Plausibility Under The Defend Trade Secrets Act, 16 J. Marshall Rev. Intell. Prop. L. 188 (2017),
2017
UIC School of Law
Plausibility Under The Defend Trade Secrets Act, 16 J. Marshall Rev. Intell. Prop. L. 188 (2017), Michelle Evans
UIC Review of Intellectual Property Law
With the recent passage of the Defend Trade Secrets Act (DTSA), a federal civil cause of action for trade secret misappropriation is now available. To add some familiarity to the Act, the drafters incorporated definitions similar to those of the Uniform Trade Secrets Act (UTSA). However, even though the provisions may seem familiar, there is a new requirement that is not obvious on the face of the statute- the plausibility requirement for pleading under the federal rules. To understand plausibility; however, one must understand the DTSA. Unfortunately, there is no guidance from the DTSA that can aid interpretation of the …
Conceptual Expression In A Copyright World: Protecting Ideas From The Shadow Of Preemption: A Call For Legislative Action, 17 J. Marshall Rev. Intell. Prop. L. 1 (2017),
2017
UIC School of Law
Conceptual Expression In A Copyright World: Protecting Ideas From The Shadow Of Preemption: A Call For Legislative Action, 17 J. Marshall Rev. Intell. Prop. L. 1 (2017), John R. Kettle Iii
UIC Review of Intellectual Property Law
The notion that an idea creator ought to be compensated for the product of his or her mind continues to transcend and develop in the realm of intellectual property. Although many scholars have penned that there is a value to conceptual expression in the disclosure of the idea apart from its future expression, there are others that blur the idea/expression dichotomy and take the position that ideas should be as free as air. Many academics tend to reject the traditional theories of protection, and proscribe alternatives in providing protection to conceptual expression, my article adds to and critiques the discourse …
Write Like A Patent Litigator: Avoid Common Mistakes Made By Non-Patent Lawyers, 17 J. Marshall Rev. Intell. Prop. L. 141 (2017),
2017
UIC School of Law
Write Like A Patent Litigator: Avoid Common Mistakes Made By Non-Patent Lawyers, 17 J. Marshall Rev. Intell. Prop. L. 141 (2017), Ted L. Field
UIC Review of Intellectual Property Law
Following, or not following, conventions as an attorney may lead to a question of credibility. Particularly with patent law, there are certain conventions and usage errors commonly made by practitioners who are not familiar with patent law. While these errors may be irrelevant in plain English, they are often important components in the specialized language of patent law. This article discusses the importance of these components by examining examples of particular usages that often give rise to error.
Nudging Robots: Innovative Solutions To Regulate Artificial Intelligence,
2017
Vanderbilt University Law School
Nudging Robots: Innovative Solutions To Regulate Artificial Intelligence, Michael Guihot, Anne F. Matthew, Nicolas P. Suzor
Vanderbilt Journal of Entertainment & Technology Law
There is a pervading sense of unease that artificially intelligent machines will soon radically alter our lives in ways that are still unknown. Advances in artificial intelligence (AI) technology are developing at an extremely rapid rate as computational power continues to grow exponentially. Even if existential concerns about AI do not materialize, there are enough concrete examples of problems associated with current applications of AI to warrant concern about the level of control that exists over developments in this field. Some form of regulation is likely necessary to protect society from harm. However, advances in regulatory capacity have not kept …
Body Worn Cameras With Facial Recognition Technology: When It Constitutes A Search,
2017
American University Washington College of Law
Body Worn Cameras With Facial Recognition Technology: When It Constitutes A Search, Kelly Blount
Criminal Law Practitioner
No abstract provided.
Diverse Voices: A How-To Guide For Facilitating Inclusiveness In Tech Policy,
2017
University of Washington School of Law
Diverse Voices: A How-To Guide For Facilitating Inclusiveness In Tech Policy, Lassana Magassa, Meg Young, Batya Friedman
Tech Policy Lab
The importance of creating inclusive policy cannot be overstated. In response to this challenge, the UW Tech Policy Lab (TPL) developed the Diverse Voices method in 2015. The method uses short, targeted conversations about emerging technology with “experiential experts” from under-represented groups to provide feedback on draft tech policy documents. This process works to increase the likelihood that the language in the finalized tech policy document addresses the perspectives and circumstances of broader groups of people— ideally averting injustice and exclusion.
From Alappat To Alice: The Evolution Of Software Patents,
2017
UC Law SF
From Alappat To Alice: The Evolution Of Software Patents, Fabio E. Marino, Teri H. P. Nguyen
UC Law Science and Technology Journal
No abstract provided.
Help Save The Seeds: A Call To Action For Local Governments To Introduce Legislation To Protect Community Seed Sharing, Libraries And Exchanges,
2017
UC Law SF
Help Save The Seeds: A Call To Action For Local Governments To Introduce Legislation To Protect Community Seed Sharing, Libraries And Exchanges, Jordyn Ashley Bishop
UC Law Science and Technology Journal
No abstract provided.
Front Matter,
2017
Southern Methodist University
Financial Technology Law - A New Beginning And A New Future,
2017
Queen Mary University London
Financial Technology Law - A New Beginning And A New Future, George Walker
The International Lawyer
No abstract provided.
A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles,
2017
University of Michigan Law School
A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz
Michigan Telecommunications & Technology Law Review
With concerns rising over the number and variety of state regulations, companies are increasingly looking to the federal government for guidance. Representatives from Google, GM, Lyft, and Delphi testified before Congress on March 15, urging Congress to pass a federal law concerning autonomous vehicles. While the passage of any federal legislation is unclear at this time, other parts of the federal government have been extremely active in recent months. In January 2016, the Obama administration proposed a 10-year, $4 billion investment in autonomous vehicle technology. In that same announcement, the Department of Transportation (“DOT”) committed to developing model state policy …
Cyber Economic Espionage: Corporate Theft And The New Patriot Act,
2017
UC Law SF
Cyber Economic Espionage: Corporate Theft And The New Patriot Act, Genna Promnick
UC Law Science and Technology Journal
No abstract provided.
Science As Speech,
2017
University of Baltimore School of Law
Science As Speech, Natalie Ram
All Faculty Scholarship
In April 2015, researchers in China reported the successful genetic editing of human embryos using a new technology that promised to make gene editing easier and more effective than ever before. In the United States, the announcement drew immediate calls to regulate or prohibit
outright any use of this technology to alter human embryos, even for purely research purposes. The fervent response to the Chinese announcement was, in one respect, unexceptional. Proposals to regulate or prohibit scientific research following a new breakthrough occur with substantial frequency. Innovations in cloning technology and embryonic stem cell research have prompted similar outcries, and …
Creating A Data Resource: What Will It Take To Build A Medical Information Commons?,
2017
Duke Law School
Creating A Data Resource: What Will It Take To Build A Medical Information Commons?, Patricia A. Deverka, Mary A. Majumder, Angela G. Villanueva, Margaret Anderson, Annette C. Bakker, Jessica Bardill, Eric Boerwinkle, Tania Bubela, Barbara J. Evans, Nanibaa’ A. Garrison, Richard A. Gibbs, Robert Gentleman, David Glazer, Melissa M. Goldstein, Hank Greely, Crane Harris, Bartha M. Knoppers, Barbara A. Koenig, Isaac S. Kohane, Salvatore La Rosa, John Mattison, Christopher J. O’Donnell, Arti K. Rai, Heidi L. Rehm, Laura L. Rodriguez, Robert Shelton, Tania Simoncelli, Sharon F. Terry, Michael S. Watson, John Wilbanks, Robert Cook-Deegan, Amy L. Mcguire
Faculty Scholarship
National and international public–private partnerships, consortia, and government initiatives are underway to collect and share genomic, personal, and healthcare data on a massive scale. Ideally, these efforts will contribute to the creation of a medical information commons (MIC), a comprehensive data resource that is widely available for both research and clinical uses. Stakeholder participation is essential in clarifying goals, deepening understanding of areas of complexity, and addressing long-standing policy concerns such as privacy and security and data ownership. This article describes eight core principles proposed by a diverse group of expert stakeholders to guide the formation of a successful, sustainable …
Authenticating Digital Evidence,
2017
Duke Law School
Authenticating Digital Evidence, Paul W. Grimm, Daniel J. Capra, Gregory P. Joseph
Faculty Scholarship
No abstract provided.
The Cost Of Hope At The End Of Life: An Analysis Of State Right-To-Try Statutes,
2017
University of Kentucky
The Cost Of Hope At The End Of Life: An Analysis Of State Right-To-Try Statutes, Tamara J. Patterson
Kentucky Law Journal
No abstract provided.
Solar Climate Engineering And Intellectual Property: Toward A Research Commons,
2017
S.J. Quinney College of Law, University of Utah
Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jorge L. Contreras, Jesse L. Reynolds, Joshua D. Sarnoff
Utah Law Faculty Scholarship
Climate change is one of the greatest challenges confronting society today. Solar climate engineering (SCE) has the potential to reduce climate risks substantially. This controversial technology would make the earth more reflective in order to counteract global warming. Though the science of SCE is still in its infancy, SCE research and development should proceed in a coordinated, responsible, and expeditious fashion. However, the role of patents, research data, and trade secrets in SCE research remains unclear and contested. To this end, this article identifies concerns that may arise through the acquisition of intellectual property rights in SCE and proposes the …
Fundamentally Unfair: Databases, Deportation, And The Crimmigrant Gang Member,
2017
American University Washington College of Law
Fundamentally Unfair: Databases, Deportation, And The Crimmigrant Gang Member, Katherine Conway
American University Law Review
Provocative language painting immigrants as dangerous criminals and promises of increased immigration enforcement were cornerstones of Donald j Trump's presidential candidacy. As president, he has maintained this rhetoric and made good on many of his promises by broadening the definition of "criminal conduct" for immigration enforcement purposes, touting a renewed focus on immigrant gangs and cartels, and conducting several nation-wide anti-gang sweeps that placed an estimated 1095 "known" gang members in Immigration and Customs Enforcement (ICE) custody. But the Trump Administration did not create the specter of the criminal immigrant, or "crimmigrant," gang member, nor did it create the detection …
The Supreme Court’S Devaluation Of U.S. Patents,
2017
University of Missouri - Kansas City, School of Law
The Supreme Court’S Devaluation Of U.S. Patents, Christopher M. Holman
Faculty Works
In a span of three weeks during the spring of 2017, the U.S. Supreme Court issued three patent decisions, bringing the total number of patent decisions for the 2016-2017 term to six. This means that the October 2016 term ties the previous record of six patent decisions in the October 2014 term. This represents a tremendous increase in the number of patent decisions compared to earlier times, and particularly the early days of the Federal Circuit. For reference, during the first quarter of a century the Federal Circuit was in existence, the Supreme Court heard on average less than one …
Ready, Print, Fire! Regulating The 3d-Printing Revolution,
2017
Case Western Reserve University School of Law
Ready, Print, Fire! Regulating The 3d-Printing Revolution, Joseph J. Pantella Iv
Journal of Law, Technology, & the Internet
"This Article argues that governments ought to proactively consider preemptive legislative or regulatory actions regarding 3D printing. To accomplish this objective this Article looks at the concepts of “permissionless innovation” and the “precautionary principle.” These concepts represent opposing ends of the regulatory spectrum; the former promoting a “wait-and-see” approach while the latter promotes a preemptive or preventative approach to government regulation. After defining these terms the Article will describe the characteristics of technologies that lend themselves either to permissionless innovation or to the precautionary principle. It will provide a few specific areas where policies of each type have been employed, …
