Science and Technology Law Commons^™

Genetics, Genetic Testing, And The Specter Of Discrimination: A Discussion Using Hypothetical Cases, Richard H. Underwood, Ronald C. Cadle

Law Faculty Scholarly Articles

A "genetic revolution" is upon us. Techniques for genetic testing have increased in sophistication, and an international effort to map and sequence human DNA—The Human Genome Project ("HGP")—is now well under way. We are beginning to exploit our new found genetic knowledge. Recognition of the relationship between developments in genetic science, law, and public policy, is creeping into the "literature" and into the law school curriculum. Even the popular 60 Minutes television "news magazine" recently did a program on the perils of genetic testing. Still, for lawyers and policymakers at least, the material is not all that accessible.

The following …

Keynote Colloquy: Finding Justice In The Internet Dimension, Hon. Alex Kozinski

Seattle University Law Review

The Internet community—just like all other speech communities—ought to be afforded First Amendment protections. I don't see any reason why Internet speech should be treated any less favorably than other kinds of speech. But the vastly overblown claim that the communications medium somehow deserves to be put outside normal legal constraints--because it's so global, or because it's so different—is self-defeating. It substitutes generalities and sentiments for real thinking. The kind of analysis we've seen at this conference—the kind of debate we've had here—is very useful, because we're talking about the specifics of what legal constraints should be allowed. Not whether …

Bridging The Analogy Gap: The Internet, The Printing Press And Freedom Of Speech, Jonathan Wallace, Michael Green

Seattle University Law Review

The Supreme Court will bring the highest degree of clarity to the Internet freedom of speech debate if, in ACLU v. Reno, it sets forth the operative metaphor for freedom of speech and applies the metaphor in conjunction with an appropriate analogy for the technology.Part I of this Article discusses judicial decision-making tools with an emphasis on the use of analogy and the importance of applying legal precedents in a manner which is consistent and logical. Part I also discusses the use of metaphor in judicial decisionmaking and illustrates how operative metaphors for free speech have served to provide …

Diogenes Wanders The Superhighway: A Proposal For Authentication Of Publicly Disseminated Documents On The Internet, Kelly Kunsch

Seattle University Law Review

On the national level, there are proposals to make the Internet the primary, and even the exclusive, means of disseminating certain government information. Concurrently, corporations and other private organizations may adopt a similar approach for their reports and other documents. Intertwined with these official and quasi-official documents are innumerable others created by individuals around the world. With so many documents, there is potential for dissemination of false, biased, and even fraudulent information. This is the source of the authentication problem.

Evidentiary And Constitutional Implications Of Employee Drug Testing Through Hair Analysis, Theresa K. Casserly

Cleveland State Law Review

This note addresses the legal issues affecting hair analysis as a drug detector. Part II outlines a background of hair analysis. Part III presents the scientific controversy that surrounds hair analysis. Part IV addresses cases involving hair analysis. Part V examines the privacy implications of employee drug testing through hair analysis. Part VI overviews statutes which affect this method of employee drug testing.

The Internet And Its Legal Ramifications In Taiwan, George C.C. Chen

Seattle University Law Review

Part I of this Article briefly introduces the five main legal issues related to Internet use in Taiwan. Part II discusses network-related copyright issues, including the doctrine of fair use, personal and corporate use of the Internet, and one of the first court cases in Taiwan on this issue. Part III discusses issues arising from commercial activity on the Internet, including the validity of on-line contracts, the use of digital signatures for authentication, and the applicability of Taiwan's Broadcasting and Television Law, Cable Television Law, and Fair Trade Law to regulating commercial advertising on the Internet. Part IV discusses the …

Cyberspace Must Exceed Its Grasp, Or What's A Metaphor? Tropes, Trips And Stumbles On The Info Highway, Robert C. Cumbow

Seattle University Law Review

This Essay will focus on three metaphors, and show briefly how the arguments that copyright law is “unworkable” in the Internet context are based on a misreading of these metaphors. The first metaphor is the use of the term “cyberspace” to apply to the Internet; the second is the tendency to describe Internet communication as “going” somewhere. Both of these metaphors mistakenly suggest a space in which enforcement—and, indeed, violation—of any law is impossible. The third metaphor is the “wine and bottles” analogy, set forth by John Perry Barlow in his widely circulated article, “The Economy of Ideas," to show …

Solving The Insurance/Genetic Fair/Unfair Discrimination Dilemma In Light Of The Human Genome Project, Eric Mills Holmes

Kentucky Law Journal

No abstract provided.

Genetics, Genetic Testing, And The Specter Of Discrimination: A Discussion Using Hypothetical Cases, Richard H. Underwood, Ronald G. Cadle

Kentucky Law Journal

No abstract provided.

The Use Of Forensic Dna In Criminal Cases In Kentucky As Compared With Selected Other States, Judith E. Lewter

Kentucky Law Journal

No abstract provided.

Prenatal Genetic Screening: The Enigma Of Selective Abortion, David Stoller

Journal of Law and Health

This paper examines the issues of pre-natal genetic testing and its ethical and legal concerns. Part II details the scientific techniques involved in pre-natal genetic testing. Part III discusses the Human Genome Project and its influence on the choices available to prospective parents. Part IV analyzes the moral and ethical issues raised by pre-natal genetic screening. Part V presents the legal issues raised by pre-natal genetic screening. Finally, Part VI concludes and offers a prospective on the future of these technologies.

Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman

Faculty Publications

The high cost of health care has led to proposals to reduce wasteful medical technology under Medicare and other payment systems. Professor Mehlman warns that achieving this objective, while laudable in theory, is problematic because of the difficulties of defining, detecting and eliminating technology waste. A particular danger is that, in an effort to reduce waste, patients will be denied not only technologies that are wasteful from the patient's own perspective but technologies that yield net patient benefit. This risk is exacerbated by the Medicare prospective payment system, which rewards hospitals financially in inverse proportion to the amount of care …

International Taxation Of Electronic Commerce, Reuven S. Avi-Yonah

Articles

This article submits proposals for taxing the digital economy on the basis of the benefits and single tax principles.

Salvaging The Communications Decency Act In The Wake Of Aclu V. Reno And Shea V. Reno, Rebecca J. Dessoffy

Cleveland State Law Review

Hundreds of Worldwide Web site providers blackened their pages for forty-eight hours to protest the enactment of the Communications Decency Act of 1996 ("CDA"). The CDA regulates the transmission of sexually explicit material, both obscene and indecent, over the Internet. The CDA protesters claimed the law, designed to protect children, impermissibly infringes on adults' First Amendment rights to send and receive sexually explicit material. This note begins by exploring the challenged provisions of the CDA and the positions of those parties who opposed the CDA in the federal district court declaratory judgment actions. Next, the note examines applicable case precedent …

An Alternative To Government Regulation And Censorship: Content Advisory Systems For The Internet, C. Dianne Martin, Joseph M. Reagle

Cardozo Arts & Entertainment Law Journal

The explosive growth of online services and access in the United States and other technologically sophisticated nations has resulted in a huge increase of on-line users below the age of eighteen. With this increase, there has been an accompanying surge in the availability of adult oriented content and services. Consequently, a plethora of government policies and industry strategies have emerged that attempt to shield the public, and in particular children, from exposure to content deemed inappropriate.

Due to the competing interests between government control and regulation of content on the one hand, and individual privacy, autonomy, and free speech on …

The Assessment Of Expertise: Transcending Construction, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety

Articles

No abstract provided.

Cyberspace Sovereignty? – The Internet And The International System, Tim Wu

Faculty Scholarship

Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of the Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather.

By linking with the Internet, we don't mean absolute freedom of information. I think there is a general understanding about this. If you go through customs, you have to show your passport. It's the same with management of information. There is no contradiction at all between the development of telecommunications …

The Invisible Barbecue, Eben Moglen

Faculty Scholarship

Past legislation subsidizing the development of infrastructural technology has borne the mark of political corruption. The subject matter of the Telecommunications Act of 1996 falls within the same category of legislation that has fallen prey to this process in the past. In an effort to discern whether such forces are at work today, Professor Moglen undertakes a critical examination of the metaphors that pervade the current scholarly discourse on the subject of telecommunications law. Terms such as "Superhighway," "Broadcasting," and "Market for Eyeballs" reveal a great deal about the implicit assumptions at work behind the current scholarship and legislation, and …