Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (6)
- University of Pennsylvania Carey Law School (6)
- Georgetown University Law Center (3)
- Vanderbilt University Law School (3)
- BLR (2)
-
- Chicago-Kent College of Law (2)
- Columbia Law School (2)
- New York Law School (2)
- University of Maryland Francis King Carey School of Law (2)
- Boise State University (1)
- Cornell University Law School (1)
- Emory University School of Law (1)
- Georgia State University College of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- Schulich School of Law, Dalhousie University (1)
- University of Michigan Law School (1)
- University of Missouri-Kansas City School of Law (1)
- University of Pittsburgh School of Law (1)
- William & Mary Law School (1)
- Keyword
-
- Copyright (6)
- Fair use (4)
- Regulation (4)
- Endangered Species Act (3)
- Law and Technology (3)
-
- Science (3)
- Technology (3)
- Biodiversity (2)
- Critical habitat (2)
- DMCA (2)
- ESA (2)
- Energy & Environmental Security Initiative (2)
- Environmental law (2)
- HCP (2)
- Incentives (2)
- Intellectual property (2)
- Law and Society (2)
- Private landowners (2)
- Science and Technology (2)
- Scientific evidence (2)
- Software (2)
- Sound science (2)
- Species recovery (2)
- U.S. Fish & Wildlife Service (2)
- USF&WS (2)
- University of Colorado (2)
- Access (1)
- Administrative Law (1)
- Admissibility (1)
- Adolescent development (1)
- Publication
-
- All Faculty Scholarship (8)
- Faculty Scholarship (4)
- Endangered Species Act Congressional Field Tour (August 17-19) (3)
- Publications (3)
- Vanderbilt Law School Faculty Publications (3)
-
- Articles (2)
- Articles & Chapters (2)
- Articles, Book Chapters, & Popular Press (1)
- Cornell Law Faculty Publications (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles (1)
- Faculty Publications (1)
- Faculty Publications By Year (1)
- Faculty Works (1)
- George Mason University School of Law Working Papers Series (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Articles (1)
- Management Faculty Publications and Presentations (1)
- Testimony Before Congress (1)
- The Ohio State University Moritz College of Law Working Paper Series (1)
- U.S. Supreme Court Briefs (1)
Articles 1 - 30 of 39
Full-Text Articles in Law
Brief Of International Business Machines Corporation As Amicus Curiae Supporting Neither Party, Laboratory Corporation Of America Holdings V. Metabolite Laboratories Inc., No. 04-607 (U.S. Dec. 23, 2005), John R. Thomas
U.S. Supreme Court Briefs
No abstract provided.
Testing Jury Reforms, Valerie P. Hans, B. Michael Dann, David H. Kaye, Erin J. Farley, Stephanie Albertson
Testing Jury Reforms, Valerie P. Hans, B. Michael Dann, David H. Kaye, Erin J. Farley, Stephanie Albertson
Cornell Law Faculty Publications
DNA evidence has become a key law enforcement tool and is increasingly presented in criminal trials in Delaware and elsewhere. The integrity of the criminal trial process turns upon the jury's ability to understand DNA evidence and to evaluate properly the testimony of experts. How well do they do? Can we assist them in the process?
Amendment In The Nature Of A Substitute To H.R. 2795, The "Patent Act Of 2005": Hearing Before The Subcomm. On Courts, The Internet, And Intellectual Property Of The H. Comm. On The Judiciary, 109th Cong., Sept. 15, 2005 (Statement Of Professor John R. Thomas, Geo. U. L. Center), John R. Thomas
Testimony Before Congress
No abstract provided.
Day 3: Friday, 19 August 2005: Habitat Conservation Plans, Susan Linner, Anne Ruggles, Anne Winans
Day 3: Friday, 19 August 2005: Habitat Conservation Plans, Susan Linner, Anne Ruggles, Anne Winans
Endangered Species Act Congressional Field Tour (August 17-19)
5 pages (includes illustration).
Contains references.
Agenda: Endangered Species Act Congressional Field Tour, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Endangered Species Act Congressional Field Tour, University Of Colorado Boulder. Natural Resources Law Center
Endangered Species Act Congressional Field Tour (August 17-19)
The Center sponsored its third annual field tour for staff members of the United States Congress, the United States Environmental Protection Agency, and the Colorado state legislature.
Day 1: Wednesday, 17 August 2005: Science And The Esa, Joy Nicholopoulos, William Lewis
Day 1: Wednesday, 17 August 2005: Science And The Esa, Joy Nicholopoulos, William Lewis
Endangered Species Act Congressional Field Tour (August 17-19)
43 pages (includes illustrations and map).
Contains references.
Introduction – 21st Century Law, Technology And Ethics: The Lawyer’S Role As A Public Citizen Serving The Public Good, Irma S. Russell
Introduction – 21st Century Law, Technology And Ethics: The Lawyer’S Role As A Public Citizen Serving The Public Good, Irma S. Russell
Faculty Works
The lawyer's role as a "public citizen" also involves a duty to "seek improvement of the law." Changing technology has changed the way lawyers practice law. As public citizens lawyers have an affirmative commitment to the social goal of a just society. Ethical issues arise in the use of technology in society, and lawyers play a central role in social ordering. The idea that advocates in an adversary system have special responsibilities is not new.
Turning Gold Into Epg: Lessons From Low-Tech Democratic Experimentalism For Electronic Rulemaking And Other Ventures In Cyberdemocracy , Peter M. Shane
Turning Gold Into Epg: Lessons From Low-Tech Democratic Experimentalism For Electronic Rulemaking And Other Ventures In Cyberdemocracy , Peter M. Shane
The Ohio State University Moritz College of Law Working Paper Series
Empowered Participatory Governance, or EPG, is a model of governance developed by Archon Fung and Erik Olin Wright that seeks to connect a set of normative commitments for strengthening democracy with a set of institutional design prescriptions intended to meet that objective. It is derived partly from democratic theory and partly from the study of real-world attempts to institutionalize transformative strategies for democratizing social and political decision making. This paper reviews Fung and Wright's recent volume, Deepening Democracy: Institutional Innovations in Empowered Participatory Governance, and considers the relevance of the authors' and other contributors' insights for the future of a …
Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Ronald W. Staudt
Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
Surveillance And The Self: Privacy, Identity, And Technology, Richard Warner
Surveillance And The Self: Privacy, Identity, And Technology, Richard Warner
All Faculty Scholarship
No abstract provided.
Cross-Examining The Brain: A Legal Analysis Of Neural Imaging For Credibility Impeachment, Charles N. W. Keckler
Cross-Examining The Brain: A Legal Analysis Of Neural Imaging For Credibility Impeachment, Charles N. W. Keckler
George Mason University School of Law Working Papers Series
The last decade has seen remarkable process in understanding ongoing psychological processes at the neurobiological level, progress that has been driven technologically by the spread of functional neuroimaging devices, especially magnetic resonance imaging, that have become the research tools of a theoretically sophisticated cognitive neuroscience. As this research turns to specification of the mental processes involved in interpersonal deception, the potential evidentiary use of material produced by devices for detecting deception, long stymied by the conceptual and legal limitations of the polygraph, must be re-examined. Although studies in this area are preliminary, and I conclude they have not yet satisfied …
Future Public Policy And Ethical Issues Facing The Agricultural And Microbial Genomics Sectors Of The Biotechnology Industry, Diane E. Hoffmann, Lawrence M. Sung
Future Public Policy And Ethical Issues Facing The Agricultural And Microbial Genomics Sectors Of The Biotechnology Industry, Diane E. Hoffmann, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck
The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck
Articles & Chapters
Agencies, not Congress, are the primary lawmakers in the American federal legal system. By law, the public has a right to participate in the making of agency rules. With the passage of the E-Government Act, administrative agencies are now required to use information and communication technologies to promulgate their rulemakings and to afford the public the opportunity to participate via the Internet. As currently envisioned, however, the move from rulemaking to electronic rulemaking will not realize the opportunity to improve participation to the full extent. Instead, the design of the screens through which people will interact with government are likely …
God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag
God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag
Faculty Articles
Recognition of the structural role of fair use has the potential to mitigate some of the uncertainty of current fair use jurisprudence. The statutory framework for fair use both mitigates and causes uncertainty. It mitigates uncertainty by providing a consistent framework of analysis the four statutory factors. However, when judges apply the statutory factors without articulating or justifying their own assumptions, they increase uncertainty. The statutory factors mean nothing without certain a priori assumptions as to the scope of the copyright owner's rights. A more stable and predictable fair use jurisprudence would begin to emerge if those assumptions were made …
Survey Of The Law Of Cyberspace: Internet Contracting Cases 2004-2005, William L. Reynolds, Juliet M. Moringiello
Survey Of The Law Of Cyberspace: Internet Contracting Cases 2004-2005, William L. Reynolds, Juliet M. Moringiello
Faculty Scholarship
This article reviews recent developments in the United States and the European Union involving Internet transactions. It describes those developments and analyzes both from a normative and practical perspective.
Not The Evil Twen: How Online Course Management Software Supports Non-Linear Learning In Law Schools, Marie Stefanini Newman
Not The Evil Twen: How Online Course Management Software Supports Non-Linear Learning In Law Schools, Marie Stefanini Newman
Elisabeth Haub School of Law Faculty Publications
In this article, I will discuss both how today's law students learn through technology, and also theories of personality types and learning styles. I will first review the few existing empirical studies on the subject. Next, I will discuss course Web sites and how they can support, not replace, what happens in the traditional law school classroom. Then, I will discuss how my law school implemented TWEN course Web pages, and discuss the results of a survey of TWEN usage by faculty members at Pace University School of Law. The survey indicates that although TWEN course Web sites have improved …
Solving The Digital Piracy Puzzle: Disaggregating Fair Use From The Dmca's Anti-Device Provisions, Jacqueline D. Lipton
Solving The Digital Piracy Puzzle: Disaggregating Fair Use From The Dmca's Anti-Device Provisions, Jacqueline D. Lipton
Articles
Copyright law has always involved balancing creative pursuits against innovations in copying, distribution and, more recently, encryption technologies. A significant problem for copyright law is that many such technologies can be utilized for both socially useful and socially harmful purposes. It is difficult to regulate such technologies in a way that prevents social harms while at the same time facilitating social benefits. The most recent example of this dynamic is evident in the 2005 United States Supreme Court decision in MGM v Grokster - dealing with digital file-sharing technologies. This article draws from the file sharing debate in considering another …
Reenvisioning Law Through The Dna Lens, Edward K. Cheng
Reenvisioning Law Through The Dna Lens, Edward K. Cheng
Vanderbilt Law School Faculty Publications
In recent times, no development has transformed the practice of criminal justice as much as DNA evidence. In little over fifteen years, DNA profiling has produced nothing short of a paradigm shift.1 For police and prosecutors, DNA has become a potent weapon for identifying and convicting criminals. Trace biological material left at a crime scene now provides critical evidence for generating leads through "cold searches" of DNA databases and for convicting defendants at trial. At the same time, for defense attorneys, DNA has become an invaluable tool for seeking exonerations, because just as DNA can link defendants to crimes, it …
Does Frye Or Daubert Matter? A Study Of Scientific Admissibility Standards, Edward K. Cheng, Albert Yoon
Does Frye Or Daubert Matter? A Study Of Scientific Admissibility Standards, Edward K. Cheng, Albert Yoon
Vanderbilt Law School Faculty Publications
Nearly every treatment of scientific evidence begins with a faithful comparison between the Frye and Daubert standards. Since 1993, jurists and legal scholars have spiritedly debated which standard is preferable and whether particular states should adopt one standard or the other. These efforts beg the question: Does a state's choice of scientific admissibility standard matter? A growing number of scholars suspect that the answer is no. Under this theory, the import of the Supreme Court's Daubert decision was not in its doctrinal standard, but rather in the general consciousness it raised about the problems of unreliable scientific evidence. This Article …
Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead
Preparing The Groundwork For A Responsible Debate On Stem Cell Research And Human Cloning, O. Carter Snead
Journal Articles
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, …
A New Framework: Post-Kyoto Energy And Environmental Security, Lakshman D. Guruswamy
A New Framework: Post-Kyoto Energy And Environmental Security, Lakshman D. Guruswamy
Publications
In this article Professor Guruswamy advances an argument for new energy agreements that address the immense global environmental challenge presented by the increasing global energy demands of both the developed and developing world. Arguing that new energy accords are needed to meet this challenge, he identifies and describes the decidedly interdisciplinary knowledge base and analytics required to negotiate such international instruments. The construction of these knowledge bases call for scientific, engineering, technological, legal, social, economic and behavioral expertise. Professor Guruswamy identifies pragmatic steps--including a targeted research agenda--that will contribute to such an undertaking and begin the arduous process of addressing …
Energy, Environment & Sustainable Development, Lakshman D. Guruswamy
Energy, Environment & Sustainable Development, Lakshman D. Guruswamy
Publications
No abstract provided.
Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For On-Line Identity, Beth Simone Noveck
Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For On-Line Identity, Beth Simone Noveck
Articles & Chapters
Trust is the foundation of society for without trust, we cannot cooperate. Trust, in turn, depends upon secure, reliable, and persistent identity. Cyberspace is thought to challenge our ability to build trust because the medium undermines the connection between online pseudonym and offline identity. We have no assurances of who stands behind an online avatar; it may be one person, it may be more, it may be a computer. The legal debate to date has focused exclusively on the question of how to maintain real world identity in cyberspace. But new "social software" technology that enables communities from eBay to …
Legal And Ethical Implications Of Employee Location Monitoring, Gundars Kaupins, Robert Minch
Legal And Ethical Implications Of Employee Location Monitoring, Gundars Kaupins, Robert Minch
Management Faculty Publications and Presentations
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 …
Technology-Augmented Courtrooms: Progress Amid A Few Complications, Or The Problematic Interrelationship Between Court And Counsel, Fredric I. Lederer
Technology-Augmented Courtrooms: Progress Amid A Few Complications, Or The Problematic Interrelationship Between Court And Counsel, Fredric I. Lederer
Faculty Publications
No abstract provided.
Order Without Social Norms: How Personal Norm Activation Can Protect The Environment, Michael P. Vandenbergh
Order Without Social Norms: How Personal Norm Activation Can Protect The Environment, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
This Article tackles a leading problem confronting norms theorists and regulators: how can the law induce changes in behavior when the material costs to the individual outweigh the benefits and there is no close-knit community to impose sanctions for failure to change? Because private individuals and households are now surprisingly large contributors to environmental problems ranging from toxic pollution to climate change, environmental policy makers face compelling examples of these negative-payoff, loose-knit group situations. This Article suggests that internalized personal norms, rather than social norms, are the most important initial target of opportunity for influencing this kind of behavior.
Drawing …
Sustainable Energy: A Preliminary Framework, Lakshman Guruswamy
Sustainable Energy: A Preliminary Framework, Lakshman Guruswamy
Publications
No abstract provided.
When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault
When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault
Articles, Book Chapters, & Popular Press
In Europe, much has been written recently about the collective management of copyright and related rights. April 2004 saw the publication of the European Commission’s Communication to the Council and the European Parliament on the Management of Copyright and Related Rights in the Internal Market. This communication confirms the Commission’s intention to adopt, in the not too distant future, a directive on the governance of the societies for collective management of copyright and related rights (collecting societies) in Europe. In addition to describing the current situation in the area of collective management of copyright and related rights in the European …
Reconsidering The Dmca, R. Polk Wagner
Reconsidering The Dmca, R. Polk Wagner
All Faculty Scholarship
patents, Law and economics, prosecution history estoppel, doctrine of equivalents, ex ante, ex post, default rules, PTO, Federal Circuit, patent prosecution, patent litigation, intellectual property, patent reform, patent administration, patent office
Architectural Censorship And The Fcc, Christopher S. Yoo
Architectural Censorship And The Fcc, Christopher S. Yoo
All Faculty Scholarship
Most First Amendment analyses of U.S. media policy have focused predominantly on “behavioral” regulation, which either prohibits the transmission of disfavored content (such as indecent programming) or mandates the dissemination of preferred content (such as children’s educational programming and political speech). In so doing, commentators have largely overlooked how program content is also affected by “structural” regulation, which focuses primarily on increasing the economic competitiveness of media industries. In this Article, Professor Christopher Yoo employs economic analysis to demonstrate how structural regulation can constitute a form of “architectural censorship” that has the unintended consequence of reducing the quantity, quality, and …