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Articles 1 - 23 of 23
Full-Text Articles in Law
Fitbit Data And The Fourth Amendment: Why The Collection Of Data From A Fitbit Constitutes A Search And Should Require A Warrant In Light Of Carpenter V. United States, Alxis Rodis
William & Mary Bill of Rights Journal
No abstract provided.
A Bizarre Pair: Counterinsurgency Lessons For Cyber Conflict, Jason Healey
A Bizarre Pair: Counterinsurgency Lessons For Cyber Conflict, Jason Healey
The US Army War College Quarterly: Parameters
The lessons of counterinsurgency have deeper implications for cyber conflict than previous research has identified. Two decades of experience in Iraq and Afghanistan provide insights into the cyber strategy of defending forward including treating major cybersecurity and technology companies as host-nation partners and focusing on winning the hearts and minds of global netizens.
Technology And Strategic Surprise: Adapting To An Era Of Open Innovation, Audrey Kurth Cronin
Technology And Strategic Surprise: Adapting To An Era Of Open Innovation, Audrey Kurth Cronin
The US Army War College Quarterly: Parameters
Technological revolutions affecting state power are either open or closed. The precursor to the digital age is not the twentieth century, with state-controlled programs yielding nuclear weapons, but the late nineteenth century, when tinkerers invented the radio, airplane, and high explosives—all crucial to subsequent wars. To avoid strategic surprise, the US government must take a broader view of how today’s open innovation is changing society and adapt.
The Courtroom Technology Wars Are Here!, Fredric I. Lederer
The Courtroom Technology Wars Are Here!, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
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
Fredric I. Lederer
No abstract provided.
Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer
Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer
Fredric I. Lederer
This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies
Office Hours: The Robots Are Coming!, Jeffrey Bellin, Michaela Lieberman, Fredric I. Lederer, Iria Giuffrida, Nicolas Vermeys
Office Hours: The Robots Are Coming!, Jeffrey Bellin, Michaela Lieberman, Fredric I. Lederer, Iria Giuffrida, Nicolas Vermeys
Fredric I. Lederer
April 10, 2018: This week’s episode features three guests from William & Mary’s Center for Legal & Court Technology (CLTC). Professors Fred Lederer, Iria Giuffrida and Nicolas Vermeys talk about CLTC’s efforts to prepare students and courts for rapidly evolving technologies. They also provide tips for how best to navigate the coming robot apocalypse – spoiler alert: we are all doomed.
Impractically Obscure? Privacy And Courtroom Proceedings In Light Of Webcasting And Other New Technologies, Fredric I. Lederer, Rebecca Green
Impractically Obscure? Privacy And Courtroom Proceedings In Light Of Webcasting And Other New Technologies, Fredric I. Lederer, Rebecca Green
Fredric I. Lederer
No abstract provided.
Commercial Success And Patent Standards: Economic Perspectives On Innovation, Robert P. Merges
Commercial Success And Patent Standards: Economic Perspectives On Innovation, Robert P. Merges
Robert P Merges
This Article criticizes a recent line of patent decisions in which the Court of Appeals for the Federal Circuit has considered evidence of an innovation's commercial success in deciding whether to award a patent to the inn innovator. Professor Merges briefly reviews the history of patent law and concludes that one of its principle purposes is to reward "invention," or the achievement of a significant technical advance and thereby to spur innovative technological development. He notes, however, that recently, the Federal Circuit has begun to consider "secondary factors," including the financial success of a commercialized invention, and the extent to …
Perverse Innovation, Dan L. Burk
Perverse Innovation, Dan L. Burk
William & Mary Law Review
An inescapable feature of regulation is the existence of loopholes: activities that formally comply with the text of regulation, but which in practice avoid the desired outcome of the regulation. Considerable ingenuity may be devoted to exploiting regulatory loopholes. Where technological regulation is at issue, such ingenuity may often be devoted to developing new technology that avoids the regulation; such innovation may be termed “perverse” because it is directed to avoiding the regulation that prompted it. Nonetheless, in this Article I argue that such regulatory circumvention may result in socially beneficial innovation. Drawing on insights from innovation policy in the …
Forty Years Of Wondering In The Wilderness And No Closer To The Promised Land: Bilski's Superficial Textualism And The Missed Opportunity To Return Patent Law To Its Technology Mooring, Peter S. Menell
Peter Menell
No abstract provided.
Indirect Copyright Liability And Technology Innovation, Peter S. Menell
Indirect Copyright Liability And Technology Innovation, Peter S. Menell
Peter Menell
No abstract provided.
Governance Of Intellectual Resources And Disintegration Of Intellectual Property In The Digital Age, Peter S. Menell
Governance Of Intellectual Resources And Disintegration Of Intellectual Property In The Digital Age, Peter S. Menell
Peter Menell
The Supreme Court's decision in eBay v. MercExchange brought into focus whether intellectual property policy should follow reflexively in the wake of tangible property doctrines or instead look to the distinctive market failures and institutional features of intellectual resources. Professor Richard Epstein argues in a recent article that `virtually all of the current malaise in dealing with both tangible and intellectual property stems from the failure to keep to the coherent rules of acquisition, exclusion, alienation, regulation, and condemnation that are called for by the classical liberal system ... .' Professor Epstein purports to validate what he calls the `carryover …
Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo
Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo
William & Mary Law Review
No abstract provided.
Self-Realizing Inventions And The Utilitarian Foundation Of Patent Law, Alan Devlin, Neel Sukhatme
Self-Realizing Inventions And The Utilitarian Foundation Of Patent Law, Alan Devlin, Neel Sukhatme
William & Mary Law Review
Unlike other forms of intellectual property, patents are universally justified on utilitarian grounds alone. Valuable inventions and discoveries, bearing the characteristics of public goods, are easily appropriated by third parties. Because much technological innovation occurs pursuant to significant expenditures—both in terms of upfront research and subsequent commercialization costs—inventors must be permitted to extract at least part of the social gain associated with their technological contributions. Absent some form of proprietary control or alternative reward system, economics predicts that suboptimal capital will be devoted to the innovative process. This widely accepted principle comes with an important corollary: namely, that canons of …
Impractically Obscure? Privacy And Courtroom Proceedings In Light Of Webcasting And Other New Technologies, Fredric I. Lederer, Rebecca Green
Impractically Obscure? Privacy And Courtroom Proceedings In Light Of Webcasting And Other New Technologies, Fredric I. Lederer, Rebecca Green
Popular Media
No abstract provided.
The First Amendment's Biggest Threat, Michael J. Gerhardt
The First Amendment's Biggest Threat, Michael J. Gerhardt
Faculty Publications
No abstract provided.
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.
Technological Evolution And The Devolution Of Corporate Financial Reporting, Donald C. Langevoort
Technological Evolution And The Devolution Of Corporate Financial Reporting, Donald C. Langevoort
William & Mary Law Review
No abstract provided.
Two Roads Diverged: A Tale Of Technology And Alternative Dispute Resolution, Amy S. Moeves, Scott C. Moeves
Two Roads Diverged: A Tale Of Technology And Alternative Dispute Resolution, Amy S. Moeves, Scott C. Moeves
William & Mary Bill of Rights Journal
No abstract provided.
What We Know And What We Need To Know About The Effects Of Courtroom Technology, Elizabeth C. Wiggins
What We Know And What We Need To Know About The Effects Of Courtroom Technology, Elizabeth C. Wiggins
William & Mary Bill of Rights Journal
No abstract provided.
The Courtroom Technology Wars Are Here!, Fredric I. Lederer
The Courtroom Technology Wars Are Here!, Fredric I. Lederer
Popular Media
No abstract provided.
Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer
Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer
Faculty Publications
This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies