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Articles 1 - 30 of 44
Full-Text Articles in Law
"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg
"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg
Maine Law Review
The recent coincidence of new technology and new legislation in the United States may have enhanced the ability of U.S. copyright owners to wield electronic protective measures to control the exploitation of their works. The legislation, which reinforces the technology, has led many to perceive and to deplore a resulting imbalance between copyright owners and the copyright-using public. Critics assert that the goals of copyright law have never been, and should not now become, to grant “control” over works of authorship. Instead, copyright should accord certain limited rights over some kinds of exploitations. Economic incentives to create may be needed …
Artificial Intelligence: Application Today And Implications Tomorrow, Sean Semmler, Zeeve Rose
Artificial Intelligence: Application Today And Implications Tomorrow, Sean Semmler, Zeeve Rose
Duke Law & Technology Review
This paper analyzes the applications of artificial intelligence to the legal industry, specifically in the fields of legal research and contract drafting. First, it will look at the implications of artificial intelligence (A.I.) for the current practice of law. Second, it will delve into the future implications of A.I. on law firms and the possible regulatory challenges that come with A.I. The proliferation of A.I. in the legal sphere will give laymen (clients) access to the information and services traditionally provided exclusively by attorneys. With an increase in access to these services will come a change in the role that …
The Rise And Fall Of Brick And Mortar Retail: The Impact Of Emerging Technologies And Executive Choices On Business Failure, Nikaela Jacko Redd, Lutisha S. Vickerie
The Rise And Fall Of Brick And Mortar Retail: The Impact Of Emerging Technologies And Executive Choices On Business Failure, Nikaela Jacko Redd, Lutisha S. Vickerie
Journal of International Business and Law
This paper examines business decline in relation to department stores and recent technological shifts in retail. Our perspective describes how management's failure to properly utilize technology and the resulting decline of international brick and mortar department stores was significantly influenced by emotional posturing disguised as strategic choices. To track the changes in the retail landscape based on new technological business models, we chronicle the shift from department store culture to online e-commerce by exploring a primary case, JCPenney, and the following exemplary cases: Macy's, H&M, Amazon, and Walmart. We also conduct a systematic research synthesis on a small sample of …
From The Dean, Joseph Harroz Jr.
Ou Law Center For Technology And Innovation In Practice: Continuing The Commitment To Innovation, Melissa Caperton, Jonella Frank
Ou Law Center For Technology And Innovation In Practice: Continuing The Commitment To Innovation, Melissa Caperton, Jonella Frank
Sooner Lawyer Archive
No abstract provided.
Collection Of Cryptocurrency Customer-Information: Tax Enforcement Mechanism Or Invasion Of Privacy?, Austin Elliott
Collection Of Cryptocurrency Customer-Information: Tax Enforcement Mechanism Or Invasion Of Privacy?, Austin Elliott
Duke Law & Technology Review
After granting permission to the Internal Revenue Service to serve a digital exchange company a summons for user information, the Federal District Court for the Northern District of California created some uncertainty regarding the privacy of cryptocurrencies. The IRS views this information gathering as necessary for monitoring compliance with Notice 2014-21, which classifies cryptocurrencies as property for tax purposes. Cryptocurrency users, however, view the attempt for information as an infringement on their privacy rights and are seeking legal protection. This Issue Brief investigates the future tax implications of Notice 2014-21 and considers possible routes the cryptocurrency market can take to …
Introduction: The Power Of New Data And Technology, Laura E. Dolbow
Introduction: The Power Of New Data And Technology, Laura E. Dolbow
Vanderbilt Law Review
Modern technology has revolutionized the law. Computers drastically expanded the scope and speed of access to legal information. Unlike the days when lawyers had to climb ladders in the stacks to find specific statutes or cases in printed reporters, Westlaw brings up thousands of resources at the touch of a fingertip. Beyond transforming legal research, new data and technology have transformed the law in two other powerful ways: they have made the law more accessible to nonlawyers, and they have made it possible for lawyers to gather information about how the law is being executed. The articles in this Section …
Technology-Based? Cost Factoring In U.S. Environmental Standards, Jamison E. Colburn
Technology-Based? Cost Factoring In U.S. Environmental Standards, Jamison E. Colburn
Michigan Journal of Environmental & Administrative Law
Environmental controls in the United States are often said to be “technology-based” because the polluter’s duties are determined by the available technology for controlling that pollution rather than by the social costs and benefits of doing so. Indeed, this is much of what distinguishes U.S. environmental law post-1970 from that which preceded it. But technology-based standards have in fact weighed the costs of controlling pollution in unique, often obscure ways, yielding an analysis that defies standardization and basic notions of transparency. Often lumped under an umbrella heading called “feasibility” analysis and justified on the grounds that it avoids many of …
3d Bioprinting Patentable Subject Matter Boundaries, Tabrez Y. Ebrahim
3d Bioprinting Patentable Subject Matter Boundaries, Tabrez Y. Ebrahim
Seattle University Law Review
3D bioprinting combines emerging 3D printing technologies with synthetic biology. The promise of 3D bioprinting technology is to fabricate organs for transplantation, treat burn victims with in vivo skin repair, and create wearable microbiomes. 3D bioprinting can successively build, repair, or reproduce living human cells. This capability challenges eligible subject matter doctrine in U.S. patent law because the law has no brightline standard for patent eligibility for nature-based products. As 3D bioprinting technologies mature, U.S. patent law will need to respond to situations where living and nonliving worlds merge. This Article proposes a “Mixed-Scanned-Transformed” standard to supplement U.S. patent law’s …
Uber, Lyft, And Regulating The Sharing Economy, Brett Harris
Uber, Lyft, And Regulating The Sharing Economy, Brett Harris
Seattle University Law Review
The “sharing economy” goes by many names such as the “gig economy,” the “1099 economy,” and the “on-demand economy,” all of which describe the economic system that uses online platforms to connect workers and sellers with clients and consumers, primarily through smartphone applications. Many of the sharing economy companies are also called the “tech disruptors.” They earned this title because they have changed the way that people do business. But in changing the way that people do business, they have also created unique regulatory challenges for governments across the country. The news is rife with stories about when these regulations …
Standardization In Information Technology Industries: Emerging Issues Under Section Two Of The Sherman Antitrust Act, Michael Betts
Standardization In Information Technology Industries: Emerging Issues Under Section Two Of The Sherman Antitrust Act, Michael Betts
Oklahoma Journal of Law and Technology
No abstract provided.
Plunging Into The Information Age: The Effect Of Current Competition Policy On United States Science And Technology Policy, Michael Betts
Plunging Into The Information Age: The Effect Of Current Competition Policy On United States Science And Technology Policy, Michael Betts
Oklahoma Journal of Law and Technology
No abstract provided.
Terms Of Service And The Computer Fraud And Abuse Act: A Trap For The Unwary?, David A. Puckett
Terms Of Service And The Computer Fraud And Abuse Act: A Trap For The Unwary?, David A. Puckett
Oklahoma Journal of Law and Technology
No abstract provided.
Public Security & Digital Forensics In The United States: The Continued Need For Expanded Digital Systems For Security, Deborah G. Keeling, Michael Losavio
Public Security & Digital Forensics In The United States: The Continued Need For Expanded Digital Systems For Security, Deborah G. Keeling, Michael Losavio
Journal of Digital Forensics, Security and Law
Digital Forensics is one of the latest challenges for the use of forensics in the investigative process in the United States. Some of the challenges are created by conditions and circumstances present for law enforcement around the world. However, many are unique to the United States and created by the standards of evidence within our courts, nature of our law enforcement organizations, and structure of our judicial and prosecutorial systems. It is essential for the preservation of public security and individual safety that competent systems of digital forensics are developed for law enforcement at all levels. The failure to do …
Trademark Boundaries And 3d Printing, Lucas S. Osborn
Trademark Boundaries And 3d Printing, Lucas S. Osborn
Akron Law Review
3D printing technology promises to disrupt trademark law at the same time that trademark law and policy sustain repeated criticism. The controversial growth of trademark law over the last century has yielded amorphous sponsorship and affiliation confusion issues and empirically fragile post-sale and initial-interest confusion theories, among others. Into this melee marches 3D printing technology, which dissociates the process of design from that of manufacturing and democratizes manufacturing. Rather than being embodied only in physical objects, design is embodied in digital CAD files that users can post and sell on the internet. The digitization of physical objects raises fundamental questions …
Industry Spotlight: Technology Patents
Industry Spotlight: Technology Patents
Marriott Student Review
Technology patents serve two purposes: to protect competition in the marketplace and to promote collaborative innovation amongst rival firms. Society benefits when technology firms are made to share patents at fair rates. The costs and benefits of technology patents are discussed in the context of industry expectations, and the broader implications for society. Firms should be encouraged to continue innovating, benefiting society as they go.
Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel
Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel
Arbitration Law Review
No abstract provided.
The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman
The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman
Pepperdine Law Review
Recent advances in technology are posing new challenges for a legal system based on decades-old precedent. Nowhere is this more apparent than in law enforcement’s warrantless use of IMSI Catchers. These devices mimic a cell phone tower, and when the device is activated, cell phones will naturally connect to them. Law enforcement officers can use those intercepted cell phone signals to track a suspect’s movements in real time with startling accuracy. Scholarly commentary on these devices has largely concluded that their use requires a warrant. This Comment engages in a close examination of Fourth Amendment precedent and argues that, as …
The Expanding Scope Of Human Rights In A Technological World — Using The Interamerican Court Of Human Rights To Establish A Minimum Data Protection Standard Across Latin America, Josiah Wolfson
University of Miami Inter-American Law Review
Privacy is a human right that many in the world do not enjoy. The failure of many countries to prioritize privacy through the passage and enforcement of comprehensive data protection laws has left their citizens vulnerable. The Inter-American Court of Human Rights should use its authority to set a minimum data protection standard for its Member States.
This Note discusses the historical development of data protection, the current data protection gap in Latin America, and proposes the role that the Inter-American Court of Human Rights should play in advancing a minimum data protection standard in the region.
The Business Of Law: Evolution Of The Legal Services Market, Tyler J. Replogle
The Business Of Law: Evolution Of The Legal Services Market, Tyler J. Replogle
Michigan Business & Entrepreneurial Law Review
The legal services market is changing. This change has been driven by various factors through the years: expansion of in-house legal departments, globalization (through mergers and outsourcing), technological advances, and the rise of alternative legal service providers. This paper explores these factors in isolation—i.e., discussing each factor separately and distinctly from other factors. Then, this paper seeks to understand these factors together, as products of a legal services market that is evolving from the growth stage into the mature stage.
Part I summarizes the early history of law firms, including the rise of the Cravath System through the Golden Era …
Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts, Howard J. Bashman
Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts, Howard J. Bashman
The Journal of Appellate Practice and Process
No abstract provided.
Crispr: Redefining Gmos—One Edit At A Time, Eric E. Williams
Crispr: Redefining Gmos—One Edit At A Time, Eric E. Williams
University of Arkansas at Little Rock Law Review
No abstract provided.
Bringing Equal Justice Under Law To South Carolina: Addressing The Civil Justice Gap And Confronting The Legal Ultimatum, Whitney Kamerzel
Bringing Equal Justice Under Law To South Carolina: Addressing The Civil Justice Gap And Confronting The Legal Ultimatum, Whitney Kamerzel
South Carolina Law Review
No abstract provided.
Stopping The Troll Tax: An Analysis Of The Patent Troll Issue And South Carolina's Bad Faith Assertion Of Patent Infringement Act, Jonathan Todd
Stopping The Troll Tax: An Analysis Of The Patent Troll Issue And South Carolina's Bad Faith Assertion Of Patent Infringement Act, Jonathan Todd
South Carolina Law Review
No abstract provided.
How Many #Followers Do You Have?: Evaluating The Rise Of Social Media And Issues Concerning In Re Ctli’S Determination That Social Media Accounts Are Property Of The Estate, Patricia A. Leeson
How Many #Followers Do You Have?: Evaluating The Rise Of Social Media And Issues Concerning In Re Ctli’S Determination That Social Media Accounts Are Property Of The Estate, Patricia A. Leeson
Catholic University Law Review
With the rise of social media use, legal disputes have surfaced with litigants looking to the courts to determine issues of ownership and legal authority. As a matter of first impression, a U.S. Bankruptcy Court in Texas held that a Twitter and Facebook social media account were to be regarded as property of the estate pursuant to Section 541 of the Bankruptcy Code. The court analogized the social media accounts to subscriber lists because they provide valuable access to customers. Although the court addressed the question of whether social media applications are to be regarded as property in bankruptcy proceedings, …
The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston
The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston
Catholic University Law Review
The advent of new technology has presented courts with unique challenges when analyzing searches and seizures under the Fourth Amendment. Out of necessity, the application of the Fourth Amendment has evolved to address privacy issues stemming from modern technology that could not have been anticipated by the Amendment’s drafters. As part of this evolution, the Supreme Court devised the “private search” doctrine, which upholds the constitutionality of warrantless police searches of items that were previously searched by a private party, so long as the police search does not exceed the scope of the private-party search. However, courts have struggled to …
Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott
Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott
University of Richmond Law Review
The purpose of this article is to explore the threats posed by
cybersecurity breaches, outline the steps taken by the government
to address those threats in the private sector economy, and
call attention to the ultimate solution, which will most certainly
spur private businesses to create a more secure cyber environment
for the American people-a Connie Francis-styled cyber civil
action lawsuit.
Preventing An Air Panopticon: A Proposal For Reasonable Legal Restrictions On Aerial Surveillance, Jake Laperruque
Preventing An Air Panopticon: A Proposal For Reasonable Legal Restrictions On Aerial Surveillance, Jake Laperruque
University of Richmond Law Review
No abstract provided.
Keynote Address: The Digital Forevermore, Thomas J. Ridge
Keynote Address: The Digital Forevermore, Thomas J. Ridge
University of Richmond Law Review
No abstract provided.
The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, "Particularly" Speaking, Devin M. Adams
The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, "Particularly" Speaking, Devin M. Adams
University of Richmond Law Review
No abstract provided.