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Articles 2191 - 2220 of 11223
Full-Text Articles in Law
Volume 28 - Number 1: Table Of Contents
Volume 28 - Number 1: Table Of Contents
Penn State International Law Review (1982 - 2011)
No abstract provided.
Diagnosing And Analyzing Flawed Investigations: Abu Ghraib As A Case Study, Keith Rohman
Diagnosing And Analyzing Flawed Investigations: Abu Ghraib As A Case Study, Keith Rohman
Penn State International Law Review (1982 - 2011)
No abstract provided.
Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills
Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills
Penn State International Law Review (1982 - 2011)
No abstract provided.
Rhetoric Without Results: United Nations Security Council Resolutions Concerning Rape During Armed Conflict, Rachel Schreck
Rhetoric Without Results: United Nations Security Council Resolutions Concerning Rape During Armed Conflict, Rachel Schreck
Penn State International Law Review (1982 - 2011)
No abstract provided.
Table Of Contents, Table Of Contents Public Land & Resources Law Review
Table Of Contents, Table Of Contents Public Land & Resources Law Review
Public Land & Resources Law Review
No abstract provided.
A Federal Public Lands Agenda For The 21st Century, Policy Report 6 National Advisory Board
A Federal Public Lands Agenda For The 21st Century, Policy Report 6 National Advisory Board
Public Land & Resources Law Review
No abstract provided.
Conflict To Compact: Federal Reserved Water Rights, Instream Flows, And Native Fish Conservation On National Forests In Montana, Patrick A. Byorth
Conflict To Compact: Federal Reserved Water Rights, Instream Flows, And Native Fish Conservation On National Forests In Montana, Patrick A. Byorth
Public Land & Resources Law Review
No abstract provided.
The Role Of Fish And Wildlife Evidence In Local Land Use Regulation, Michelle Bryan Mudd, Daranne Dunning, Melissa Hayes
The Role Of Fish And Wildlife Evidence In Local Land Use Regulation, Michelle Bryan Mudd, Daranne Dunning, Melissa Hayes
Public Land & Resources Law Review
No abstract provided.
Serena Vista, Llc V. State Department Of Natural Resources And Conservation, Paul Nicol
Serena Vista, Llc V. State Department Of Natural Resources And Conservation, Paul Nicol
Public Land & Resources Law Review
No abstract provided.
Lands Council V. Mcnair, Camisha Sawtelle
Lands Council V. Mcnair, Camisha Sawtelle
Public Land & Resources Law Review
No abstract provided.
Data Devolution: Corporate Information Security, Consumers, And Future Of Regulation, Andrea M. Matwyshyn
Data Devolution: Corporate Information Security, Consumers, And Future Of Regulation, Andrea M. Matwyshyn
Chicago-Kent Law Review
No abstract provided.
Trade Secrets, Data Security And Employees, Elizabeth Rowe
Trade Secrets, Data Security And Employees, Elizabeth Rowe
Chicago-Kent Law Review
This essay argues that data security is important to the protection of trade secret information, and that trusted employees on the inside pose the biggest threat to the protection of trade secrets. While investments in technical measures such as firewalls and encryption are important, it is also necessary for companies to consider the internal threats from employees when creating corporate security programs. Ultimately, a more comprehensive approach that includes technical and human elements, as well as consideration of inside and outside threats is likely to be more effective in the battle to secure data.
Patenting Cryptographic Technology, Greg Vetter
Patenting Cryptographic Technology, Greg Vetter
Chicago-Kent Law Review
The policy concerns intersecting patent law and cryptographic technology relate to the technology's beneficial uses in securing information in a commercial and social fabric that increasingly relies on computing and electronic communications for its makeup. The presence of patenting in a technology can impact diffusion of interoperable technology. Standardized embeddable cryptography facilitates its supply. Patent law for several decades has waxed and waned in its embrace of software implemented inventions rooted in abstract ideas such as the mathematics and mathematical algorithms underlying modern cryptography. This article documents the growth of cryptographic patenting. Then, in light of this growth and patent …
The Political Economy Of Data Protection, Peter K. Yu
The Political Economy Of Data Protection, Peter K. Yu
Chicago-Kent Law Review
Information is the lifeblood of a knowledge-based economy. The control of data and the ability to translate them into meaningful information is indispensable to businesspeople, policymakers, scientists, engineers, researchers, students, and consumers. Having useful, and at times exclusive, information improves productivity, advances education and training, and helps create a more informed citizenry. In the past two decades, those who collected or obtained access to a large amount of data began to explore ways to use the collected data as an income stream. Because the then-existing laws did not offer adequate protection for that particular purpose, they actively lobbied for stronger …
Returning To A Principled Basis For Data Protection, Gus Hosein
Returning To A Principled Basis For Data Protection, Gus Hosein
Chicago-Kent Law Review
Society must remain conscious of both pragmatic and principle-based rationales for information security rules. The identity card debate in the United Kingdom provides an example of exactly why a governmental information security approach that is sensitive to civil liberties would be the best approach to data protection. In contrast, we should be cautious of a balancing test that places security in parity with civil liberties and, therefore, erroneously allows pragmatism to triumph over principle.
The Duty Of Care And The Data Control Systems In The Wake Of Sarbanes-Oxley, Michael R. Siebecker
The Duty Of Care And The Data Control Systems In The Wake Of Sarbanes-Oxley, Michael R. Siebecker
Chicago-Kent Law Review
The essay examines the wisdom of exempting small public companies from Section 404 of the Sarbanes-Oxley Act of 2002 (SOX), which requires companies to provide management assessment and external auditing of a company's internal control systems over financial data. In particular, the essay questions whether a fiduciary duty of care might require officers and directors to adopt internal control systems, perhaps substantially similar to those envisioned by SOX, even if small public companies were exempt from the ambit of the statute.
Reasons Why We Should Amend The Constitution To Protect Privacy, Deborah Pierce
Reasons Why We Should Amend The Constitution To Protect Privacy, Deborah Pierce
Chicago-Kent Law Review
Threats to consumer privacy are many, and varied. Some threats come from corporate entities such as data aggregators and social networking sites; while others come from panoptics government surveillance systems such as Secure Flight. Not only can the data be compromised, but consumers may be adversely affected by incorrect information in their files. The time may be right to explicitly protect privacy via a constitutional amendment to the U.S. Constitution.
Development Of Ectogenesis: How Will Artificial Wombs Affect The Legal Status Of A Fetus Or Embryo?, Jessica H. Schultz
Development Of Ectogenesis: How Will Artificial Wombs Affect The Legal Status Of A Fetus Or Embryo?, Jessica H. Schultz
Chicago-Kent Law Review
Scientists are currently attempting to create an artificula womb which would allow fetal development to occur independent of a woman's womb. This note analyzes legal questions which would emerge with this new technology, including how artificial wombs would affect the interests of the father and the state in the fetus; whether contracts involving artificial wombs would be enforceable; and what type of liability issues would arise due to artificial womb use. Finally, the note proposes answers for these questions and concludes that the development of artificial wombs will likely complicate rather than resolve issues surrounding reproductive rights and the legal …
Willful Patent Infringement After In Re Seagate: Just What Is "Objectively Reckless" Infringement?, Randy R. Micheletti
Willful Patent Infringement After In Re Seagate: Just What Is "Objectively Reckless" Infringement?, Randy R. Micheletti
Chicago-Kent Law Review
Recently the United States Court of Appeals for the Federal Circuit dramatically change the rules for proving willful patent infringement—and justifying enhanced damages—in In re Seagate Technology. A patentee alleging willful infringement must now first prove "by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent." He must then show that the objectively defined risk was "either known or so obvious that it should have been known to the accused infringer." The court expressly delegated substantive development of the new test to future cases. Because district …
At A Cross-Road: Anti-Same-Sex Marriage Policies And Principles Of Equity: The Effect Of Same-Sex Cohabitation On Alimony Payments To An Ex-Spouse, Jill Bornstein
Chicago-Kent Law Review
In the wake of anti-gay marriage policies in the United States, courts and state legislature alike are struggling to reconcile these policies with well-established principles of equity in the law. This note examines states' anti-same-sex marriage policies as they relate to the states' respective policies regarding alimony termination. Generally, upon divorce, the dependent spouse from a dissolving marriage will receive alimony payments from the independent spouse until the death or remarriage of the dependent spouse. Many states have expanded the definition of "remarriage" to include a dependent spouse's cohabitation with another individual in a financially interdependent, conjugal relationship. Terminating alimony …
Conciseness In Legal Writing, Lisa Mazzie Hatlen
Conciseness In Legal Writing, Lisa Mazzie Hatlen
Faculty Publications
No abstract provided.
Optimal Hackback, Jay P. Kesan, Ruperto Majuca
Optimal Hackback, Jay P. Kesan, Ruperto Majuca
Chicago-Kent Law Review
Professor Jay Kesan from the University of Illinois College of Law, in joint work with Ruperto Majuca of the University of Illinois Department of Economics, argue in favor of legal rules that allow "hacking [data] back" in certain business circumstances. They analyze the strategic interaction between the hacker and the attacked company or individual and conclude that neither total prohibition nor unrestrained permission of hack-back is optimal. Instead, they argue that when other alternatives such as criminal enforcement and litigation are ineffective, self-defense is the best response to cybercrime because there is a high likelihood of correctly attacking the criminal, …
Coding Privacy, Lilian Edwards
Coding Privacy, Lilian Edwards
Chicago-Kent Law Review
Lawrence Lessig famously and usefully argues that cyberspace is regulated not just by law but also by norms, markets and architecture or "code." His insightful work might also lead the unwary to conclude, however, that code is inherently anti-privacy, and thus that an increasingly digital world must therefore also be increasingly devoid of privacy. This paper argues briefly that since technology is a neutral tool, code can be designed as much to fight for privacy as against it, and that what matters now is to look at what incentivizes the creation of pro- rather than anti-privacy code in the mainstream …
Reconciling The Judicial Ideal And The Democratic Impulse In Judicial Retention Elections, Rachel Paine Caufield
Reconciling The Judicial Ideal And The Democratic Impulse In Judicial Retention Elections, Rachel Paine Caufield
Missouri Law Review
It is hardly novel to suggest that judicial elections, including retention elections, illustrate profound and irreconcilable tensions in the American governmental scheme. The guiding political philosophy of liberal democracy dictates that judges be insulated from popular will and therefore remain free to adhere to the law, regardless of how unpopular such adherence may be. Complete independence would permit judges to be reckless in their use of the law as a tool of power. Complete accountability would render the rule of law, and the protections it affords to political minorities and others who lack political power, nonexistent. This elusive ideal of …
Fender Bender Lottery: Direct Victims And Bystanders In Recovery For The Negligent Infliction Of Emotional Distress, Josh Hill
Missouri Law Review
Recovery for the negligent infliction of emotional distress has always been a hazy and constantly changing area of the law. Recovery for this tort has generally been premised upon shifting policy concerns. Historically, courts agreed with public policy declaring emotional distress too difficult to prove and too easy to fake and only allowed emotional distress that occurred in connection with a physical injury. This rule flourished and grew into acceptance across America. As the tort developed and scientific advances in authenticating the symptoms of emotional distress became more mainstream, the policy consideration shifted towards allowing recovery for emotional distress based …
Missouri Nonpartisan Court Plan: The Least Political Method Of Selecting High Quality Judges, The, Laura Denvir Stith, Jeremy Root
Missouri Nonpartisan Court Plan: The Least Political Method Of Selecting High Quality Judges, The, Laura Denvir Stith, Jeremy Root
Missouri Law Review
According to Justice Steven Breyer, "the reputation and the reality of the fairness and effectiveness of the American judicial system are in the hands of the states."1 In the laboratory of American democracy, each sovereign state has the freedom to design the method by which members of its judiciary are chosen. The unique history, culture and experiences of each state have led to the adoption of a variety of systems to select judges. These methods generally fall into one of three categories: contested election, political appointment, or merit selection.
Politics Of Merit Selection, The, Brian T. Fitzpatrick
Politics Of Merit Selection, The, Brian T. Fitzpatrick
Missouri Law Review
In this Article, I undertake an evaluation of a method of judicial selection in use in many states that is known as "merit selection." The merit system is distinctive from the other systems of judicial selection in use today in the powerful role it accords lawyers and, in particular, state bar associations. Proponents of the merit system contend that it is superior to the other forms of judicial selection - elections or appointment by elected officials - because state bar associations are more likely to select judges on the basis of "merit" and less likely to select judges on the …
Inadequacies Of Missouri Intestacy Law: Addressing The Rights Of Posthumously Conceived Children, The, Kimberly E. Naguit
Inadequacies Of Missouri Intestacy Law: Addressing The Rights Of Posthumously Conceived Children, The, Kimberly E. Naguit
Missouri Law Review
When Sergeant Dayne Darren Dhanoolal of Columbus, Georgia, died on March 31, 2008, while serving in Iraq, Kynesha Dhanoolal, his widow, hoped to be able to fulfill his expressed wish of having children.' She obtained a temporary restraining order in federal court to prevent the military from embalminp Sergeant Dhanoolal until someone extracted and froze samples of his sperm. Mrs. Dhanoolal planned to be artificially inseminated with the sperm as early as that summer. While this may sound like the stuff of science fiction, science and technology no longer limit human reproduction to the act of sexual intercourse. Couples today …
Primary & (And) Secondary Education Recent Decisions
Primary & (And) Secondary Education Recent Decisions
The Journal of Law and Education
No abstract provided.
Book Review - Hiring And Firing, Rebekah K. Maxwell
Book Review - Hiring And Firing, Rebekah K. Maxwell
Faculty Publications
No abstract provided.