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Articles 1 - 30 of 327
Full-Text Articles in Law
Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup
Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup
Duke Law & Technology Review
The endemic underuse of radio spectrum constitutes a tragedy of the regulatory commons. Like other common interest tragedies, the outcome results from a legal or market structure that prevents economic actors from executing socially efficient bargains. In wireless markets, innovative applications often provoke claims by incumbent radio users that the new traffic will interfere with existing services. Sometimes these concerns are mitigated via market transactions, a la “Coasian bargaining.” Other times, however, solutions cannot be found even when social gains dominate the cost of spillovers. In the recent “LightSquared debacle,” such spectrum allocation failure played out. GPS interests that access …
The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos
The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen
The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak
Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
The Telecommunications Act of 1996 aimed to “provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans….” Key to the Federal Communication Commission’s ability to satisfy this deregulatory mandate is Section 10 of the 1996 Act which provides the agency with express legal authority to forbear from enforcing certain portions of the Communications Act. In this paper, we use the agency’s Phoenix Forbearance Order as a template for outlining how the Commission can improve its forbearance analysis. Our analysis focuses on forbearance from the …
The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo
The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law
Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
International Trade In Services From The Japanese Viewpoint, Masato Dogauchi
International Trade In Services From The Japanese Viewpoint, Masato Dogauchi
Georgia Journal of International & Comparative Law
No abstract provided.
Trade In Telecommunications Services, Jonathan D. Aronson
Trade In Telecommunications Services, Jonathan D. Aronson
Georgia Journal of International & Comparative Law
No abstract provided.
Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky
Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky
Georgia Journal of International & Comparative Law
No abstract provided.
Maintaining Competition In Copying: Narrowing The Scope Of Gene Patents, Oskar Liivak
Maintaining Competition In Copying: Narrowing The Scope Of Gene Patents, Oskar Liivak
Oskar Liivak
In supporting gene patents, the patent office, the courts and other supporters have assumed that gene discoveries are identical to traditional inventions and therefore the patent system should treat them as identical. In other words, they have assumed that the relatively broad claims that are used for traditional inventions are also appropriate for encouraging gene discovery. This article examines this assumption and finds that gene discoveries are critically different from traditional inventions and concludes that the patent system cannot treat them as identical.
As a doctrinal matter, this article applies the generally overlooked constitutional requirements of inventorship and originality and …
Book Review: Technology Control, Competition, And National Security. Edited By Bernard L. Seward, Jr. University Press Of America, 1987., Dorinda G. Dallmeyer
Book Review: Technology Control, Competition, And National Security. Edited By Bernard L. Seward, Jr. University Press Of America, 1987., Dorinda G. Dallmeyer
Georgia Journal of International & Comparative Law
No abstract provided.
Life, Death, And Neuroimaging: The Advantages And Disadvantages Of The Defense's Use Of Neuroimages In Capital Cases - Lessons From The Front, John H. Blume, Emily C. Paavola
Life, Death, And Neuroimaging: The Advantages And Disadvantages Of The Defense's Use Of Neuroimages In Capital Cases - Lessons From The Front, John H. Blume, Emily C. Paavola
John H. Blume
The use of neuroimaging in capital cases has become increasingly common. An informal survey of cases produced over one hundred opinions from reported decisions alone discussing the use of computed tomography (CT) scanning, magnetic resonance imaging (MRI), functional MRI, positron emission tomography (PET) scans, single-photon emission computed tomography (SPECT) scans, and similar technology in capital cases. This article gives practical advice to defense counsel considering the use of neuroimaging in a capital case. We discuss how, in the right case, this technology can be a valuable investigative tool used to produce an important component of a successful mitigation story. However, …
A Square Peg Into A Round Hole: Trade Dress Protection Of Websites, The Perspective Of The Consumer And The Dilemma For The Courts, Amber R. Cohen
A Square Peg Into A Round Hole: Trade Dress Protection Of Websites, The Perspective Of The Consumer And The Dilemma For The Courts, Amber R. Cohen
University of Massachusetts Law Review
This Note explores the legalities of trade dress protection for a website, the enforcement of such protection, and what is necessary to protect the “look and feel” of a website. Further, this Note claims it is nearly impossible to protect the “look and feel” of a website because the functionality of the site will always trump protection.
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.
Autonomous Vehicle Law Report And Recommendations To The Ulc Based On Existing State Av Laws, The Ulc's Final Report, And Our Own Conclusions About What Constitutes A Complete Law, University Of Washington Technology Law And Public Policy Clinic
Autonomous Vehicle Law Report And Recommendations To The Ulc Based On Existing State Av Laws, The Ulc's Final Report, And Our Own Conclusions About What Constitutes A Complete Law, University Of Washington Technology Law And Public Policy Clinic
Technology Law and Public Policy Clinic
This report was created by the University of Washington’s Technology Law and Policy Clinic for the Uniform Law Commission (ULC). It was created at the request of Robert Lloyd, Professor of Law at the University of Tennessee and a member of the ULC’s subcommittee for autonomous vehicles. The report aims to do three things: (1) present the existing autonomous vehicle provisions on the books in California, Michigan, Florida, Nevada, and Washington, D.C.; (2) analyze these provisions, address related questions raised in the ULC’s Final Report, and make recommendations to the ULC; and (3) offer draft provision language to illustrate our …
Strengths, Limitations, And Controversies Of Dna Evidence, Naseam Rachel Behrouzfard
Strengths, Limitations, And Controversies Of Dna Evidence, Naseam Rachel Behrouzfard
University of Massachusetts Law Review
This article explores the benefits of DNA evidence as well as the evidentiary problems associated with DNA. Part II discusses the history, development, and the emergence of DNA in the criminal justice system. Part III analyzes the significance of DNA evidence and its impact on recent cases. Part IV describes the disadvantages of DNA evidence in terms of efficiency, risks, human error, and its impact on jurors.
Dna In The Courtroom: The 21st Century Begins, James T. Griffith, Susan L. Leclair
Dna In The Courtroom: The 21st Century Begins, James T. Griffith, Susan L. Leclair
University of Massachusetts Law Review
DNA is one of the most significant discoveries in the field of forensic evidence yet it remains underutilized in the courtroom setting. This article provides an introduction to the scientific principles, structure and composition of DNA in an effort to make DNA more accessible to the judicial process.
Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, National Institute Of Justice
Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, National Institute Of Justice
University of Massachusetts Law Review
DNA analysis is the gold standard for identification of human remains from mass disasters. Particularly in the absence of traditional anthropological and other physical characteristics, forensic DNA typing allows for identification of any biological sample and the association of body parts, as long as sufficient DNA can be recovered from the samples. This is true even when the victim’s remains are fragmented and the DNA is degraded. While many effective laboratory protocols are available for DNA analysis, the analytical portion is only one part of the identification process.
Introduction To Excerpts From Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, Glenn R. Schmitt
Introduction To Excerpts From Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, Glenn R. Schmitt
University of Massachusetts Law Review
On the 5th anniversary of the terrorist attacks on the World Trade Center, the National Institute of Justice – the research, development, and evaluation agency of the U.S. Department of Justice – published a major report on the identification of mass disaster victims using DNA analysis. The report was prepared by the Kinship and Data Analysis Panel, a multidisciplinary group of scientists assembled by the National Institute of Justice to offer guidance to the New York City Office of the Chief Medical Examiner in the identification of those who perished in the World Trade Center.
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 …
The Unexamined Life In The Era Of Big Data: Toward A Udaap For Data, Sean Brian
The Unexamined Life In The Era Of Big Data: Toward A Udaap For Data, Sean Brian
Sean Brian
No abstract provided.
Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Pasquale, Frank, Citron, Danielle Keats, Frank Pasquale, Danielle Keats Citron
Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Pasquale, Frank, Citron, Danielle Keats, Frank Pasquale, Danielle Keats Citron
Faculty Scholarship
No abstract provided.
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
Katrina Wu
The Google Art Project is an ambitious attempt by Google to curate worldwide artwork online in the highest resolution possible. Google accomplishes this by partnering with museums where museums provide access to art collections and Google provides the technology to capture high quality images. Under this existing model, Google places the burden of copyright clearances on museums and removes images from online if requested by copyright owners. An endeavor like the Google Art Project is not unprecedented however, when Google attempted to put the world’s books online under the Google Books Project, scanning millions of titles and offering snippets for …
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 …
Perfecting Pregnancy Via Preimplantation Genetic Screening: The Quest For An Elusive Standard Of Care, Jolene S. Fernandes
Perfecting Pregnancy Via Preimplantation Genetic Screening: The Quest For An Elusive Standard Of Care, Jolene S. Fernandes
UC Irvine Law Review
No abstract provided.
Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey
Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey
Faculty Scholarship
This chapter is based on data collected as part of a larger qualitative empirical study based on face-to-face interviews with artists, scientists, engineers, their lawyers, agents and business partners. Broadly, the project involves the collecting and analysis of these interviews to understand how and why the interviewees create and innovate and to make sense of the intersection between intellectual property law and creative and innovative activity from the ground up. This chapter specifically investigates the concept of “progress” as discussed in the interviews. “Promoting progress” is the ostensible goal of the intellectual property protection in the United States, but what …
The Sitting Ducks Of Securities Class Action Litigation: Bio-Pharmas And The Need For Improved Evaluation Of Scientific Data, Stuart R. Cohn, Erin M. Swick
The Sitting Ducks Of Securities Class Action Litigation: Bio-Pharmas And The Need For Improved Evaluation Of Scientific Data, Stuart R. Cohn, Erin M. Swick
Stuart R. Cohn
Rule 10b-5, a powerful weapon against any publicly-listed company whose share price drops on adverse news, is particularly skewed against pharmaceutical and other bio-technology companies (bio-pharmas). It is not a coincidence that there is a disproportionate number of class actions filed against bio-pharmas. The volume and complexity of data underlying most bio-pharma cases create enormous outcome uncertainties, settlement pressures, and potentially huge contingent liabilities over substantial periods of time. The vulnerability and risks that bio-pharmas face in Rule 10b-5 class actions are unique among all publicly-traded industries, yet many cases proceed along traditional grounds without courts employing either their statutory …
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 …
U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges, Michael Mineiro
U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges, Michael Mineiro
Space Traffic Management Conference
One component of Space Traffic Management (STM) is on-orbit Space Situational Awareness (SSA) systems and services. Advances in technology and a growing demand for SSA services, information, and data, coupled with U.S. Government policy that promotes the purchase and use of commercial SSA capabilities, means that private commercial sector is likely to have an important role to play. To date, there is no federal agency with clear jurisdiction over on-orbit remote sensing operations. This paper examines the current regulatory framework, identifies gaps and limitations, and identifies possible ways forward.
Is Ip Law Modernization Possible? Assessing Approaches In Acta, Sopa, And Bill C-11, Lauren Gray Farrar
Is Ip Law Modernization Possible? Assessing Approaches In Acta, Sopa, And Bill C-11, Lauren Gray Farrar
Georgia Journal of International & Comparative Law
No abstract provided.