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Articles 1 - 30 of 58
Full-Text Articles in Law
Application Of The Ada To Websites: Congress Should Rely On The Standards Created By The World Wide Consortium, Mara'd A. Smith
Application Of The Ada To Websites: Congress Should Rely On The Standards Created By The World Wide Consortium, Mara'd A. Smith
Mara'D Smith
Congress created the Americans with Disabilities Act (ADA) in 1990 to assure equality of opportunity and independent living to those with physical or mental abilities. Although the roots of the Internet were growing rapidly when Congress passed the ADA, the World Wide Web did not become popular until the mid 1990s. Congress has not yet updated the ADA to clearly cover websites, and the current regulations that ensure access for disabled persons to physical locations do not clearly apply to websites. This paper argues that Congress should rely on the World Wide Web Consortium standards when revising the ADA to …
Investigating Impacts Of Legal Practice Management System On The Employee Productivity Of The Small Thai Law Firm, Onanong Pilun-Owad
Investigating Impacts Of Legal Practice Management System On The Employee Productivity Of The Small Thai Law Firm, Onanong Pilun-Owad
Onanong Pilun-owad
This paper focuses on the study and investigation of the impacts in the implementation of a software package to support the operation and management of legal practice, which is referred to as the Legal Practice Management System (LPMS), on employee productivity. This implementation is considered the Information Technology-enabled business process and organization change of a small law firm in Thailand. The focal organization is a law firm in Thailand employing thirty-two people, which has been facing various business challenges from both internal and external factors; for example, increasing clients’ expectations, local and foreign competitors, poor financial performance, slow responses to …
The Problem Of Internalization Of Social Costs And The Ideas Of Ronal Coase, Enrico Baffi
The Problem Of Internalization Of Social Costs And The Ideas Of Ronal Coase, Enrico Baffi
enrico baffi
This work examines the influence of Coasian thought on the analysis of externalities as used by economists and legal economists. Ronald Coase, a Chicago scholar, advanced a series of criticisms of the Pigovian tax system; the theorem that bears his name is merely the best known. In his 1960 work, he sought to demonstrate that the internationalization of social costs was not always socially useful andd sometimes impossible. In addition, he identified other institutional solutions to which systems can - and often do - resort. One of these solutions is to simply authorize the harmful activity without introducing mechanisms to …
Keeping Secrets: An Alternative To The Economic Penalty Enhancement Act, Brittani N. Baldwin
Keeping Secrets: An Alternative To The Economic Penalty Enhancement Act, Brittani N. Baldwin
Brittani N. Baldwin
No abstract provided.
Law Practice Technology: A Law School Course?, Charles H. Oates
Law Practice Technology: A Law School Course?, Charles H. Oates
Charles H Oates
Technology is transforming the practice of law, but law schools are being left behind. Until relatively recently and only to a very limited extent, law school curricula have not reflected the revolutionary changes in the ways that technology is altering the practice of law. Today’s law students, unlike their predecessors, are comfortable with technology, but anxious about entering a severely competitive profession. For most lawyers, economic survival will depend upon their ability to utilize technology to maximize efficiencies and comply with court-mandated applications of technology. With the pervasiveness of technology in all areas of law practice today, a course in …
Managing Content In Virtual Environments: From Music To Machinima, Tamiko R. Franklin
Managing Content In Virtual Environments: From Music To Machinima, Tamiko R. Franklin
Tamiko R Franklin
Developing an effective rights management strategy in virtual environments requires a close review of current case law especially with respect to ongoing clarifications of mentioned statutory provisions under copyright laws. It is also helpful to be aware of the peculiarities that involve copyright protected content created for use in virtual spaces such as issues involving publication and making available across multiple jurisdictions. There are differences in international systems of protection that affect the intellectual property rights in content; particularly so if the content in question is a work of visual art like a photograph or digital representation of a painting, …
Direct And Enhanced Disclosure Of Researcher Financial Conflicts, Roy G. Spece Jr.
Direct And Enhanced Disclosure Of Researcher Financial Conflicts, Roy G. Spece Jr.
Roy G Spece Jr.
Abstract of DIRECT AND ENHANCED DISCLOSURE OF RESEARCHER FINANCIAL CONFLICTS OF INTEREST: THE ROLE OF TRUST In earlier writing I recommended direct disclosure of a major researcher financial conflict of interest, per capita funding—i.e., providing a fixed sum per subject recruited and enrolled in a study. This article adds a recommendation for enhanced direct disclosure. The enhancement in the disclosure is a summary of why per capita and excess payments are being discussed. The reason they are being discussed is because of their risk of introducing bias into researchers’ decisions regarding study design, implementation, and interpretation as well as concerning …
Beyond Einstein And Edison: Claiming Space For Non-Faculty Inventors In Technology Transfer, Jennifer Carter-Johnson
Beyond Einstein And Edison: Claiming Space For Non-Faculty Inventors In Technology Transfer, Jennifer Carter-Johnson
Jennifer Carter-Johnson
The Bayh-Dole Act, often credited with the explosion of university technology transfer, requires universities to incentivize invention disclosure by sharing the royalties generated by licensing. Many scholars have debated the effectiveness of university implementation of this requirement, and indeed, the low rate of disclosure of inventions by academic researchers to the university is often a bottleneck in technology transfer process. Unfortunately, most discussions focusing on inventor compliance with Bayh-Dole requirements have explored faculty-inventor motivations. Similarly, many university intellectual property (IP) policies are drafted specifically toward incentivizing faculty-inventors to comply with invention disclosure requirements. However, in most cases, university inventions are …
Patenting Isolated Human Enhancer Elements And The Utility Requirement Problem, William B. Mcconnell
Patenting Isolated Human Enhancer Elements And The Utility Requirement Problem, William B. Mcconnell
William B. McConnell
No abstract provided.
Mistake-Proofing Medicine: Legal Considerations And Healthcare Quality Implications, Arlen W. Langvardt
Mistake-Proofing Medicine: Legal Considerations And Healthcare Quality Implications, Arlen W. Langvardt
Arlen W Langvardt
MISTAKE-PROOFING MEDICINE: LEGAL CONSIDERATIONS
AND HEALTHCARE QUALITY IMPLICATIONS
Authors: John R. Grout, John W. Hill, Arlen W. Langvardt (corresponding author).
Abstract
In 1999, the Institute of Medicine estimated that approximately 98,000 deaths resulted annually from medical errors. This shocking number does not appear to have lessened during the intervening years. Although mistake-proofing techniques similar to those that have proven useful in the product liability context hold great promise for reducing the number of medical errors, the adoption of such techniques in healthcare settings has not occurred to the extent it should have.
This article examines potentially useful mistake-proofing techniques, explores …
It's About Time: Privacy, Information Life Cycles, And The Right To Be Forgotten, Meg Leta Ambrose
It's About Time: Privacy, Information Life Cycles, And The Right To Be Forgotten, Meg Leta Ambrose
Meg Leta Ambrose
The current consensus is that information, once online, is there forever. Content permanence has led many European countries, the European Union, and even the United States to establish a right to be forgotten to protect citizens from the shackles of the past presented by the Internet. But, the Internet has not defeated time, and information, like everything, gets old, decays, and dies, even online. Quite the opposite of permanent, the Web cannot be self-preserving. One study from the field of content persistence, a body of research that has been almost wholly overlooked by legal scholars, found that 85% of content …
Search, Essential Facilities, And The Antitrust Duty To Deal, Marina Lao
Search, Essential Facilities, And The Antitrust Duty To Deal, Marina Lao
Marina Lao
The core of the gathering antitrust case against Google seems to be that it favors its own or its affiliates’ content over that of its competitors in ancillary markets in the unpaid search results. Seeking the competitive advantages inherent in integration, which is what preferential treatment of one’s own property is about, is usually not unlawful. This paper examines whether “essential facilities” and the duty-to-deal nonetheless provide a basis for prohibiting this practice, as some have suggested, and concludes that they do not.
On the threshold monopoly power issue, most assume, based on Google’s high percentage of general search queries, …
Employee And Inventor Witnesses In Patent Trials: The Blurry Line Between Expert And Lay Testimony, Alex Reese
Employee And Inventor Witnesses In Patent Trials: The Blurry Line Between Expert And Lay Testimony, Alex Reese
Alex Reese
Parties in patent lawsuits that are going to trial face a crucial choice: who is the best witness to explain the often complex or scientific technology behind an invention or an accused product? Often, the parties will select an employee witness such as an engineer, scientist, or a named inventor of the patent-in-suit to offer this key testimony rather than a hired expert. Many litigants have found that there are benefits to choosing an employee witness who can testify based on first-hand experience with the technology in question rather than a hired expert, who must prepare an expert report and …
Patent Infringement In The Context Of Follow-On Biologics, Janet Freilich
Patent Infringement In The Context Of Follow-On Biologics, Janet Freilich
Janet Freilich
This article fills a gap in the literature by conducting a comprehensive analysis of patent infringement in the context of follow-on biologics. Patent infringement is an important topic because, like small molecule generic drugs, follow-on biologics are likely to begin their life facing infringement suits. Because it is tremendously expensive to develop a follow-on biologic, it is vital that there be consistency in how they are treated in the courts once the inevitable patent infringement suits arrive. If follow-on biologics companies cannot predict how their product will be received in court, they may decide it is not worth the risk …
Contextual Expectations Of Privacy, Andrew Selbst
Contextual Expectations Of Privacy, Andrew Selbst
Andrew Selbst
Fourth Amendment search jurisprudence is nominally based on a “reasonable expectation of privacy,” but actual doctrine is detached from society’s conception of privacy. Courts rely on various binary distinctions: Is a piece of information secret or not? Was the observed conduct inside or outside? While often convenient, none of these binary distinctions can adequately capture the complicated range of ideas encompassed by “privacy.” Over the last decade, privacy theorists have begun to understand that a consideration of context is essential to a full understanding of privacy. Helen Nissenbaum’s theory of contextual integrity, which characterizes a right to privacy as the …
The Paradox Of Legal Equivalents And Scientific Equivalence: Reconciling Patent Law’S Doctrine Of Equivalents With The Fda’S Bioequivalence Requirement, Janet Freilich
Janet Freilich
Contrary to popular perception, generic drugs often enter the market before the patents covering their brand-name counterparts have expired by making slight changes the drug to avoid the brand-name patent. These generics face a paradox: the FDA requires that the generic “not show a significant difference” from the reference product while patent law requires that the generic have “substantial differences” as compared to the reference product. The generic must be bioequivalent but not legally equivalent to the brand-name drug. This paradox occurs frequently in the courts but has never been discussed in the literature. This article analyzes every case involving …
Forging Towards Coexistence, Laurie J. Beyranevand
Forging Towards Coexistence, Laurie J. Beyranevand
Laurie J Beyranevand
Abstract: For better or worse, the United States has demonstrated a long history of support for agricultural biotechnology. Justified as necessary to meet the growing demands of our nation’s food demand, federal policies addressing genetic engineering have attempted to balance of set of competing interests to ensure health and safety while also encouraging further innovation and development of technology. The unfortunate effects of these policies are suffered disproportionately by organic and non-GE farmers, as there has been little consideration of how the products of genetic engineering impact this sector. In the midst of regulating biotechnology, the federal government has lost …
Rationalizing Risks To Cultural Loss In Resource Development, Sari M. Graben
Rationalizing Risks To Cultural Loss In Resource Development, Sari M. Graben
Sari M Graben
Abstract In this article, I consider the implications of culture for valuation of cultural loss in cost benefit analysis. I argue that rational choice models have a difficult time quantifying cultural values because they have yet to grapple with the way experts tasked with cost benefit analysis translate knowledge about cultural worldviews for the purposes of comparison. This translation can alter the valuation of the risk so as to undermine the representation of a loss, rather than identify it. However, instead of rejecting the consideration of cultural loss in cost-benefit analysis outright, I build on dialogical approaches to governance that …
Search, Essential Facilities, And The Antitrust Duty To Deal, Marina Lao
Search, Essential Facilities, And The Antitrust Duty To Deal, Marina Lao
Marina Lao
The core of the gathering antitrust case against Google seems to be that it favors its own or its affiliates’ content over that of its competitors in ancillary markets in the unpaid search results. Seeking the competitive advantages inherent in integration, which is what preferential treatment of one’s own property is about, is usually not unlawful. This paper examines whether “essential facilities” and the duty-to-deal nonetheless provide a basis for prohibiting this practice, as some have suggested, and concludes that they do not.
On the threshold monopoly power issue, most assume, based on Google’s high percentage of general search queries, …
Search, Essential Facilities, And The Antitrust Duty To Deal, Marina Lao
Search, Essential Facilities, And The Antitrust Duty To Deal, Marina Lao
Marina Lao
The core of the gathering antitrust case against Google seems to be that it favors its own or its affiliates’ content over that of its competitors in ancillary markets in the unpaid search results. Seeking the competitive advantages inherent in integration, which is what preferential treatment of one’s own property is about, is usually not unlawful. This paper examines whether “essential facilities” and the duty-to-deal nonetheless provide a basis for prohibiting this practice, as some have suggested, and concludes that they do not.
On the threshold monopoly power issue, most assume, based on Google’s high percentage of general search queries, …
Will Fda Data Exclusivity Make Biologic Patents Passé?, Vincent J. Roth Esq
Will Fda Data Exclusivity Make Biologic Patents Passé?, Vincent J. Roth Esq
Vincent J Roth Esq
Much controversy has ensued over the current 12 year data exclusivity period afforded biosimilars pursuant to the Biologics Price Competition and Innovation Act of 2009 (the “BPCI”) that was recently enacted in March 2010, as part of President Obama’s Patient Protection and Affordable Care Act (the “PPACA”), to create a biosimilar market in the US. In fact, the BPCI, itself, has been controversial and just barely survived judicial scrutiny when the US Supreme Court upheld the PPACA on June 28, 2012 in a 5-4 vote. Many commentators speculate whether data exclusivity will overtake patents as the preferred method of intellectual …
Will Fda Data Exclusivity Make Biologic Patents Passé?, Vincent J. Roth Esq
Will Fda Data Exclusivity Make Biologic Patents Passé?, Vincent J. Roth Esq
Vincent J Roth Esq
Much controversy has ensued over the current 12 year data exclusivity period afforded biosimilars pursuant to the Biologics Price Competition and Innovation Act of 2009 (the “BPCI”) that was recently enacted in March 2010, as part of President Obama’s Patient Protection and Affordable Care Act (the “PPACA”), to create a biosimilar market in the US. In fact, the BPCI, itself, has been controversial and just barely survived judicial scrutiny when the US Supreme Court upheld the PPACA on June 28, 2012 in a 5-4 vote. Many commentators speculate whether data exclusivity will overtake patents as the preferred method of intellectual …
Beyond Patents: The Supreme Court’S Evolving Relationship With The Federal Circuit, Daniel Kazhdan
Beyond Patents: The Supreme Court’S Evolving Relationship With The Federal Circuit, Daniel Kazhdan
Daniel Kazhdan
Federal Circuit scholars have begun to notice a shift in the way the Supreme Court interacts with the Federal Circuit when it comes to patent questions. Scholars point to the fact that in recent years the Supreme Court reviews the Federal Circuit more frequently and more harshly. The Court also criticizes the Federal Circuit for being too formalistic and too eager to expand its jurisdiction. What scholars have failed to note is that these trends are occurring across the entirety of the Federal Circuit’s decisions, and not just with regards to patent questions. This suggests that there is something about …
Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan
Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan
Daniel Kazhdan
Federal Circuit scholars have begun to notice a shift in the way the Supreme Court interacts with the Federal Circuit when it comes to patent questions. Scholars point to the fact that in recent years the Supreme Court reviews the Federal Circuit more frequently and more harshly. The Court also criticizes the Federal Circuit for being too formalistic and too eager to expand its jurisdiction. What scholars have failed to note is that these trends are occurring across the entirety of the Federal Circuit’s decisions, and not just with regards to patent questions. This suggests that there is something about …
Uncertainty As Enforcement Mechanism: The New Expansion Of Secondary Copyright Liability To Internet Platforms, John Blevins
Uncertainty As Enforcement Mechanism: The New Expansion Of Secondary Copyright Liability To Internet Platforms, John Blevins
John F. Blevins
This article examines the role that legal uncertainty plays as a copyright enforcement mechanism against Internet platforms. In recent years, Internet platforms have faced a new wave of copyright enforcement actions arising from their users’ activity. These actions include both civil secondary liability claims and public enforcement actions such as domain name seizures and criminal prosecution. Critically, copyright owners and the government do not necessarily need to prevail in these actions. Instead, the proceedings can be effective so long as they impose sufficient costs upon Internet platforms. In this respect, prevailing is less important than obtaining statutory and doctrinal constructions …
Vertical Boilerplate, James Gibson
Vertical Boilerplate, James Gibson
James Gibson
Despite what we learn in law school about the “meeting of the minds,” most contracts are merely boilerplate -- take-it-or-leave-it propositions. Negotiation is nonexistent; we rely on our collective market power as consumers to regulate contracts’ content. But boilerplate imposes certain information costs, because it often arrives late in the transaction and is hard to understand. If those costs get too high, then the market mechanism fails. So how high are boilerplate’s information costs? A few studies have attempted to measure them, but they all use a “horizontal” approach -- i.e., they sample a single stratum of boilerplate and assume …
Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan
Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan
Daniel Kazhdan
Federal Circuit scholars have begun to notice a shift in the way the Supreme Court interacts with the Federal Circuit when it comes to patent questions. Scholars point to the fact that in recent years the Supreme Court reviews the Federal Circuit more frequently and more harshly. The Court also criticizes the Federal Circuit for being too formalistic and too eager to expand its jurisdiction. What scholars have failed to note is that these trends are occurring across the entirety of the Federal Circuit’s decisions, and not just with regards to patent questions. This suggests that there is something about …
Intellectual Property And Agriculture: The Brazilian Case On Soybeans And Monsanto, Marcelo D. Varella
Intellectual Property And Agriculture: The Brazilian Case On Soybeans And Monsanto, Marcelo D. Varella
Marcelo D. Varella
This article analyzes different strategies of an agricultural company (Monsanto) to enforce intellectual property rights on soybeans in Brazil, during the last ten years. A court decision in April 2011 condemned Monsanto to pay up to 7.5 billion dollars in compensations. This is probably one of the most important cases on discussion on IPR and Agriculture today. On the one hand, there is complex company strategy to create intellectual property rights through patents, plant variety protections, import market controls, and thousands of agreements and extensions of those rights through different lawsuits. The strategy was complemented by the acquisition of major …
Admissibility Of Dna Evidence: Italy Under Attack, Adina Rosenfeld
Admissibility Of Dna Evidence: Italy Under Attack, Adina Rosenfeld
Adina Rosenfeld
The purpose of this paper is to compare the differences and similarities in the evidentiary rules for DNA in Italy and in the United States in the light of their two different legal traditions. This note will compare American and Italian rules of evidence and procedure for the admissibility of DNA in criminal trials and analyze the most relevant differences between the two systems. Based on this comparison, the note will argue that Amanda Knox would not have been convicted of murdering her roommate in American lower court because the DNA evidence would not have been admissible. In Italy, Knox …
The Large Immortal Machine And The Ticking Time Bomb, Susan Landau
The Large Immortal Machine And The Ticking Time Bomb, Susan Landau
Susan Landau
In 1994 Congress passed the Communications Assistance for Law Enforcement Act (CALEA). In many ways a rather extraordinary law, CALEA puts the government in charge of determining interception standards for telephone switches. Under CALEA, switches in use were to be retrofitted to accommodate the new requirement. That there were long-term consequences of building backdoors into long-lived electronic switching equipment were essentially ignored. That lapse is increasingly problematic. The possibility that security threats would develop against the telecommunications infrastructure itself does not appear to have been discussed during CALEA’s passage. The seriousness of the security lapse has become apparent with During …