Science and Technology Law Commons^™

Panel 2: Liability Issues And 3d Printing, Mark Bartholomew, Gianni P. Servodidio, Katherine Strandburg, Felix Wu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Can Dna Be Speech?, Jorge R. Roig

Cardozo Arts & Entertainment Law Journal

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.

This Article discusses a myriad of current and developing ways in which …

Did Vimeo Kill The Radio Star? Dmca Safe Harbors, Pre-1972 Sound Recordings & The Future Of Digital Music, Tatsuya Adachi

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Bitcoin Transactions: A Bit Of Financial Privacy, Sumit Agarwal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Driverless Cars And The Much Delayed Tort Law Revolution, Andrzej Rapaczynski

Faculty Scholarship

The most striking development in the American tort law of the last century was the quick rise and fall of strict manufacturers’ liability for the huge social losses associated with the use of industrial products. The most important factor in this process has been the inability of the courts and academic commentators to develop a workable theory of design defects, resulting in a wholesale return of negligence as the basis of products liability jurisprudence. This article explains the reasons for this failure and argues that the development of digital technology, and the advent of self-driving cars in particular, is likely …

Immunity For Child Sex Trafficking Extended To Backpage.Com: Doe Ex Rel. Roe V. Backpage.Com, Llc, Steven B. Taylor

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

The Contours Of American Trade Secret Law: What Is And What Isn't Protectable As A Trade Secret, Richard F. Dole Jr.

SMU Science and Technology Law Review

No abstract provided.

The Law Of Intangible Assets: The Philosophical Underpinnings Of Trade Secret Law In The United States, Ekaterina G. Long

SMU Science and Technology Law Review

No abstract provided.

The Internet (Never) Forgets, May Crockett

SMU Science and Technology Law Review

No abstract provided.

State Bar Associations And Attorney Online Speech: Punishment Without Proper Guidance, Mary Lamar W. Nicholas

SMU Science and Technology Law Review

No abstract provided.

Can You Keep A Secret: Some Wish To Ban Encryption Technology For Fears Of Data Going Dark, Steven B. Taylor

SMU Science and Technology Law Review

No abstract provided.

The Learned Profession Defense: A Modern Response To Crony Capitalism's Historical Evolution And Impact On Patent Law, Wade M. Chumney, Megan A. Ferguson, Roby B. Sawyers

SMU Science and Technology Law Review

No abstract provided.

Policy Considerations For The Blockchain Technology Public And Private Applications, Garry Gabison

SMU Science and Technology Law Review

No abstract provided.

Seeking To Promote Security Over Privacy And Achieving Neither, Jon M. Garon

SMU Science and Technology Law Review

No abstract provided.

The Paradox Of Clean Food And The Food Safety Modernization Act: Understanding The Fda's Preventive Controls For Human Food Rule, Melissa M. Card

SMU Science and Technology Law Review

No abstract provided.

Contours Of Gmo Regulation And Labeling, Joanna K. Sax

SMU Science and Technology Law Review

No abstract provided.

Less May Be More: Reading Into Fda's Labeling Requirements, Diana R. H. Winters

SMU Science and Technology Law Review

No abstract provided.

Adult Entertainment Film Contracts: To Enforce Or Not To Enforce?, Elizabeth Lin

Cardozo Journal of Equal Rights & Social Justice

The note argues that adult entertainment film contracts should be enforceable, as the consideration—whether in the form of performance, waiver of privacy, or sexual intercourse—meets legal standards. It posits that evolving social norms and legal precedents, such as the legalization of adult entertainment and the enforceability of cohabitation agreements, support the validity of these contracts, despite historical opposition due to public policy concerns.

Dirty Laws: A Critique Of The Audiovisual Media Services Regulations 2014 And Section 63 Of The Criminal Justice And Immigration Act 2008, Daniel Haley

Cardozo Journal of Equal Rights & Social Justice

The United Kingdom's recently enacted anti-pornography laws, the Audiovisual Media Services Regulations 2014 and section 63 of the Criminal Justice and Immigration Act 2008, are inconsistent with the European Convention on Human Rights, United Kingdom case law, and United Kingdom public policy. The Audiovisual Media Services Regulations 2014, which bans the sale of a wide array of domestically produced pornography, and the Criminal Justice and Immigration Act 2008, which criminalizes the possession of "extreme pornography, " are among the most restrictive anti-pornography laws in the democratic world. These laws were passed in response to the rise of the Internet, which …

The Need For Annotated Corpora From Legal Documents, And For (Human) Protocols For Creating Them: The Attribution Problem, Vern R. Walker

Hofstra Law Faculty Scholarship

This paper argues that in order to make progress today in automating argumentation mining from legal documents, we have a critical need for two things. First, we need a sufficient supply of manually annotated corpora, as well as theoretical and experimental evidence that those annotated data are accurate. Second, we need protocols for effectively training people to perform the tasks and sub-tasks required to create those annotations. Such protocols are necessary not only for a team approach to annotation and for quality assurance of the finished annotations, but also for developing and testing software to assist humans in the process …

Wide-Scale Small Unmanned Aircraft System Access To The National Airspace System, John Robbins, Brent Terwilliger, David Ison, Dennis Vincenzi

Publications

Expected revisions of federal policies and regulations for the operation and certification of small unmanned aircraft systems (sUAS) are anticipated to significantly increase the volume of traffic in the National Airspace System (NAS). By investigating critical needs of regulatory compliance and safety, as well as new advancements, it may be possible to identify strategies to address the most pressing concerns of sUAS integration. Findings and recommendations from this research are presented to highlight implications and possible solutions to urgent needs of UAS stakehold-ers, including industry, government, and academia.

Les Photos Prises Par Les Téléphones Cellulaires Sont-Elles Assez « Originales » Pour Être Protégées Par La Loi Sur Le Droit D'Auteur?, René Pépin

Canadian Journal of Law and Technology

On considérait traditionnellement que l’originalité réside dans les choix faits par le photographe au niveau de la sensibilité du film choisi, de la vitesse de l’obturateur, de la mise au foyer, de la pose du sujet photographié , etc. Mais les caméras incorporées dans les téléphones cellulaires sont si perfectionnées que la prise de photo se fait de façon presque automatique. L’appareil fait seul la mise au foyer, le flash se déclenche au besoin, la vitesse d’obturation est optimale, le cadrage se fait presque seul, etc. C’est justement le grand avantage et le grand attrait de ces appareils. L’utilisateur n’a …

Is There A 'Right To Be Forgotten' In Canada's Personal Information Protection And Electronic Documents Act (Pipeda)?, Michael Rosenstock

Canadian Journal of Law and Technology

In this paper, I argue that PIPEDA could support a version of the right to be forgotten, subject to three important caveats. First, for search engines to meet the threshold applicability test under PIPEDA, their activities (i.e., crawling, indexing, organizing, etc.) must constitute the ‘‘collection, use or disclosure” of personal information. Ascribing such a role to search engines in information dissemination would likely require a court to distinguish the activities of search engines from hyperlinks on websites, which the Supreme Court in Crookes v. Newton determined did not involve control over content. Second, PIPEDA’s ‘‘all-or-nothing approach” means that if search …

The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard

American University National Security Law Brief

No abstract provided.

The Implications Of Creating An Iphone Backdoor, Gregory Coutros

American University National Security Law Brief

No abstract provided.

A Comparison Between Shale Gas In China And Unconventional Fuel Development In The United States: Water, Environmental Protection, And Sustainable Development, Paolo D. Farah, Riccardo Tremolada

Brooklyn Journal of International Law

China is believed to have the world's largest exploitable reserves of shale gas, although several legal, regulatory, environmental, and investment-related issues will likely restrain its exploitation. China's capacity to face these hurdles successfully and produce commercial shale gas will have a crucial impact on the regional gas market and on China’s energy mix, as Beijing strives to decrease reliance on imported oil and coal, and, at the same time, tries to meet growing energy demand and maintain a certain level of resource autonomy. The development of the unconventional natural gas extractive industry will also provide China with further negotiating power …

The Phase-Out And Sunset Of Travel Restrictions In The International Health Regulations, Sarah R. Goldfarb

Brooklyn Journal of International Law

Whether and to what extent travel restriction should be implemented during international infectious disease epidemics became a controversial issue, most recently, during the 2014 Ebola outbreak. The primary authority on the manner in which to respond to such epidemics is the International Health Regulations (IHR). The IHR is a treaty, established by the World Health Organization (WHO), which governs and coordinates international responses to international infectious disease epidemics. Despite the WHO's strong advisement to the contrary, many countries who were signatories to the IHR implemented travel bans and other types of travel restrictions to prevent the transmission of the disease …

The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley

Brooklyn Journal of International Law

In light of the invalidation of the U.S.-EU Safe Harbor, along with the increase in sales of personal data as a commodity, data privacy has become a major concern amongst different nations. The lack of harmonization of data-privacy laws around the world continues to pose obstacles to the free flow of data across national borders. The free flow of data is, nonetheless, essential the international economy. As a result, nations continue to work together to try to create mechanisms by which data can be transferred across borders in a secure manner. This Note examines the current state of data-privacy law …

“Chi S’Aiuta, Dio L’Aiuta”: Balancing Italy’S Right To Utilize Assisted Reproductive Technologies With The Teachings Of The Catholic Church, Erin A. Mcmullan

Brooklyn Journal of International Law

Adelina Parrillo never anticipated starting a prolonged legal battle when she requested her embryos be donated for scientific research. The restrictive legislation in place in Italy, inevitably influenced by the Catholic Church, mandated that she either implant the embryos or store them indefinitely. After a long drawn out battle with the Italian courts, she desperately sought assistance from the European Court of Human Rights (ECtHR), a court tasked with protecting the rights of individuals such as Parrillo from the overreaching of Member States. The ECtHR) acknowledged that this decision, to donate her unused embryos to medical research, was within the …