Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (8)
- Criminal Procedure (8)
- Constitutional Law (6)
- Fourteenth Amendment (4)
- Jurisprudence (4)
-
- Courts (3)
- Law Enforcement and Corrections (3)
- Law and Race (3)
- Law and Society (3)
- Privacy Law (3)
- Science and Technology Law (3)
- Civil Rights and Discrimination (2)
- Evidence (2)
- Fourth Amendment (2)
- Juvenile Law (2)
- State and Local Government Law (2)
- Criminology and Criminal Justice (1)
- Defense and Security Studies (1)
- Disability Law (1)
- Economic Policy (1)
- Emergency and Disaster Management (1)
- Health Law and Policy (1)
- Health Policy (1)
- Intellectual Property Law (1)
- Law and Philosophy (1)
- Legal Ethics and Professional Responsibility (1)
- Legal History (1)
- Legal Studies (1)
- Policy Design, Analysis, and Evaluation (1)
- Institution
- Publication
- Publication Type
Articles 1 - 16 of 16
Full-Text Articles in Law
The Thickness Of Blood: Article I, Section 7, Law Enforcement, And Commercial Dna Databases, Hannah Parman
The Thickness Of Blood: Article I, Section 7, Law Enforcement, And Commercial Dna Databases, Hannah Parman
Washington Law Review
Law enforcement agencies increasingly use online commercial and open source DNA databases to identify suspects in cases that have long since gone cold. By uploading crime scene DNA to one of these websites, investigators can find family members who have used the website and build a family tree leading back to the owner of the original DNA. This is called “familial DNA searching.” The highest profile use of this investigative method to date occurred in California, but law enforcement in Washington State has been quick to begin utilizing the method as well. However, article I, section 7 of the Washington …
No Longer Innocent Until Proven Guilty: How Ohio Violates The Fourth Amendment Through Familial Dna Searches Of Felony Arrestees, Jordan Mason
Cleveland State Law Review
In 2013, the United States Supreme Court legalized DNA collection of all felony arrestees upon arrest through its decision in Maryland v. King. Since then, the State of Ohio has broadened the use of arrestee DNA by subjecting it to familial DNA searches. Ohio’s practice of conducting familial DNA searches of arrestee DNA violates the Fourth Amendment because arrestees have a reasonable expectation of privacy in the information that is extracted from a familial DNA search and it fails both the totality of the circumstances and the special needs tests. Further, these tests go against the intention of the …
The Normative Molecule: Patent Rights And Dna, Saurabh Vishnubhakat
The Normative Molecule: Patent Rights And Dna, Saurabh Vishnubhakat
Faculty Scholarship
Throughout the biotechnology age, fears about the distortionary effects of property and other legal institutions upon the health and self-determination of individuals and societies have accompanied more popularly sensational fears about unscrupulous choices within the scientific community itself. Still, for most of that time the prevailing legal regime both in the United States and in Europe remained generally permissive of ownership of, and exclusionary power over, the fruits of much biomedical research, though this leniency took different forms and came about in different ways. In particular, the policy of the United States Patent and Trademark Office to grant patents on …
Dna Is Different: An Exploration Of The Current Inadequacies Of Genetic Privacy Protection In Recreational Dna Databases, Jamie M. Zeevi
Dna Is Different: An Exploration Of The Current Inadequacies Of Genetic Privacy Protection In Recreational Dna Databases, Jamie M. Zeevi
St. John's Law Review
(Excerpt)
Part I of this Note discusses the fundamental science behind DNA and defines and explains the process of familial DNA searching. Part I also discusses how Carpenter v. United States provides a framework to begin thinking about the unique nature of DNA and privacy implications for its use, and why the revealing nature of this type of data warrants protection. Part II of this Note delves into the lack of constitutional and statutory protections for DNA in recreational DNA databases. First, Part II explains that traditional Fourth Amendment concepts, like search warrants, probable cause, reasonable expectation of privacy, third-party …
People V. Buza: A Step In The Wrong Direction, Emily R. Pincin
People V. Buza: A Step In The Wrong Direction, Emily R. Pincin
Loyola of Los Angeles Law Review
No abstract provided.
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman
Journal of Race, Gender, and Ethnicity
No abstract provided.
Criminalizing Asylum: Dna Testing Asylum Seekers Violates Privacy Rights, Scarlett L. Montenegro
Criminalizing Asylum: Dna Testing Asylum Seekers Violates Privacy Rights, Scarlett L. Montenegro
American University Journal of Gender, Social Policy & the Law
Introduction.
On June 16, 2015, President Trump announced his 2016 presidential campaign and claimed that Mexicans are criminals who “[h]ave lots of problems . . . they’re bringing drugs. They’re bringing crime. They’re rapists . . . It’s coming from all over . . . Latin America.” President Trump has publicly expressed his hostility towards immigrants by calling them “animals” and blaming them for drugs and gangs in the United States. While in office, President Trump tweeted that immigrants were invading the United States and suggested that “we must immediately, with no Judges or Court Cases, bring them back from …
What Keith Bush’S Exoneration Teaches Us About Wrongful Convictions, Oscar Michelen
What Keith Bush’S Exoneration Teaches Us About Wrongful Convictions, Oscar Michelen
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry
Journal of Race, Gender, and Ethnicity
No abstract provided.
Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
Journal of Race, Gender, and Ethnicity
No abstract provided.
Direct-To-Consumer Genetic Testing: Maintenance Of Individual Privacy, Jessica L. Missel
Direct-To-Consumer Genetic Testing: Maintenance Of Individual Privacy, Jessica L. Missel
Health Law Outlook
No abstract provided.
The Nagoya Protocol And The Legal Structure Of Global Biogenomic Research, Sam F. Halabi, Michelle Rourke, Gian Luca Burci, Rebecca Katz
The Nagoya Protocol And The Legal Structure Of Global Biogenomic Research, Sam F. Halabi, Michelle Rourke, Gian Luca Burci, Rebecca Katz
Faculty Publications
As life sciences technologies have advanced, so too has the potential for these international collaborations to lead to breakthrough medicines, enhance food security, and protect ecological systems. The linchpin of this progress is the development of high throughput genetic sequencing technologies. Researchers are now able to generate and compare large stretches of DNA - 1 million bases or more - from different sources quickly and inexpensively. Such comparisons can yield massive amounts of information about the role of inheritance in susceptibility to infection and illness as well as responses to environmental influences. In addition, the ability to sequence genomes more …
From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia
From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
Ajinomoto V. Itc, The Doctrine Of Equivalents, And Biomolecule Claim Limitations At The Federal Circuit, Christopher M. Holman
Ajinomoto V. Itc, The Doctrine Of Equivalents, And Biomolecule Claim Limitations At The Federal Circuit, Christopher M. Holman
Faculty Works
The doctrine of equivalents (DOE) allows a court to hold an accused infringer liable for patent infringement in spite of the fact that the accused product (or process) does not fall within the literal scope of the asserted patent claim(s). Prosecution history estoppel (PHE), which can be triggered by a narrowing amendment of a patent claim during patent prosecution, or by arguments made during prosecution, imposes significant constraints on the ability of a patentee to assert the DOE. The 1990s and early 2000’s saw a proliferation of legal commentary postulating that the DOE would play an important role in protecting …
Secret Conviction Programs, Meghan J. Ryan
Secret Conviction Programs, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
Judges and juries across the country are convicting criminal defendants based on secret evidence. Although defendants have sought access to the details of this evidence—the results of computer programs and their underlying algorithms and source codes—judges have generally denied their requests. Instead, judges have prioritized the business interests of the for-profit companies that developed these “conviction programs” and which could lose market share if the secret algorithms and source codes on which the programs are based were exposed. This decision has jeopardized criminal defendants’ constitutional rights.