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Articles 151 - 180 of 223
Full-Text Articles in Science and Technology Law
Jagex Ltd. V. Impulse Software: An Almost Big Win For Online-Gaming Software Developers, Holly Guest
Jagex Ltd. V. Impulse Software: An Almost Big Win For Online-Gaming Software Developers, Holly Guest
SMU Science and Technology Law Review
No abstract provided.
Expanding The Arsenal Against Biopiracy: Application Of The Concession Agreement Framework To Prevent Misappropriation Of Biodiversity, Tak Jong Kim
SMU Science and Technology Law Review
No abstract provided.
Ruralism And Patent Litigation In The Eastern District Of Texas, Debra Lyn Bassett
Ruralism And Patent Litigation In The Eastern District Of Texas, Debra Lyn Bassett
SMU Science and Technology Law Review
No abstract provided.
Digging For The Digital Dirt: Discovery And Use Of Evidence From Social Media Sites, John G. Browning
Digging For The Digital Dirt: Discovery And Use Of Evidence From Social Media Sites, John G. Browning
SMU Science and Technology Law Review
No abstract provided.
The Variable Determinacy Thesis, Harry Surden
The Variable Determinacy Thesis, Harry Surden
Publications
This Article proposes a novel technique for characterizing the relative determinacy of legal decision-making. I begin with the observation that the determinacy of legal outcomes varies from context to context within the law. To augment this intuition, I develop a theoretical model of determinate legal decision-making. This model aims to capture the essential features that are typically associated with the concept of legal determinacy. I then argue that we can use such an idealized model as a standard for expressing the relative determinacy or indeterminacy of decision-making in actual, observed legal contexts. From a legal theory standpoint, this approach - …
Reverse Payments: When The Federal Trade Commission Can Attack The Validity Of Underlying Patents, Gabrielle Lahatte
Reverse Payments: When The Federal Trade Commission Can Attack The Validity Of Underlying Patents, Gabrielle Lahatte
Journal of Law, Technology, & the Internet
No abstract provided.
Warrantless Use Of Gps Tracking Devices: Fourth Amendment Protection Restored Through Application Of An Analytical Framework, The, David Myers
Journal of Law, Technology, & the Internet
No abstract provided.
Cloning And The Lgbti Family: Cautious Optimism, Erez Aloni
Cloning And The Lgbti Family: Cautious Optimism, Erez Aloni
All Faculty Publications
While fertile, opposite-sex couples can have children who carry a mix of their genes without involving third parties in the reproductive process, this option is not available to the majority of the LGBTI community. If this were simply a biological fact, it would not raise any equal protection or other constitutional issues. However, emerging technologies in the field of reproductive cloning may offer the LGBTI community the chance to have genetically related children - possibly even with a mix of both partners’ genes. As such, bans on federally funding research that would help to refine and ensure the safety and …
Super Deference, The Science Obsession, And Judicial Review As Translation Of Agency Science, Emily Hammond Meazell
Super Deference, The Science Obsession, And Judicial Review As Translation Of Agency Science, Emily Hammond Meazell
Michigan Law Review
This Article explores what happens to longstanding remedies for past racial discrimination as conditions change. It shows that Congress and the Supreme Court have responded quite differently to changed conditions when they evaluate such remedies. Congress has generally opted to stay the course, while the Court has been more inclined to view change as cause to terminate a remedy. The Article argues that these very different responses share a defining flaw, namely, they treat existing remedies as fixed until they are terminated. As a result, remedies are either scrapped prematurely or left stagnant despite dramatically changed conditions. The Article seeks …
Masthead, Volume 2 Issue 1 (2011)
Masthead, Volume 2 Issue 1 (2011)
Journal of Law, Technology, & the Internet
No abstract provided.
Pay Per Click: Keyword Advertising And The Search For Limitations Of Online Trademark Infringement Liability, Thomas H. Watson
Pay Per Click: Keyword Advertising And The Search For Limitations Of Online Trademark Infringement Liability, Thomas H. Watson
Journal of Law, Technology, & the Internet
No abstract provided.
Masthead, Volume 2 Issue 2 (2011)
Masthead, Volume 2 Issue 2 (2011)
Journal of Law, Technology, & the Internet
No abstract provided.
Masthead, Volume 3 Issue 1 (2011)
Masthead, Volume 3 Issue 1 (2011)
Journal of Law, Technology, & the Internet
No abstract provided.
When Everyone Is The Judge's Pal: Facebook Friendship And The Appearance Of Impropriety Standard, Daniel Smith
When Everyone Is The Judge's Pal: Facebook Friendship And The Appearance Of Impropriety Standard, Daniel Smith
Journal of Law, Technology, & the Internet
No abstract provided.
Volume 2 Issue 1 (2011), Journal Of Law, Technology, & The Internet
Volume 2 Issue 1 (2011), Journal Of Law, Technology, & The Internet
Journal of Law, Technology, & the Internet
No abstract provided.
Collateral Damage: Insecurity Assets In The Rising Virtual Age Of E-Commerce, Steven Chang
Collateral Damage: Insecurity Assets In The Rising Virtual Age Of E-Commerce, Steven Chang
Journal of Law, Technology, & the Internet
No abstract provided.
Volume 2 Issue 2 (2011), Case Western Reserve Journal Of Law, Technology & The Internet
Volume 2 Issue 2 (2011), Case Western Reserve Journal Of Law, Technology & The Internet
Journal of Law, Technology, & the Internet
No abstract provided.
Short-Sighted Value Of Inefficiency: Why We Should Mind The Gap In The Reimbursement Of Outpatient Prescription Drugs, The, Jennifer L. Herbst
Short-Sighted Value Of Inefficiency: Why We Should Mind The Gap In The Reimbursement Of Outpatient Prescription Drugs, The, Jennifer L. Herbst
Journal of Law, Technology, & the Internet
No abstract provided.
The Rise Of The Producer-Novelist: Shifting Perceptions Of Authorship In Transmedia Publishing, Michael Jon Anderson
The Rise Of The Producer-Novelist: Shifting Perceptions Of Authorship In Transmedia Publishing, Michael Jon Anderson
Journal of Law, Technology, & the Internet
No abstract provided.
2 Obscenity Standards, 1 Neat Solution: How Geotargeting Extends Traditional Obscenity Law To The Internet, Mason J. Kjar
2 Obscenity Standards, 1 Neat Solution: How Geotargeting Extends Traditional Obscenity Law To The Internet, Mason J. Kjar
Journal of Law, Technology, & the Internet
No abstract provided.
Negativing Invention, Jacob S. Sherkow
Negativing Invention, Jacob S. Sherkow
Articles & Chapters
Since 1952, the patent statute has forbidden courts from discriminating against, or “negativing,” inventions according to how they were made, be it “long toil and experimentation” or a “flash of genius.” Now, in addressing whether an invention is “obvious,” courts must only examine whether the invention was obvious according to the arts pertinent to that invention — the “analogous” rather than “nonanalogous” arts. This article shows that this dichotomy has actually promoted method-of-invention discrimination in patent law because the subjectivity of the analogous art inquiry has increasingly “analogized” wide fields of prior art as technology has progressed. This, in turn, …
Introduction, The .Xxx Factor, Rita Rodin Johnston
Introduction, The .Xxx Factor, Rita Rodin Johnston
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Adult Websites And The Top-Level Domain Debate: Icann's Adoption Of .Xxx Dras Adult-Industry Ire, Robert D. Richards, Clay Calvert
Adult Websites And The Top-Level Domain Debate: Icann's Adoption Of .Xxx Dras Adult-Industry Ire, Robert D. Richards, Clay Calvert
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Unraveling The Exclusionary Rule: From Leon To Herring To Robinson - And Back?, David H. Kaye
Unraveling The Exclusionary Rule: From Leon To Herring To Robinson - And Back?, David H. Kaye
Faculty Scholarship
The Fourth Amendment exclusionary rule began to unravel in United States v. Leon. The facts were compelling. Why exclude reliable physical evidence from trial when it was not the constable who blundered, but “a detached and neutral magistrate” who misjudged whether probable cause was present and issued a search warrant? Later cases applied the exception for “good faith” mistakes to a police officer who, pursuing a grudge against a suspect, arrested and searched him and his truck on the basis of a false and negligent report from a clerk in another county of an outstanding arrest warrant. The California Supreme …
An Overview And The Evolution Of The Anti-Counterfeiting Trade Agreement, Margot Kaminski
An Overview And The Evolution Of The Anti-Counterfeiting Trade Agreement, Margot Kaminski
Publications
No abstract provided.
Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen
Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen
Cardozo Arts & Entertainment Law Journal
No abstract provided.
One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel
One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
American Library Association, Bradburn, And The Movement To Censor The Internet, Olivia J. Greer
American Library Association, Bradburn, And The Movement To Censor The Internet, Olivia J. Greer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
On The Opposition Of Practical And Theoretical, Elizabeth Earle Beske
On The Opposition Of Practical And Theoretical, Elizabeth Earle Beske
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Supreme Court Amicus Brief Of Aarp And The National Legislative Association On Petition Drug Prices In Support Of Petitioners, William H. Sorrell V. Ims Health, Inc., No. 10-779 (Filed March 1, 2011), Sean Flynn, Meredith Jacob, Stacy Canan
Supreme Court Amicus Brief Of Aarp And The National Legislative Association On Petition Drug Prices In Support Of Petitioners, William H. Sorrell V. Ims Health, Inc., No. 10-779 (Filed March 1, 2011), Sean Flynn, Meredith Jacob, Stacy Canan
Amicus Briefs & Court Filings
This Court should refuse to apply the First Amendment to Vermont’s Prescription Confidentiality Law based on two essential facts. First, the regulation at issue is limited to the commercial use or private-channel distribution of confidential data. It is thus governed by cases of this Court upholding the regulation of uses of information in purely private settings that do not inform or contribute to the public sphere. Bartnicki v. Vopper, 532 U.S. 514, 526-27 n.10 (2001); Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749 (1985). Second, it concerns the regulation of secondary uses of information where the government …