool of willing donors, there is a disparity in the law between the treatment of human …

Enhancing Public Access To Online Rulemaking Information, Cary Coglianese

All Faculty Scholarship

One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available …

Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying

IP Theory

No abstract provided.

Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing, Mani Potnuru

Michigan Law Review

Adoption of Wi-Fi wireless technology continues to see explosive growth. However many users still operate their home Wi-Fi networks in unsecured mode or use publicly available unsecured Wi-Fi networks, thus exposing their communications to the dangers of "packet sniffing," a technique used for eavesdropping on a network. Some have argued that communications over unsecured Wi-Fi networks are "readily accessible to the general public" and that such communications are therefore excluded from the broad protections of the Federal Wiretap Act against intentional interception of electronic communications. This Note examines the Federal Wiretap Act and argues that the current Act's treatment of …

Printing The Impossible Triangle: The Copyright Implications Of Three-Dimensional Printing, Brian Rideout

The Journal of Business, Entrepreneurship & the Law

Three-dimensional printing (3D printing), which allows users to digitize and replicate objects, is emerging as the next potentially disruptive technology. It is now possible to “print” intricate objects from furniture to food to human organs. Because 3D printing relies on computer-based blueprints in order to create physical objects, digital copyright infringement can now impact the physical world. The first example occurred in February 2011, when the world's first Digital Millennium Copyright Act (DMCA) takedown notice for a 3D printed object was sent. This article describes how 3D printing works in relation to copyright law, first by discussing this DMCA takedown …

Slides: What Laundry Can Teach Us: Five Principles For New Business Models, Teju Ravilochan

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Teju Ravilochan, CEO, The Unreasonable Institute

17 slides

Agenda: 2012 Energy Justice Conference And Technology Exposition, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. Colorado European Union Center Of Excellence, University Of Colorado Boulder. Presidents Leadership Institute

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Co-sponsored with the Colorado European Union Center of Excellence and the Presidents Leadership Institute at the University of Colorado Boulder.

The ability to harness energy is fundamental to economic and social development. Worldwide, almost 3 billion people have little or no access to beneficial energy resources for cooking, heating, water sanitation, illumination, transportation, or basic mechanical needs. Energy poverty exacerbates ill health and economic hardship, and reduces educational opportunities, particularly for women and children. Specifically, access to efficient and affordable energy services is a prerequisite for achieving the Millennium Development Goal (MDG) relating to poverty eradication.

In response, the UN …

Slides: Multi-Dimensional Energy Poverty Index (Mepi), Morgan Bazilian

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Dr. Morgan Bazilian, Deputy Director, Joint Institute for Strategic Energy Analysis (JISEA), National Renewable Energy Laboratory (NREL)

8 slides

Slides: Sources Of Electrical Energy For Those Who Are Remote And Poor, Frank Barnes

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Dr. Frank Barnes, Distinguished Professor, Electrical, Computer, and Energy Engineering, University of Colorado

24 slides

Slides: Envirofit: Making The World Fit For Humanity, Jessica Alderman

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Jessica Alderman, Director, ENVIROFIT

15 slides

Slides: Draft Power In Developing Country Agriculture--South Asia, Arjun Makhijani

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Dr. Arjun Makhijani, President, Institute for Energy and Environmental Research (IEER)

13 slides