For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, 2014 University of Georgia School of Law
For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg
Georgia Journal of International & Comparative Law
No abstract provided.
Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, 2014 University of Michigan Law School
Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson
University of Michigan Journal of Law Reform Caveat
"Firt love is only a little foolishness and a lot of curiosity." -- George Bernard Shaw Teenagers will explore their sexuality; this is no new phenomenon. However, the ways that teens are exploring their curiosity is changing with technology. This trend has serious repercussions for teens, society, and the law. ‘Sexting’—defined as the act of sending sexually explicit photographs or messages via cell phone—is one recently-developed means of sexual exploration. The practice overlaps with the production, distribution, and possession of child pornography that is banned by both state and federal law. Due to the overlap, minors have been prosecuted under …
International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, 2014 University of Georgia School of Law
International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald
Georgia Journal of International & Comparative Law
No abstract provided.
One Hundred Nos: An Empirical Analysis Of The First 100 Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews, 2014 American University
One Hundred Nos: An Empirical Analysis Of The First 100 Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews, Jonathan R. K. Stroud, Jarrad Wood
Jonathan R. K. Stroud
Tasked in 2011 with creating three powerful new patent review trial regimes, the U.S. Patent and Trademark Office—through the efforts of their freshly empowered quasi-judicial body, the Patent Trial and Appeals Board—set to creating a fast-paced trial with minimal discovery and maximum efficiency. In the first two years of existence, the proceedings have proved potent, holding unpatentable many of the claims that reach decisions on the merits. Yet a small subsection of petitions never make it past the starting gate, resulting in wasted time and effort on the parts of petitioners—and likely sighs of relief from the rights-holders. Parties on …
Regulation Of Chemical Risks: Lessons For Tsca Reform From Canada And The European Union, 2014 Indiana University - Bloomington
Regulation Of Chemical Risks: Lessons For Tsca Reform From Canada And The European Union, Adam Abelkop, John D. Graham
Adam Abelkop
The United States Congress is considering reform of the Toxic Substances Control Act (TSCA) of 1976. This Article compares recent reforms in Europe and Canada in order to draw lessons for TSCA reform. In 2006, the European Union enacted the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) regulation while Canada used existing authority under the Canadian Environmental Protection Act (CEPA) of 1999 to initiate the 2006 Chemicals Management Plan (CMP). Focusing on the tens of thousands of industrial chemicals now in use in the US, we offer several suggestions for TSCA reform based on the European and Canadian experiences. …
Innovations In Mobile Broadband Pricing, 2014 Boston College
Innovations In Mobile Broadband Pricing, Daniel Lyons
Daniel Lyons
No abstract provided.
Legal And Scientific Flaws In The Myriad Genetics Litigation, 2014 University of Maryland - Baltimore
Legal And Scientific Flaws In The Myriad Genetics Litigation, Eric Grote
Eric Grote
In Association for Molecular Pathology v. Myriad Genetics, the Supreme Court held that Myriad’s isolated BRCA DNA patent claims were invalid because an isolated DNA with the same sequence as a natural DNA is a product of nature. The decision has two fundamental flaws. First, due to a faulty claim construction by the trial court, the Supreme Court was never informed that isolated DNA is a synthetic molecule that is not actually isolated from nature, or that isolated DNA lacks functional information encoded by chemical modifications present in natural human DNA. Second, the Court ignored a long line of …
Digital Innocence, 2014 Washington & Lee University School of Law
Digital Innocence, Joshua A.T. Fairfield, Erik Luna
Erik Luna
Recent revelations have shown that almost all online activity and increasing amounts of offline activity are tracked using Big Data and data mining technologies. The ensuing debate has largely failed to consider an important consequence of mass surveillance: the obligation to provide access to information that might exonerate a criminal defendant. Although information technology can establish innocence—an ability that will only improve with technological advance—the fruits of mass surveillance have been used almost exclusively to convict. To address the imbalance and inform public dialogue, this Article develops the concept of “digital innocence” as a means of leveraging the tools of …
Digital Innocence, 2014 Washington & Lee University School of Law
Digital Innocence, Joshua A.T. Fairfield, Erik Luna
Joshua A.T. Fairfield
Recent revelations have shown that almost all online activity and increasing amounts of offline activity are tracked using Big Data and data mining technologies. The ensuing debate has largely failed to consider an important consequence of mass surveillance: the obligation to provide access to information that might exonerate a criminal defendant. Although information technology can establish innocence—an ability that will only improve with technological advance—the fruits of mass surveillance have been used almost exclusively to convict. To address the imbalance and inform public dialogue, this Article develops the concept of “digital innocence” as a means of leveraging the tools of …
Voice Over Internet Protocol: An International Approach To Regulation, 2014 University of Georgia School of Law
Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders
Georgia Journal of International & Comparative Law
No abstract provided.
No Worldwide Consensus: The United Nations Declaration On Human Cloning, 2014 University of Georgia School of Law
No Worldwide Consensus: The United Nations Declaration On Human Cloning, Channah Jarrell
Georgia Journal of International & Comparative Law
No abstract provided.
Presentation, The Perils Of Internet Interconnection Disclosure, 2014 Boston College
Presentation, The Perils Of Internet Interconnection Disclosure, Daniel Lyons
Daniel Lyons
No abstract provided.
Who's Virus Is It Anyway? How The World Health Organization Can Protect Against Claims Of "Viral Sovereignty", 2014 University of Georgia School of Law
Who's Virus Is It Anyway? How The World Health Organization Can Protect Against Claims Of "Viral Sovereignty", Jason Carter
Georgia Journal of International & Comparative Law
No abstract provided.
"Honey I Blew Up The World!"? One Small Step Towards Filling The Regulatory "Black Hole" At The Intersection Of High-Energy Particle Colliders And International Law, 2014 University of Georgia School of Law
"Honey I Blew Up The World!"? One Small Step Towards Filling The Regulatory "Black Hole" At The Intersection Of High-Energy Particle Colliders And International Law, Samuel J. Adams
Georgia Journal of International & Comparative Law
No abstract provided.
Regulating Weaponized Nanotechnology: How The International Criminal Court Offers A Way Forward, 2014 University of Georgia School of Law
Regulating Weaponized Nanotechnology: How The International Criminal Court Offers A Way Forward, Lucas D. Bradley
Georgia Journal of International & Comparative Law
No abstract provided.
Social Media Policy Confusion: The Nlrb's Dated Embrace Of Concerted Activity Misconstrues The Realities Of Twenty-First Century Collective Action, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Social Media Policy Confusion: The Nlrb's Dated Embrace Of Concerted Activity Misconstrues The Realities Of Twenty-First Century Collective Action, Geordan G. Logan
Nevada Law Journal
No abstract provided.
Empiricism In Daubert And The California Supreme Court In Sargon, 2014 Santa Barbara College of Law
Empiricism In Daubert And The California Supreme Court In Sargon, Robert Sanger
Robert M. Sanger
California has become a Daubert state. In Sargon v. The University of Southern California, the California Supreme Court held that judges are the “gatekeepers” with regard to expert or scientific evidence in this state, just as has been the case in the federal system (and many other states) since the decision in Daubert. Now that California is avowedly a Daubert state, it is important to understand why courtroom evidence – scientific, expert or, for that matter, otherwise – is properly grounded in empiricism. Empiricism is the theory that knowledge is derived from experience. Understanding this empirical basis for both Daubert …
Interpreting, 2014 University of Massachusetts Amherst
Interpreting, Stephanie Jo Kent
Doctoral Dissertations
What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …
The Costs And Benefits Of Regulatory Intervention In Internet Service Provider Interconnection Disputes: Lessons From Broadcaster-Cable Retransmission Consent Negotiations, 2014 Penn State University
The Costs And Benefits Of Regulatory Intervention In Internet Service Provider Interconnection Disputes: Lessons From Broadcaster-Cable Retransmission Consent Negotiations, Rob Frieden
Rob Frieden
This paper considers what limited roles the FCC may lawfully assume to ensure timely and fair interconnection and compensation agreements in the Internet ecosystem. The paper examines the FCC’s limited role in broadcaster-cable television retransmission consent negotiations with an eye toward assessing the applicability of this model. The FCC explicitly states that it lacks jurisdiction to prescribe terms, or to mandate binding arbitration. However, it recently interpreted its statutory authority to ensure “good faith” negotiations as allowing it to constrain broadcaster negotiating leverage by prohibiting multiple operators, having the largest market share, from joining in collective negotiations with cable operators. …
Internet Protocol Television And The Challenge Of “Mission Critical” Bits., 2014 Penn State University
Internet Protocol Television And The Challenge Of “Mission Critical” Bits., Rob Frieden
Rob Frieden
The Internet increasingly provides an alternative distribution medium for video and other types of high value, bandwidth intensive content. Many consumers have become “technology agnostic” about what kind of wireline or wireless medium provides service. However, they expect carriers to offer access anytime, anywhere, via any device and in any format. These early adopters of new technologies and alternatives to “legacy” media have no patience with the concept of “appointment television” that limits access to a specific time, on a single channel and in only one presentation format. This paper assesses whether and how Internet Service Providers (“ISPs”) can offer …