Volume 2 Issue 1 (2011),
2011
Case Western Reserve University School of Law
Volume 2 Issue 1 (2011), Journal Of Law, Technology, & The Internet
Journal of Law, Technology, & the Internet
No abstract provided.
Collateral Damage: Insecurity Assets In The Rising Virtual Age Of E-Commerce,
2011
Case Western Reserve University School of Law
Collateral Damage: Insecurity Assets In The Rising Virtual Age Of E-Commerce, Steven Chang
Journal of Law, Technology, & the Internet
No abstract provided.
Volume 2 Issue 2 (2011),
2011
Case Western Reserve University School of Law
Volume 2 Issue 2 (2011), Case Western Reserve Journal Of Law, Technology & The Internet
Journal of Law, Technology, & the Internet
No abstract provided.
Short-Sighted Value Of Inefficiency: Why We Should Mind The Gap In The Reimbursement Of Outpatient Prescription Drugs, The,
2011
Case Western Reserve University School of Law
Short-Sighted Value Of Inefficiency: Why We Should Mind The Gap In The Reimbursement Of Outpatient Prescription Drugs, The, Jennifer L. Herbst
Journal of Law, Technology, & the Internet
No abstract provided.
The Rise Of The Producer-Novelist: Shifting Perceptions Of Authorship In Transmedia Publishing,
2011
Case Western Reserve University School of Law
The Rise Of The Producer-Novelist: Shifting Perceptions Of Authorship In Transmedia Publishing, Michael Jon Anderson
Journal of Law, Technology, & the Internet
No abstract provided.
2 Obscenity Standards, 1 Neat Solution: How Geotargeting Extends Traditional Obscenity Law To The Internet,
2011
Case Western Reserve University School of Law
2 Obscenity Standards, 1 Neat Solution: How Geotargeting Extends Traditional Obscenity Law To The Internet, Mason J. Kjar
Journal of Law, Technology, & the Internet
No abstract provided.
Introduction, The .Xxx Factor,
2011
Skadden, Arps, Slate, Meagher & Flom LLP
Introduction, The .Xxx Factor, Rita Rodin Johnston
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Adult Websites And The Top-Level Domain Debate: Icann's Adoption Of .Xxx Dras Adult-Industry Ire,
2011
The Pennsylvania State University
Adult Websites And The Top-Level Domain Debate: Icann's Adoption Of .Xxx Dras Adult-Industry Ire, Robert D. Richards, Clay Calvert
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Unraveling The Exclusionary Rule: From Leon To Herring To Robinson - And Back?,
2011
Penn State Law
Unraveling The Exclusionary Rule: From Leon To Herring To Robinson - And Back?, David H. Kaye
Faculty Scholarship
The Fourth Amendment exclusionary rule began to unravel in United States v. Leon. The facts were compelling. Why exclude reliable physical evidence from trial when it was not the constable who blundered, but “a detached and neutral magistrate” who misjudged whether probable cause was present and issued a search warrant? Later cases applied the exception for “good faith” mistakes to a police officer who, pursuing a grudge against a suspect, arrested and searched him and his truck on the basis of a false and negligent report from a clerk in another county of an outstanding arrest warrant. The California Supreme …
Dna Database Trawls And The Definition Of A Search In Boroian V. Mueller,
2011
Penn State Law
Dna Database Trawls And The Definition Of A Search In Boroian V. Mueller, David H. Kaye
Faculty Scholarship
As a general matter, once the government acquires information from a permissible search or seizure, it can use this information in later criminal investigations. Courts have applied this simple rule to uphold the indefinite reuse of DNA samples acquired from convicted offenders. This essay describes the First Circuit Court of Appeals’ reliance on the rule in rejecting a convicted offender’s claim that his DNA sample and profile had to be removed from the federal DNA databank after he completed his sentence. Acknowledging that the rule permitting reuse should not be applied mechanically, I argue that the rule's application to DNA …
The "Hot News" Misappropriation Doctrine, The Crumbling Newspaper Industry, And Fair Use As Friend And Foe: What Is Necessary To Preserve "Hot News"?,
2011
Benjamin N. Cardozo School of Law
The "Hot News" Misappropriation Doctrine, The Crumbling Newspaper Industry, And Fair Use As Friend And Foe: What Is Necessary To Preserve "Hot News"?, Jeena Moon
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose,
2011
Benjamin N. Cardozo School of Law
Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen
Cardozo Arts & Entertainment Law Journal
No abstract provided.
One Web To Unite Us All: Bridging The Digital Divide,
2011
Benjamin N. Cardozo School of Law
One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
American Library Association, Bradburn, And The Movement To Censor The Internet,
2011
Benjamin N. Cardozo School of Law
American Library Association, Bradburn, And The Movement To Censor The Internet, Olivia J. Greer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Patenting Genes And Genetic Methods: What’S At Stake?,
2011
Penn State Law
Patenting Genes And Genetic Methods: What’S At Stake?, Eileen M. Kane
Faculty Scholarship
The emergence of genetic medicine following decades of molecular biology research has been accompanied by the procurement of patent rights to many medically significant genes and methods for their use. The intellectual force of reductionism in the life sciences – to explain biological phenomena with molecular precision – generates direct conflicts with patent law’s exclusion of basic knowledge from patenting: laws of nature, natural phenomena, and abstract ideas must remain in the public domain. This is a period of renewed attention to the issue of patentable subject matter in the life sciences, with a particular focus on genetic patenting. Patents …
There Will Be Blood ... Testing: The Intersection Of Professional Sports And The Genetic Information Nondiscrimination Act Of 2008,
2011
Vanderbilt University Law School
There Will Be Blood ... Testing: The Intersection Of Professional Sports And The Genetic Information Nondiscrimination Act Of 2008, Jesse A. Bland
Vanderbilt Journal of Entertainment & Technology Law
Genetic testing, professional baseball, and employment discrimination seldom intersect. This Note changes that. Thanks to scientific breakthroughs in genetic research over the past half-century, genetic testing is a powerful tool for producing rich, individualized information. Progress comes at a price, however. As genetic testing has advanced and become more prevalent, so too has the potential misuse of genetic information. A recently enacted federal law--the Genetic Information Nondiscrimination Act of 2008 (GINA)--seeks to eliminate one such threat by prohibiting the improper use of genetic information in employment decisions. While the law gained congressional momentum after tales of abuse in blue-collar industries, …
Super Deference, The Science Obsession, And Judicial Review As Translation Of Agency Science,
2011
University of Oklahoma College of Law
Super Deference, The Science Obsession, And Judicial Review As Translation Of Agency Science, Emily Hammond Meazell
Michigan Law Review
This Article explores what happens to longstanding remedies for past racial discrimination as conditions change. It shows that Congress and the Supreme Court have responded quite differently to changed conditions when they evaluate such remedies. Congress has generally opted to stay the course, while the Court has been more inclined to view change as cause to terminate a remedy. The Article argues that these very different responses share a defining flaw, namely, they treat existing remedies as fixed until they are terminated. As a result, remedies are either scrapped prematurely or left stagnant despite dramatically changed conditions. The Article seeks …
Cloning And The Lgbti Family: Cautious Optimism,
2011
Allard School of Law at the University of British Columbia
Cloning And The Lgbti Family: Cautious Optimism, Erez Aloni
All Faculty Publications
While fertile, opposite-sex couples can have children who carry a mix of their genes without involving third parties in the reproductive process, this option is not available to the majority of the LGBTI community. If this were simply a biological fact, it would not raise any equal protection or other constitutional issues. However, emerging technologies in the field of reproductive cloning may offer the LGBTI community the chance to have genetically related children - possibly even with a mix of both partners’ genes. As such, bans on federally funding research that would help to refine and ensure the safety and …
Sequential Climate Change Policy,
2011
University of Michigan Law School
Sequential Climate Change Policy, Edward A. Parson, Darshan Karwat
Articles
Successfully managing global climate change will require a process of sequential, or iterative, decision‐making, whereby policies and other decisions are revised repeatedly over multiple decades in response to changes in scientific knowledge, technological capabilities, or other conditions. Sequential decisions are required by the combined presence of long lags and uncertainty in climate and energy systems. Climate decision studies have most often examined simple cases of sequential decisions, with two decision points at fixed times and initial uncertainties that are resolved at the second decision point. Studies using this formulation initially suggested that increasing uncertainty favors stronger immediate action, while the …
Legal Reasoning And Scientific Reasoning,
2011
University of Michigan Law School
Legal Reasoning And Scientific Reasoning, Phoebe C. Ellsworth
Articles
In my presentation for the 2010 Meador Lectures on Rationality, I chose to compare legal reasoning and scientific reasoning. Both law and science pride themselves on the rationality of their intellectual methods and believe that those methods are designed to analyze questions and reach the correct conclusions by means of reason, free from cognitive or emotional biases. Of course, both law and science often fall short of this ideal at all levels, from the decisions about individual legal cases or scientific studies to the acceptance of general theories. In many ways, the biases that mislead legal and scientific thinkers are …
