The Replicability Crisis In Patent Law,
2020
Fordham Law School
The Replicability Crisis In Patent Law, Janet Freilich
Indiana Law Journal
There is a “replicability crisis” in the scientific literature. Scientists attempting to redo experiments in reputable, peer-reviewed journals have found that staggering numbers of these experiments—up to 90%—do not work. Patents, like scientific articles, contain experiments. These experiments often form the backbone of the patent and provide crucial support for patentability. Patent examiners use these experiments to evaluate whether the invention works, and thus whether the patent should be granted. The replicability crisis in the scientific literature is therefore of utmost importance to the patent system. Transferring the insights of the replicability crisis to patents begs the question of whether …
Internet Architecture And Disability,
2020
University of Colorado Law School
Internet Architecture And Disability, Blake Reid
Indiana Law Journal
The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …
Juliana V. United States,
2020
Alexander Blewett III School of Law at the University of Montana
Juliana V. United States, Anthony Reed
Public Land & Resources Law Review
Plaintiffs sued the United States government for promoting activities that were known to pollute the atmosphere and cause climate change. They claimed the government’s policies violated their rights under the substantive due process clause of the Fifth Amendment, the equal protection clause of the Ninth Amendment, and the public trust doctrine. The Ninth Circuit held it was not within the court’s Article III power to create and oversee a comprehensive plan capable of redressing the Plaintiffs’ injuries and, therefore, Plaintiffs lacked standing.
Autonomous Systems As Legal Agents: Directly By The Recognition Of Personhood Or Indirectly By The Alchemy Of Algorithmic Entities,
2020
Duke Law School
Autonomous Systems As Legal Agents: Directly By The Recognition Of Personhood Or Indirectly By The Alchemy Of Algorithmic Entities, Dalton Powell
Duke Law & Technology Review
No abstract provided.
Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration,
2020
National Institute of Justice
Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration, Martin Novak
Journal of Digital Forensics, Security and Law
Though the use of computer forensics in criminal investigations has expanded in recent years, there is little empirical evidence about the prevalence of the use of digital evidence in the court system and its impact on prosecution outcomes. This paper was an examination of criminal cases before the United States Courts of Appeal in which legal issues were related to digital evidence. The purpose of this research was to determine the most common legal basis for appeals relating to the introduction or exclusion of digital evidence, the frequency with which cases involving an appeal regarding digital evidence affirmed or reversed …
How The Fusion Of Technology And The Law Will Serve As A Catalyst For Legal Evolution,
2020
Santa Clara Law
How The Fusion Of Technology And The Law Will Serve As A Catalyst For Legal Evolution, Andrabi, Nayef
Santa Clara High Technology Law Journal
HOW THE FUSION OF TECHNOLOGY AND THE LAW WILL SERVE AS A CATALYST FOR LEGAL EVOLUTION
Risks Of Blockchain For Data Protection: A European Approach,
2020
Santa Clara Law
Risks Of Blockchain For Data Protection: A European Approach, Jiménez-Gómez, Briseida Sofia
Santa Clara High Technology Law Journal
RISKS OF BLOCKCHAIN FOR DATA PROTECTION: A EUROPEAN APPROACH
Exploring The Esports Approach Of America's Three Major Leagues,
2020
University of Miami School of Law
Exploring The Esports Approach Of America's Three Major Leagues, Peter A. Carfagna
Articles
No abstract provided.
Statistical Precedent: Allocating Judicial Attention,
2020
Vanderbilt University Law School
Statistical Precedent: Allocating Judicial Attention, Ryan W. Copus
Vanderbilt Law Review
The U.S. Courts of Appeals were once admired for their wealth of judicial attention and for their generosity in distributing it. At least by legend, almost all cases were afforded what William Richman and William Reynolds have termed the “Learned Hand Treatment.” Guided by Judge Learned Hand’s commandment that “[t]hou shalt not ration justice,” a panel of three judges would read the briefs, hear oral argument, deliberate at length, and prepare multiple drafts of an opinion. Once finished, the judges would publish their opinion, binding themselves and their colleagues in accordance with the common-law tradition. The final opinion would be …
[Auto-Reply] I’M Driving—I’Ll Get Back To You Later: Why New York Should Recognize Texters As Co-Creators Of Risk,
2020
Buffalo Law Review
[Auto-Reply] I’M Driving—I’Ll Get Back To You Later: Why New York Should Recognize Texters As Co-Creators Of Risk, Courtney A. Way
Buffalo Law Review
No abstract provided.
The International Intellectual Property Commercialization Council’S 3rd Annual U.S. Conference: The State Of Innovation In The Union,
2020
Georgetown University Law Center
The International Intellectual Property Commercialization Council’S 3rd Annual U.S. Conference: The State Of Innovation In The Union, Neel U. Sukhatme, Paul R. Zielinski, G. Nagesh Rao, Pj Bellomo, Matthew Byers, Meghan Gaffney Buck, Everardo Ruiz
Georgetown Law Faculty Publications and Other Works
The International Intellectual Property Commercialization Council (“IIPCC”) presented its third annual policy conference at the United States Capitol on May 6, 2019. The conference’s theme explored the question of “what is the state of innovation in the United States?” Panelists included The Honorable Andrei Iancu – Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office; Dr. Carl J. Schramm – University Professor, Syracuse University and Former President of the Ewing Marion Kauffman Foundation; Mr. Patrick Kilbride – Senior Vice President of the Global Innovation Policy Center (“GIPC”) at the U.S. Chamber of …
Regulating Care Robots,
2020
West Virginia University College of Law
Regulating Care Robots, Valarie K. Blake
Law Faculty Scholarship
Care robots already assist the elderly in some nursing homes around the globe and could be in widespread use in hospitals and private homes sooner than we think. These robots promise great hope for patients: robots can provide increased independence, assistance with daily living, comfort and distraction during procedures, education, and companionship during vulnerable and lonely times in patients' lives. Despite these promising features, there are a number of concerns; care robots, designed with the aim of winning patient trust and affection, have unprecedented access to personal lives as well as recording and sensory capabilities beyond any human. They pose …
The Effects Of Anti-Immigrant Laws In The U.S. On Victims Of Domestic Violence, Sexual Assault, And Human Trafficking: A Gender-Based Human Rights Analysis,
2020
University of Miami School of Law
The Effects Of Anti-Immigrant Laws In The U.S. On Victims Of Domestic Violence, Sexual Assault, And Human Trafficking: A Gender-Based Human Rights Analysis, Caroline Bettinger-López, Jamila Flomo, Amanda Suarez
Articles
No abstract provided.
Rules As Code: Seven Levels Of Digitisation,
2020
Singapore Management University
Rules As Code: Seven Levels Of Digitisation, Meng Weng Wong
Research Collection Yong Pung How School Of Law
A guide intended to accelerate sensemaking in discussions involving Rules as Code. Without a common frame of reference, project stakeholders risk talking at cross purposes. Stakeholders contemplating a “digital transformation” project in the legal domain, such as a “Rules as Code” exercise or a RegTech / SupTech proof-of-concept, may find this document useful to agree on a common vocabulary to facilitate discussion and planning. To that end, this document classifies “digital transformation” of legal rules into a hierarchy of levels which can be included as terms of reference in planning discussions. While this document is informed by academic discourse, it …
Privacy In The Digital Age: Is Our Data Safe?,
2020
Benjamin N. Cardozo School of Law
Privacy In The Digital Age: Is Our Data Safe?, Ezra Wolfson
Cardozo International & Comparative Law Review
The note examines the Cambridge Analytica scandal and its implications for digital privacy, advocating for enhanced regulatory frameworks to protect user data. It draws parallels with the Enron scandal, suggesting that similar legislative responses, such as the proposed Social Media Transparency Act, are necessary to ensure corporate accountability and user protection in the digital age. The note also explores the potential adoption of GDPR-like regulations in the U.S. and discusses the concept of digital data as property, advocating for compensation for data breaches.
(Un)Corporate Crypto-Governance,
2020
Michigan State University College of Law
(Un)Corporate Crypto-Governance, Carla L. Reyes
Fordham Law Review
Public blockchain protocols face a serious governance crisis. Thus far, blockchain protocols have followed the path of early internet governance. If the architects of blockchain protocols are not careful, they may suffer a similar fate—increased governmental control, greater centralization, and decreased privacy. As blockchain architects begin to consider better governance structures, there is a legal movement underway to impose a fiduciary framework on open-source software developers. If the movement succeeds, the consequences for open-source software development could be dire. If arbitrarily imposed on blockchain communities without consideration of variances among communities or the reality of how such communities operate, the …
Libra: A Concentrate Of "Blockchain Antitrust",
2020
Harvard University's Berkman Klein Center for Internet & Society
Libra: A Concentrate Of "Blockchain Antitrust", Thibault Schrepel
Michigan Law Review Online
Blockchains promise to decentralize the economy, bypassing trusts in favor of decentralized communities. The World Economic Forum predicts that 10 percent of the global gross domestic product will be stored on block-chain by 2027. Gartner further prophesizes that blockchain will create $3.1 trillion worth of business value by 2030. Even if that prediction turns out to be too optimistic, blockchain’s legal implications cannot be neglected.
Keeping Ai Under Observation: Anticipated Impacts On Physicians' Standard Of Care,
2020
William & Mary Law School
Keeping Ai Under Observation: Anticipated Impacts On Physicians' Standard Of Care, Iria Giuffrida, Taylor Treece
Faculty Publications
As Artificial Intelligence (AI) tools become increasingly present across industries, concerns have started to emerge as to their impact on professional liability. Specifically, for the medical industry--in many ways an inherently "risky" business--hospitals and physicians have begun evaluating the impact of Al tools on their professional malpractice risk. This Essay seeks to address that question, zooming in on how AI may affect physicians' standard of care for medical malpractice claims.
Judging Equivalents,
2020
Santa Clara Law
Judging Equivalents, Lim, Daryl
Santa Clara High Technology Law Journal
JUDGING EQUIVALENTS
The Replicability Crisis In Patent Law,
2020
Boston University School of Law
The Replicability Crisis In Patent Law, Janet Freilich
Faculty Scholarship
There is a “replicability crisis” in the scientific literature. Scientists attempting to redo experiments in reputable, peer-reviewed journals have found that staggering numbers of these experiments—up to 90%—do not work. Patents, like scientific articles, contain experiments. These experiments often form the backbone of the patent and provide crucial support for patentability. Patent examiners use these experiments to evaluate whether the invention works, and thus whether the patent should be granted. The replicability crisis in the scientific literature is therefore of utmost importance to the patent system. Transferring the insights of the replicability crisis to patents begs the question of whether …
