Slides: Session 2, Water Supply And Quality: The Regulatory Framework, 2014 University of Colorado Law School
Slides: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Richard E. Schwartz, Crowell & Moring LLP
38 slides
E-Commerce And Electronic Payment System Risks: Lessons From Paypal, 2014 Author, Educator, Entrepreneur & Professional Corporate Director
E-Commerce And Electronic Payment System Risks: Lessons From Paypal, Lawrence J. Trautman
Lawrence J. Trautman Sr.
What are the major risks perceived by those engaged in e-commerce and electronic payment systems? What development risks, if they become reality, may cause substantial increases in operating costs or threaten the very survival of the enterprise? This article utilizes the relevant annual report disclosures from eBay (parent of PayPal), along with other eBay and PayPal documents, as a potentially powerful teaching device. Most of the descriptive language to follow is excerpted directly from eBay’s regulatory filings. My additions include weaving these materials into a logical presentation and providing supplemental sources for those who desire a deeper look (usually in …
U.S. Vs. European Broadband Deployment: What Do The Data Say?, 2014 University of Pennsylvania Carey Law School
U.S. Vs. European Broadband Deployment: What Do The Data Say?, Christopher S. Yoo
All Faculty Scholarship
As the Internet becomes more important to the everyday lives of people around the world, commentators have tried to identify the best policies increasing the deployment and adoption of high-speed broadband technologies. Some claim that the European model of service-based competition, induced by telephone-style regulation, has outperformed the facilities-based competition underlying the US approach to promoting broadband deployment. The mapping studies conducted by the US and the EU for 2011 and 2012 reveal that the US led the EU in many broadband metrics.
• High-Speed Access: A far greater percentage of US households had access to Next Generation Access (NGA) …
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law? , 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law? , Michael Vitiello
Nevada Law Journal
No abstract provided.
Transparency Trumps Technology: Reconciling Open Meeting Laws With Modern Technology, 2014 William & Mary Law School
Transparency Trumps Technology: Reconciling Open Meeting Laws With Modern Technology, Cassandra B. Roeder
William & Mary Law Review
No abstract provided.
Software Patentability After Prometheus, 2014 Georgia State University College of Law
Software Patentability After Prometheus, Joseph Holland King
Georgia State University Law Review
This Note examines the history of patentability of abstract ideas and the tests that courts have used to make the determination of whether an invention incorporating an abstract idea is patentable. Part I provides a history of the four seminal cases related to patentable subject matter, as well as some more recent on point decisions. Part II changes focus to the various tests and factors that have been used by the courts, exploring the history of each, discussing the treatment by the Supreme Court, and determining the strengths and weaknesses of each. Based on the discussion in Part II, Part …
With Great Power Comes Little Responsibility: The Role Of Online Payment Service Providers With Regards To Websites Selling Counterfeit Goods, 2014 Schulich School of Law, Dalhousie University
With Great Power Comes Little Responsibility: The Role Of Online Payment Service Providers With Regards To Websites Selling Counterfeit Goods, J. Bruce Richardson
Canadian Journal of Law and Technology
This article will explain the current avenues for intellectual property rights holders to make use of existing anti-counterfeiting policies made available by financial companies dealing in electronic payments, and argue that current policies, while helpful, are not sufficient. The article will conclude by demonstrating that policy makers have options to intervene and regulate the use of online payment services, either directly through legislation or indirectly through facilitating “best practices.”
Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, 2014 Schulich School of Law, Dalhousie University
Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe
Canadian Journal of Law and Technology
This article examines the Voltage decision, with the view that the bona fide standard safeguards intellectual property rights at the cost of online privacy rights and will proceed in three parts. Part I provides a brief contextualization of the issues. Part II is an analysis of the Voltage decision. Part III examines how the bona fide standard is a relatively low threshold. This article concludes by considering the possibility of shifting to a higher standard for disclosure, as well as a possible solution for the effect that a higher standard could have on copyright owners.
Access Of Evil? Legislating Online Youth Privacy In The Information Age, 2014 Harvard Law School
Access Of Evil? Legislating Online Youth Privacy In The Information Age, Agathon Fric
Canadian Journal of Law and Technology
This article seeks to address what constitutes youth online privacy, how youth conceive of their privacy, whether their privacy needs protecting, and, if so, how youth privacy should be regulated online. First, the article begins by rooting the issue of online youth privacy in the current social, technological, economic, political, and legal context, drawing on social science research to demonstrate both the threats and opportunities created by technology for youth privacy.
Second, the analysis focuses on the relative strengths and weaknesses of current federal legislation as the primary law governing the collection, use, and disclosure of youth’s personal information through …
The Song Remains The Same: Preserving The First Sale Doctrine For A Secondary Market Of Digital Music, 2014 Schulich School of Law, Dalhousie University
The Song Remains The Same: Preserving The First Sale Doctrine For A Secondary Market Of Digital Music, Marco Figliomeni
Canadian Journal of Law and Technology
This article will explore the origins and rationale for the first sale doctrine. A review of the most recent American case law shows the court rejecting the doctrine’s applicability in a digital sphere. I suggest that in spite of the court’s rigid interpretation of the U.S. Copyright Act, formulating a digital first sale doctrine is a matter better left to lawmakers. A flourishing digital secondary market can promote competition and innovation while making content more accessible to the public, but its endorsement requires an appreciation of its adverse effect on the primary market for copyright owners. The article fast-forwards to …
Regulating Three-Dimensional Printing: The Converging Worlds Of Bits And Atoms, 2014 University of San Diego
Regulating Three-Dimensional Printing: The Converging Worlds Of Bits And Atoms, Lucas S. Osborn
San Diego Law Review
Three-dimensional printing (3D printing) is invading society, bringing with it the ability to “print” objects (atoms) from computer files (bits). Posting a computer-assisted design (CAD) file of an object—an illegal gun or an infringing shoe—to the Internet essentially makes the physical object available to the world. The technology portends dramatic shifts in manufacturing, trade, medicine, and more and will require a legal regime that integrates the legal concepts governing the digital and physical worlds. This Article represents the first broad descriptive and normative study of this technology and its multivalent effects on law. The Article separates truly novel legal issues …
Combining Familial Searching And Abandoned Dna: Potential Privacy Outcomes And The Future Of Canada's National Dna Data Bank, 2014 Schulich School of Law, Dalhousie University
Combining Familial Searching And Abandoned Dna: Potential Privacy Outcomes And The Future Of Canada's National Dna Data Bank, Amy Conroy
Canadian Journal of Law and Technology
This article aims to respond to the government’s request by explaining the nature of that relationship and by arguing that the combined use of familial searching and analysis of abandoned DNA would present a serious risk for genetic privacy. The risk is particularly acute given that it would effectively circumvent the existing justification for the NDDB, leading to inclusion of individuals whose DNA profiles have not been uploaded directly onto the data bank. To substantiate this main argument, this article proceeds in three parts. The first describes the current Canadian law on familial searching and the ongoing interest in amending …
The "Progress Clause": An Empirical Analysis Based On The Constitutional Foundation Of Patent Law, 2014 Chicago-Kent College of Law
The "Progress Clause": An Empirical Analysis Based On The Constitutional Foundation Of Patent Law, Lori Andrews
Lori B. Andrews
The Fashion Lottery: Cooperative Innovation In Stochastic Markets, 2014 University of Southern California
The Fashion Lottery: Cooperative Innovation In Stochastic Markets, Jonathan Barnett, Gilles Grolleau, Sana El Harbi
Jonathan M Barnett
The fashion market is an anomaly: innovation is vigorous but original producers are substantially unprotected against imitation, which proliferates under an incomplete property regime consisting of strong trademark protections and weak design protections. We account for this anomaly through a “cooperative innovation” model where producers prefer an incomplete property regime that permits some imitation to alternative regimes that permit no imitation or all imitation, independent of budget constraints. A property regime that permits positive but limited levels of imitation operates as a form of group insurance that alleviates the risk of recoupment failure in a market characterized by demand uncertainty, …
Property As Process: How Innovation Markets Select Innovation Regimes, 2014 University of Southern California
Property As Process: How Innovation Markets Select Innovation Regimes, Jonathan M. Barnett
Jonathan M Barnett
It is commonly asserted that innovation markets suffer from excessive intellectualproperty protections, which in turn stifle output. But empirical inquiries can neither confirm nor deny this assertion. Under the “agnostic” assumption that we cannot assess directly whether intellectual-property coverage is excessive, an alternative query is proposed: can the market assess if any “propertization outcome” is excessive and then undertake actions to yield a socially preferable outcome? Grounded in the “bottom up” methodology of new institutional economics, this process-based approach takes the view that innovator populations make rent-seeking investments that continuously “select” among a range of “innovation regimes” that trade off …
From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, 2014 University of Southern California
From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett
Jonathan M Barnett
Scholarly and popular commentary often assert that markets characterized by intensive patent issuance and enforcement suffer from “patent thickets” that suppress innovation. This assertion is difficult to reconcile with continuous robust levels of R&D investment, coupled with declining prices, in technology markets that have operated under intensive patent issuance and enforcement for several decades. Using network visualization software, I show that information and communication technology markets rely on patent pools and other cross-licensing structures to mitigate or avoid patent thickets and associated inefficiencies. Based on the composition, structure, terms and pricing of selected leading patent pools in the ICT market, …
3d Printers, 2014 University of Washington School of Law
3d Printers, James Barker, Nicholas Pleasants, Peter Montine, Shudan Zhu
Technology Law and Public Policy Clinic
A preliminary report, addressing potential market disruption, the state of the law, and recommendations on future legislative action regarding consumer-grade 3D printing.
E-Commerce Regulation: Necessity, Futility, Disconnect, 2014 Singapore Management University
E-Commerce Regulation: Necessity, Futility, Disconnect, Eliza Mik
Eliza Mik
Existing e-commerce regulations constitute a premature and unnecessary interference in the natural evolution of commercial practices and technologies. I question not just their quality, mainly attributable to the technological ignorance of the regulator, but their very necessity. I observe the practical futility of drafting effective regulatory instruments in areas subject to continuous and unpredictable technological change. I criticize the overly homogenous approach to "everything Internet" (i.e. everything involving the Internet requires new law) as well as the creation of new regulatory spheres and legal categories. Some might claim that it is too early for a critical retrospective of this subject. …
Complex Litigation In The New Era Of The Ijury, 2014 Pepperdine University
Complex Litigation In The New Era Of The Ijury, Andrew J. Wilhelm
Pepperdine Law Review
This Comment argues for a comprehensive approach to legitimizing the lay jury—an approach involving education, attorney adaptation, courtroom renovations, and judicial knowledge—and a better understanding of how legal professionals can fairly and most effectively transmit knowledge to the average American. The lay jury can remain a vital, unique part of the American judicial system if the bench and bar take seriously their responsibilities and adapt to today’s new reality. Part II examines the background of three basic components of a successful contemporary trial: technology, litigation, and the jury. Part III explores how these three components have evolved in the modern …
Sharing Public Safety Helicopters, 2014 IIT Chicago-Kent College of Law
Sharing Public Safety Helicopters, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.