Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (33)
- Intellectual Property Law (20)
- Internet Law (11)
- State and Local Government Law (9)
- Communications Law (7)
-
- Fourth Amendment (7)
- Law and Society (7)
- Business (6)
- Courts (6)
- Criminal Law (5)
- Legal Education (5)
- Legal Ethics and Professional Responsibility (5)
- Legislation (5)
- Litigation (5)
- Privacy Law (5)
- Social and Behavioral Sciences (5)
- Constitutional Law (4)
- Criminal Procedure (4)
- Engineering (4)
- Evidence (4)
- Medicine and Health Sciences (4)
- Public Affairs, Public Policy and Public Administration (4)
- Technology and Innovation (4)
- Antitrust and Trade Regulation (3)
- Communication (3)
- Communication Technology and New Media (3)
- Computer Law (3)
- Education (3)
- Law and Economics (3)
- Institution
-
- University of Massachusetts School of Law (10)
- Selected Works (8)
- University of Michigan Law School (6)
- SelectedWorks (5)
- William & Mary Law School (5)
-
- Fordham Law School (3)
- University of Pennsylvania Carey Law School (3)
- St. Mary's University (2)
- The Catholic University of America, Columbus School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Colorado Law School (2)
- University of Richmond (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Case Western Reserve University School of Law (1)
- Cleveland State University (1)
- Lincoln Memorial University - Duncan School of Law (1)
- Marquette University Law School (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Pace University (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- Singapore Management University (1)
- U.S. Naval War College (1)
- University of Baltimore Law (1)
- University of Kentucky (1)
- University of Massachusetts Amherst (1)
- University of Miami Law School (1)
- Publication
-
- University of Massachusetts Law Review (8)
- All Faculty Scholarship (4)
- Faculty Publications (4)
- Michigan Telecommunications & Technology Law Review (3)
- Faculty Scholarship (2)
-
- Fordham Law Review (2)
- Popular Media (2)
- St. Mary's Journal on Legal Malpractice & Ethics (2)
- Touro Law Review (2)
- University of Richmond Law Review (2)
- Adam Thierer (1)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Books (1)
- Charles E. MacLean (1)
- CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015) (1)
- Daxton "Chip" Stewart (1)
- Doctoral Dissertations (1)
- Elizabeth A Rowe (1)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (1)
- Indiana Law Journal (1)
- International Law Studies (1)
- Ira Steven Nathenson (1)
- Jonathan H. Lomurro Esq. LLM (1)
- Laurie B. Serafino (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Scholarly Articles (1)
- Marquette Intellectual Property Law Review (1)
- Melanie M. Reid (1)
- Michigan Journal of International Law (1)
- Publication Type
Articles 1 - 30 of 73
Full-Text Articles in Law
Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett
Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett
Touro Law Review
No abstract provided.
A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb
A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb
Sherry Colb
No abstract provided.
Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole
Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole
University of Massachusetts Law Review
Transcript of the Federalist Society’s Intellectual Property Practice Group and its Stanford Law School Chapter debate on Open Source and Intellectual Property Rights with panelists Professor Lawrence Lessig from Stanford University and Professor F. Scott Kieff from Stanford University and moderated by Professor G. Marcus Cole from Stanford Law School. This debate took place on Wednesday, March 30, 2005 in Palo Alto, California.
Introduction, Miriam F. Miquelon-Weismann
Introduction, Miriam F. Miquelon-Weismann
University of Massachusetts Law Review
Legal educators increasingly use the classroom to import expertise from scientists and social scientists to better prepare law students to engage in specialized and collaborative fields of practice. Indeed, this project grew out of a paper course on Scientific Evidence in Civil and Criminal Cases offered during the spring 2006 semester at the law school. Students heard from accident reconstruction experts, DNA scientists, forensic pathologist and medical malpractice experts. In February 2006, Dr. Aaron Lazare, Dean and Chancellor at the University of Massachusetts, addressed the law school on a cutting-edge legal theory from his recently published book, “On Apology.” Stimulated …
Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik
Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik
University of Massachusetts Law Review
Dan Subotnik responds to Andrea Curcio, Chomsky, and Eileen Kaufman, Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others, 9 U. Mass. L. Rev. 206 (2014).
Technology And Intellectual Property: New Rules For An Old Game?, Elizabeth A. Rowe
Technology And Intellectual Property: New Rules For An Old Game?, Elizabeth A. Rowe
Elizabeth A Rowe
This foreword to the first issue of 2009 for the Journal of Technology Law and Policy discusses the questions presented by the merger of technology and intellectual property and considers how best the two areas should co-exist.
Rethinking Transparency In U.S. Elections, Rebecca Green
Rethinking Transparency In U.S. Elections, Rebecca Green
Faculty Publications
Bush v. Gore catapulted this country into a crisis of confidence in the management of our elections. Despite reforms since 2000, public confidence in election administration continues to wane. Are dead people on the rolls? Are noncitizens voting? Are provisional ballots wrongly rejected? State election transparency statutes meant to reassure the public that elections are producing legitimate results are often conflicting, vague, and even nonexistent. Exacerbating the problem, the last two decades have witnessed huge changes that offset the transparency balance. Dramatic changes in how Americans vote, how elections are administered, and who scrutinizes the election process call for a …
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
Adam Thierer
This paper highlights some of the opportunities presented by the rise of the so-called “Internet of Things” and wearable technology in particular, and encourages policymakers to allow these technologies to develop in a relatively unabated fashion. As with other new and highly disruptive digital technologies, however, the Internet of Things and wearable tech will challenge existing social, economic, and legal norms. In particular, these technologies raise a variety of privacy and safety concerns. Other technical barriers exist that could hold back IoT and wearable tech — including disputes over technical standards, system interoperability, and access to adequate spectrum to facilitate …
Practice Lean! Implementing Technology-Driven Lean Six Sigma In A Law Firm, Frank A. Urbanic
Practice Lean! Implementing Technology-Driven Lean Six Sigma In A Law Firm, Frank A. Urbanic
frank a urbanic
No abstract provided.
Stay Tuned: Whether Cloud-Based Service Providers Can Have Their Copyrighted Cake And Eat It Too, Amanda Asaro
Stay Tuned: Whether Cloud-Based Service Providers Can Have Their Copyrighted Cake And Eat It Too, Amanda Asaro
Fordham Law Review
Copyright owners have the exclusive right to perform their works publicly and the ability to license their work to others who want to share that right. Subsections 106(4) and (5) of the Copyright Act govern this exclusive public performance right, but neither subsection elaborates on what constitutes a performance made “to the public” versus one that remains private. This lack of clarity has made it difficult for courts to apply the Copyright Act consistently, especially in the face of changing technology.
Companies like Aereo, Inc. and AereoKiller, Inc. developed novel ways to transmit content over the internet to be viewed …
Inherit The Cloud: The Role Of Private Contracts In Distributing Or Deleting Digital Assets At Death, Natalie M. Banta
Inherit The Cloud: The Role Of Private Contracts In Distributing Or Deleting Digital Assets At Death, Natalie M. Banta
Fordham Law Review
We live in a world permeated with technology. Through our online accounts we write emails, we store pictures, videos, and documents, we pay bills and conduct financial transactions, we buy digital books and music, and we manage loyalty programs. Digital assets have quickly replaced physical letters, pictures, books, compact discs, and documents stored in filing cabinets and shoeboxes. The emergence of digital assets raises pressing questions regarding the treatment of digital assets at an account holder’s death. Unlike digital assets’ physical counterparts, an account holder does not control the ultimate fate of digital assets. Instead, digital assets are controlled by …
Teece's Competing Through Innovation, Herbert J. Hovenkamp
Teece's Competing Through Innovation, Herbert J. Hovenkamp
All Faculty Scholarship
This essay reviews David J. Teece's book, Competing Through Innovation: Technological Strategies and Antitrust Policies (2013).
E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation, Nicholas Timchalk
E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation, Nicholas Timchalk
Seattle University Law Review
Amazon’s main rival, Apple, went to great lengths and took major risks to enter the e-book market. Why did Apple simply choose not to compete on the merits of its product and brand equity (the iPad and iBookstore) as it does with its other products? Why did Apple decide not to continue to rely on its earlier success of situating its products differently in the market than other electronics and working hard to be different and cutting-edge with its e-book delivery? This Note argues that the combination of Amazon’s 90% market share, network externalities, and an innovative technology market creates …
International Law Applicable To Naval Mines, Chatham House
International Law Applicable To Naval Mines, Chatham House
International Law Studies
This report summarizes the workshop held on February 26–27, 2014 on the law governing the use of naval mines in times of both peace and war. The workshop, organized by Chatham House, the Royal Navy and U.S. Naval War College, brought together a group of international law scholars, operational lawyers and other legal experts in the field. The objective of the workshop was to clarify existing law and identify areas of legal uncertainty to assist States to conduct their operations lawfully.
Judging In The Age Of Technology, Fredric I. Lederer
Judging In The Age Of Technology, Fredric I. Lederer
Popular Media
No abstract provided.
Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson
Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson
University of Michigan Journal of Law Reform Caveat
"Firt love is only a little foolishness and a lot of curiosity." -- George Bernard Shaw Teenagers will explore their sexuality; this is no new phenomenon. However, the ways that teens are exploring their curiosity is changing with technology. This trend has serious repercussions for teens, society, and the law. ‘Sexting’—defined as the act of sending sexually explicit photographs or messages via cell phone—is one recently-developed means of sexual exploration. The practice overlaps with the production, distribution, and possession of child pornography that is banned by both state and federal law. Due to the overlap, minors have been prosecuted under …
Intuitive Planning, Emily M. Morris
Constitutional Law—Shooting Blanks: Smart Gun Mandates And Their Concomitant Constitutional, Regulatory, Public Policy, And Practical Issues, William F. Godbold Iv
Constitutional Law—Shooting Blanks: Smart Gun Mandates And Their Concomitant Constitutional, Regulatory, Public Policy, And Practical Issues, William F. Godbold Iv
University of Arkansas at Little Rock Law Review
No abstract provided.
The Indie Lawyer Of The Future: How New Technology, Cultural Trends, And Market Forces Can Transform The Solo Practice Of Law, Lucille Jewel
The Indie Lawyer Of The Future: How New Technology, Cultural Trends, And Market Forces Can Transform The Solo Practice Of Law, Lucille Jewel
Scholarly Works
This article is about individual lawyers innovating in the practice of law. New technology, cultural trends, and market forces have the potential to awaken latent markets for one-to-one legal services grounded in the sharing economy, the commons, DIY businesses, and other similar endeavors. These forces might reshape the solo practice of law, which in turn might induce structural change in the legal system itself. Despite the mass commoditization of many law products, there is a potentially new market for craft-oriented lawyers who directly connect with clients.
When we connect the sharing economy and the cultural values that support it with …
'I Know My Rights, You Go'n Need A Warrant For That:' The Fourth Amendment, Riley's Impact, And Warrantless Searches Of Third-Party Clouds, Laurie Buchan Serafino
'I Know My Rights, You Go'n Need A Warrant For That:' The Fourth Amendment, Riley's Impact, And Warrantless Searches Of Third-Party Clouds, Laurie Buchan Serafino
Laurie B. Serafino
Scholars have frequently suggested that the Fourth Amendment ought to be applied with varying degrees of rigor depending on the seriousness of the crime investigated. Courts have largely rejected such an offense-specific approach to constitutional protections, but have demonstrated deference to the Executive Branch in matters of national security in other contexts. The particularly heightened concern raised by the threat of terrorism suggests that, at least in the context of these most serious of cases, courts ought to engage in some form of balance that recognizes the uniquely strong government interest. Such an approach, however, has to recognize that the …
Changing Spaces, Lauren M. Collins
Changing Spaces, Lauren M. Collins
Law Faculty Articles and Essays
As print collections shrink in favor of the electronic delivery of information, library space—once needed to hold the volumes we counted on to justify our existence—is no longer necessary for that purpose. Those who manage law libraries with large footprints are regularly asked to justify the continued maintenance of space that houses much smaller collections. Even those with smaller library spaces find themselves, at the very least, with more space than they had before and facing decisions about its use. This article discusses the ways in which several law libraries have altered their spaces while also adding to students' learning, …
The Debilitating Effect Of Exclusive Rights: Patents And Productive Inefficiency, William Hubbard
The Debilitating Effect Of Exclusive Rights: Patents And Productive Inefficiency, William Hubbard
All Faculty Scholarship
Are we underestimating the costs of patent protection? Scholars have long recognized that patent law is a double-edged sword. While patents promote innovation, they also limit the number of people who can benefit from new inventions. In the past, policy makers striving to balance the costs and benefits of patents have analyzed patent law through the lens of traditional, neoclassical economics. This Article argues that this approach is fundamentally flawed because traditional economics rely on an inaccurate oversimplification: that individuals and firms always maximize profits. In actuality, so-called "productive inefficiencies" often prevent profit maximization. For example, cognitive biases, bounded rationality, …
Interpreting, Stephanie Jo Kent
Interpreting, Stephanie Jo Kent
Doctoral Dissertations
What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …
Technology In The Courtroom: Promoting Transparency Or Destroying Solemnity?, Emily Ittner
Technology In The Courtroom: Promoting Transparency Or Destroying Solemnity?, Emily Ittner
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Litigation Technology For The Modern Practitioner, Jonathan H. Lomurro Esq. Llm, Christopher T. Campbell Esq, Matthew K. Blaine Esq, Stephanie L. Lomurro Esq, Christina V. Harvey Esq
Litigation Technology For The Modern Practitioner, Jonathan H. Lomurro Esq. Llm, Christopher T. Campbell Esq, Matthew K. Blaine Esq, Stephanie L. Lomurro Esq, Christina V. Harvey Esq
Jonathan H. Lomurro Esq. LLM
No abstract provided.
Zero And The Rise Of Technological Lawmaking, Max Stul Oppenheimer
Zero And The Rise Of Technological Lawmaking, Max Stul Oppenheimer
Pace Law Review
This Article begins by identifying and drawing the outline of this previously unrecognized source of law: technology-made law. It then focuses on one paradigmatic case: changes in the meaning of “zero” and the closely related concept of a mathematical limit (for example a speed limit). It defines “zero” and demonstrates its explicit and implicit uses in law. It then posits that there are two ways to interpret a law involving a technological limit: a technology-static approach, in which comparisons are made using the technology available at the time the law was enacted, and a technology-dynamic approach, in which comparisons are …
Commodification Of The Female Egg: Stem Cell Technology And The Future, Rachel Rose Ostrander
Commodification Of The Female Egg: Stem Cell Technology And The Future, Rachel Rose Ostrander
Rachel Rose Ostrander
As the science of stem cell research progresses it is difficult to tell what implications it will have on our society and for women. I will begin this discussion by examining how science has viewed women in the past, and use this as a basis to conjecture about how they will be viewed and treated in the future. Prevalent gender bias in scientific writing should be a cause for concern as the science of stem cell research and commodification of the female egg becomes more of a reality.
The process of egg donation has stirred much debate in the feminist …
The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava
The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava
Touro Law Review
No abstract provided.
2014 Martz Summer Conference Poster Session, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. Airwatergas Sustainability Research Network
2014 Martz Summer Conference Poster Session, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. Airwatergas Sustainability Research Network
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
1 page.
This Conference is presented by the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment, in conjunction with the Air-Water-Gas Sustainability Research Network. Technological advances for extracting oil and gas from shale deposits have ushered in a new era of energy development in key resource-rich pockets throughout the US. In this event, we review the ongoing efforts of governments and industry to develop the regulatory and management practices necessary to protect water and air resources, drawing on the latest scientific research to tackle areas of uncertainty and to inform future action.
Transparency Trumps Technology: Reconciling Open Meeting Laws With Modern Technology, Cassandra B. Roeder
Transparency Trumps Technology: Reconciling Open Meeting Laws With Modern Technology, Cassandra B. Roeder
William & Mary Law Review
No abstract provided.