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Articles 241 - 270 of 272
Full-Text Articles in Science and Technology Law
On The 'Considered Analysis' Of Collecting Dna Before Conviction, David H. Kaye
On The 'Considered Analysis' Of Collecting Dna Before Conviction, David H. Kaye
Faculty Scholarship
For nearly a decade, DNA-on-arrest laws eluded scrutiny in the courts. For another five years, they withstood a gathering storm of constitutional challenges. In Maryland v. King, however, Maryland's highest court reasoned that usually fingerprints provide everything police need to establish the true identity of an individual before trial and that the state's interest in finding the perpetrators of crimes by trawling databases of DNA profiles is too "generalized" to support "a warrantless, suspicionless search." The U.S. Supreme Court reacted forcefully. Chief Justice Roberts stayed the Maryland judgment, writing that "given the considered analysis of courts on the other side …
Confronting Science: Expert Evidence And The Confrontation Clause, David H. Kaye, Jennifer L. Mnookin
Confronting Science: Expert Evidence And The Confrontation Clause, David H. Kaye, Jennifer L. Mnookin
Faculty Scholarship
In Crawford v Washington, the Supreme Court substantially changed its understanding of how the Confrontation Clause applies to hearsay evidence. Since then, the Court has issued three bitterly contested expert-evidence-related Confrontation Clause decisions, and each one has generated at least as many questions as answers. This article analyzes this trilogy of cases, especially the most recent, Williams v Illinois.
In Williams, the Court issued a bewildering array of opinions in which majority support for admitting the opinion of a DNA analyst about tests that she did not perform was awkwardly knitted together out of several incompatible doctrinal …
Prostitution 3.0?, Scott R. Peppet
Prostitution 3.0?, Scott R. Peppet
Publications
This Article presents an entirely novel approach to prostitution reform focused on incremental market improvement facilitated by information law and policy. Empirical evidence from the economics and sociology of sex work shows that new, Internet-enabled, indoor forms of prostitution may be healthier, less violent, and more rewarding than traditional street prostitution. This Article argues that these existing "Prostitution 2.0" innovations have not yet improved sex markets sufficiently to warrant legalization. It suggests that creating a new "Prostitution 3.0" that solves the remaining problems of disease, violence, and coercion in prostitution markets is possible, but would require removing legal barriers to …
Safe To Be Open: Study On The Protection Of Research Data And Recommendations For Access And Usage, Lucie Guibault, Andreas Wiebe
Safe To Be Open: Study On The Protection Of Research Data And Recommendations For Access And Usage, Lucie Guibault, Andreas Wiebe
Books
Openness has become a common concept in a growing number of scientific and academic fields. Expressions such as Open Access (OA) or Open Content (OC) are often employed for publications of papers and research results, or are contained as conditions in tenders issued by a number of funding agencies. More recently the concept of Open Data (OD) is of growing interest in some fields, particularly those that produce large amounts of data – which are not usually protected by standard legal tools such as copyright. However, a thorough understanding of the meaning of Openness – especially its legal implications – …
Federal Trade Commission V. Actavis, Inc. And Reverse-Payment Or Pay-For-Delay Settlements, Jacob S. Sherkow
Federal Trade Commission V. Actavis, Inc. And Reverse-Payment Or Pay-For-Delay Settlements, Jacob S. Sherkow
Articles & Chapters
An imminent US Supreme Court ruling should resolve one of the thorniest legal issues facing pharmaceutical companies today.
2012 Video Game Industry Litigation Review, Tanner Robinson, Max Metzler
2012 Video Game Industry Litigation Review, Tanner Robinson, Max Metzler
SMU Science and Technology Law Review
No abstract provided.
Digital Distribution And Games As A Service, Marco Mereu, Patrick Hudson, Steve Nix, J. J. Richards
Digital Distribution And Games As A Service, Marco Mereu, Patrick Hudson, Steve Nix, J. J. Richards
SMU Science and Technology Law Review
No abstract provided.
Crowdfunding, Mark Methenitis, Evan Fitzmaurice, Ryan Barrett, Patrick Holleman
Crowdfunding, Mark Methenitis, Evan Fitzmaurice, Ryan Barrett, Patrick Holleman
SMU Science and Technology Law Review
No abstract provided.
Lunch Presentation, Mark Long
Lunch Presentation, Mark Long
SMU Science and Technology Law Review
No abstract provided.
Legal Threats To Game Developers, Carolyn Luedtke, Kerry Hopkins, Marco Mereu, Jonathan Blavin
Legal Threats To Game Developers, Carolyn Luedtke, Kerry Hopkins, Marco Mereu, Jonathan Blavin
SMU Science and Technology Law Review
No abstract provided.
The Law & The Future Of Gaming, Jeff Becker, Roxanne Christ, John Cabeca
The Law & The Future Of Gaming, Jeff Becker, Roxanne Christ, John Cabeca
SMU Science and Technology Law Review
No abstract provided.
Game Pitches In Action, Scott Ticer, Matt Himelfarb, Zack Karlsson, Patrick Sweeney
Game Pitches In Action, Scott Ticer, Matt Himelfarb, Zack Karlsson, Patrick Sweeney
SMU Science and Technology Law Review
No abstract provided.
The Art Of The Deal, Scott Ticer, J. Holt Foster, Zack Karlsson, Patrick Sweeney
The Art Of The Deal, Scott Ticer, J. Holt Foster, Zack Karlsson, Patrick Sweeney
SMU Science and Technology Law Review
No abstract provided.
Sherley V. Sebelius: Who Knew The Term Research Could Cause Such A Ruckus, Max S. Antony
Sherley V. Sebelius: Who Knew The Term Research Could Cause Such A Ruckus, Max S. Antony
SMU Science and Technology Law Review
No abstract provided.
Out Of Bounds: Defining The Boundaries Of Trademark And Artistic Expression In University Of Alabama V. New Life Art, Derik T. Sanders
Out Of Bounds: Defining The Boundaries Of Trademark And Artistic Expression In University Of Alabama V. New Life Art, Derik T. Sanders
SMU Science and Technology Law Review
No abstract provided.
St. Jude Medical V. Access Closure: The Other Lost Profits For A Patentee's Subsidiaries, Lane M. Webster
St. Jude Medical V. Access Closure: The Other Lost Profits For A Patentee's Subsidiaries, Lane M. Webster
SMU Science and Technology Law Review
No abstract provided.
Economics And/Of Science: The Meaning(S) Of Financial Bias And The Ideal Of Interest-Free Science In Law, David S. Caudill
Economics And/Of Science: The Meaning(S) Of Financial Bias And The Ideal Of Interest-Free Science In Law, David S. Caudill
SMU Science and Technology Law Review
No abstract provided.
Burn After Reading: Preservation And Spoliation Of Evidence In The Age Of Facebook, John G. Browning
Burn After Reading: Preservation And Spoliation Of Evidence In The Age Of Facebook, John G. Browning
SMU Science and Technology Law Review
No abstract provided.
A Taxonomy And Classification Of Data Mining, Liane Colonna
A Taxonomy And Classification Of Data Mining, Liane Colonna
SMU Science and Technology Law Review
No abstract provided.
Will Your Digital Music And E-Book Libraries Die Hard With You: Transferring Digital Music And E-Books Upon Death, Emily Stutts
Will Your Digital Music And E-Book Libraries Die Hard With You: Transferring Digital Music And E-Books Upon Death, Emily Stutts
SMU Science and Technology Law Review
No abstract provided.
Their Brains On Google: How Digital Technologies Are Altering The Millennial Generation's Brain And Impacting Legal Education, Kari Mercer Dalton
Their Brains On Google: How Digital Technologies Are Altering The Millennial Generation's Brain And Impacting Legal Education, Kari Mercer Dalton
SMU Science and Technology Law Review
No abstract provided.
The Dance Continues: States And Multi-State Corporations Dance In And Out Of Real Space And Cyberspace, Wade M. Chumney, David L. Baumer, Roby B. Sawyers
The Dance Continues: States And Multi-State Corporations Dance In And Out Of Real Space And Cyberspace, Wade M. Chumney, David L. Baumer, Roby B. Sawyers
SMU Science and Technology Law Review
No abstract provided.
Sit, Stay, Drive: The Future Of Autonomous Car Liability, Sophia H. Duffy, Jamie Patrick Hopkins
Sit, Stay, Drive: The Future Of Autonomous Car Liability, Sophia H. Duffy, Jamie Patrick Hopkins
SMU Science and Technology Law Review
No abstract provided.
The Computer Fraud & Abuse Act: Failing To Evolve With The Digital Age, W. Cagney Mccormick
The Computer Fraud & Abuse Act: Failing To Evolve With The Digital Age, W. Cagney Mccormick
SMU Science and Technology Law Review
No abstract provided.
Photography, Creators, And The Changing Needs Of Copyright Law, Thomas B. Maddrey
Photography, Creators, And The Changing Needs Of Copyright Law, Thomas B. Maddrey
SMU Science and Technology Law Review
No abstract provided.
Digital Content Contracts For Consumers, Marco Loos, Chantal Mak, Lucie Guibault, Lodewijk Pessers, Natali Helberger
Digital Content Contracts For Consumers, Marco Loos, Chantal Mak, Lucie Guibault, Lodewijk Pessers, Natali Helberger
Articles, Book Chapters, & Popular Press
The application of consumer law to digital content contracts encounters a number of obstacles. Some of these are rather typical for digital content markets, e.g., the legal consequences of the classification of digital content as “goods” or “services”, and more importantly, the absence of general benchmarks to evaluate the conformity of digital content. Other problems, such as the limited usefulness of consumer information and the position of underage consumers, are not as such reserved to digital consumers, but they are amplified in the digital content markets. Moreover, particular attention is paid to the complex relationship between copyright law and consumer …
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor
Journal of Business & Technology Law
No abstract provided.