Neutrality in the Digital Battle Space: Applications of the Principle of Neutrality in Information Warfare

By: Allison Gaul

Abstract:  As technology develops, the spectrum of potential uses for information warfare will broaden. Creation of new applications for weaponized bits and bytes will inevitably result in the generation of new legal questions. The information warfare scenarios discussed in this article are a sample of the possible uses for digital attacks. It does not address every potential legal factor but instead examines the basis for applying the Law of Armed Conflict to information warfare that involves neutral states. Specifically, the article examines whether the Hague Convention of 1907 and subsequent Hague Rules Regarding Aerial Warfare, as pillars of the LoAC, can be reasonably applied to information warfare involving neutral states.

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The Inevitable Television Revolution: The Technology Is Ready, The Business Is Lagging, and The Law Can Help

By: Blaine Bassett

Introduction: SPOILER ALERT: A revolution is transpiring that will leave television so changed twenty years in the future as to make it unrecognizable to viewers from twenty years in the past. What is more, this proposition is hardly controversial. The ubiquity of the phrase “SPOILER ALERT” itself—now commonly applied in reference to scripted television shows, reality shows, sports contests, and other television programs to warn those who have not yet watched  the referenced program that possibly unwanted plot disclosures are to follow—illustrates the reality of the television revolution as well as anything. When people limited their television viewing to live television programs on the days and times scheduled by television stations, there was no need for such a phrase in the television context. But “SPOILER ALERT” is seen everywhere today because, to exaggerate only slightly, “the nation’s greatest secrets no longer are housed in military installations. They exist in the last seven minutes of . . . television shows. The country’s greatest fear is . . . accidentally hearing what happened 20 minutes into your third favorite television show on Wednesday nights, the ending everyone else watched two days ago.”

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Review of “Transfer of Nuclear Technology Under International Law: Case Study of Iraq, Iran and Israel”

Reviewed by: Matt Galante

Summary: The author provides an excellent summary of the international law framework guiding the safe transfer of nuclear technology for peaceful purposes between nation states. The author discusses the many benefits and uses of nuclear technology and the importance of sharing such technology throughout the world. The author focuses her legal analysis on the substantive components of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the standards outlined by the International Atomic Energy Agency (IAEA). The book ends with an examination of case studies involving the use of transferred nuclear technology in Iraq, Iran, and Israel.

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The Evolution of E-Discovery Model Orders

By: Daniel B. Garrie and Candice M. Lang

Abtract: This article analyzes the Federal Circuit’s Model Order regarding E-Discovery in patent cases (the “Model Order”). The article (i) briefly describes the purpose behind the Model Order, (ii) describes its key provisions, and then (iii) analyzes the Model Order to identify some areas of continuing concern. The authors conclude that, while it is beyond refute that the Model Order is a step in the right direction in the courts’ efforts to control and manage e-discovery, the Model Order is only a first step. In this regard, several problems, as set forth below, can potentially arise when counsel or the courts use the Model Order. It is hoped that this article will encourage judges, litigants, and other interested parties to continue trying to solve some of the still troubling aspects of e-discovery and e-discovery abuse.

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The Quasi-Autonomous Car as an Assistive Device for Blind Drivers: Overcoming Liability and Regulatory Barriers

By: Dana M. Mele

Introduction: The concept of a self-driving car is no longer the stuff of science fiction. From as early as the 1960s, engineers have worked on designs for autonomous vehicles. However, in 2004, two challenges were extended that catapulted the race into hyper-drive. The Department of Defense (“DoD”) Defense Advanced Research Projects Agency (“DARPA”) issued the first DARPA Challenge, asking engineers to compete to create an autonomous vehicle that would contribute to research and development of autonomous vehicles for military purposes. In the same year, the National Federation for the Blind (“NFB”) announced a challenge to create another type of vehicle using cutting edge intelligent technology—a car designed for blind drivers.

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U.S. Export Controls Over Cloud Computing: The Forecast Calls for Change

By: Ryan M. Murphy

Introduction:  Are you violating United States export law when you click “save” on that document? Exactly where does that file go? For some, it may travel to a server within their company’s building, but for an increasing population, that file goes “into the clouds” and out of the country. If you use a service provider to host e-mail or store data, it’s important to understand the type of data you are storing and where that information is located. Many cloud providers utilize a vast array of servers, referred to commonly as “clouds”, located all over the world.  These servers are connected and work together to provide a seamless hosting environment for users.  A significant export control issue arises when the data stored on a cloud falls within the type regulated by the Export Administration Regulations (“EAR”), and it’s sent to a server in another country. If so, you may have just unknowingly exported your data and become subject to government regulation.

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Review of “Reframing Rights: Bioconstitutionalism in the Genetic Age”

Reviewed by: Brianne Yantz
Book by: Sheila Jasanoff, et al.

Abtract: Reframing Rights: Bioconstitutionalism in the Genetic Age assesses the evolving relationship between science and the law. Specifically, the authors focus on how advances in biological sciences and biotechnology in the last century have promulgated changes regarding the legal conception of life and individual rights. Told through a series of case studies, Reframing Rights argues these changes in law and science should be considered “bioconstitutional.” Topics such as sterilization, DNA testing, and xenotransplantation are among those examined and argued by the authors as demonstrative of constitutionally significant changes that have developed between individuals, science, and the state in recent decades. With such considerable changes, the authors contend, the law must constantly evolve to maintain the balance between individual rights and state authority.

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State of Emergency: Accessibility to Emergency Communications for the Disabled in Metropolitan Areas

By: Christopher Tommarello

Abstract: An emergency situation places stress upon everyone involved, and often demands individuals work together to find a solution. Whether the victim, the rescuer, or simply a bystander, all parties are often panicked for survival and try to think quickly to right a wrong. Now, imagine trying to perform in an emergency in bustling New York City with one of your senses disabled. More specifically, imagine having to call for assistance during an emergency to either the police or fire department without having the ability to hear, and without public assistance available for aid. The United States has not fully progressed in terms of emergency situations and communication devices for those with disabilities. This has led to a current situation that threatens the disabled with possible unequal access to emergency communication devices in the near future.

Recent federal cases from the Southern District of New York illustrate the large disconnect that exists between the emergency communication systems available in the city and accessibility for those with disabilities. In Civic Association of the Deaf of New York, Inc. v. City of New York, New York City attempted to remove over 15,000 emergency call boxes located throughout the city, which would have eliminated access to emergency communications for the disabled, primarily the deaf. The court held that under the Americans with Disabilities Act (“ADA”) the City was unable to remove the call boxes without providing an alternative means of communication for the deaf, raising questions about whether current technology has outpaced the coverage afforded by the ADA.

This article examines the discrepancies between the ADA and emergency communication systems in the United States, specifically New York City, and highlights the need for the law to be amended to require that as new technology is created for emergency communications, adaptations be made to continue accessibility for those with disabilities. The rise and use of emergency call boxes in New York City, coupled with the Civic Association case, demonstrates that without a major change to the ADA it is possible that certain individuals with disabilities will be unable to communicate with emergency services in the future. Changes must be made to afford all individuals the ability to access emergency communication devices.

No individual should be concerned about whether he or she will be able to access emergency services during an emergency simply because of a disability. Instead, all individuals should feel secure knowing that in the time of need they are able to access those who can provide help and ultimately relieve a stressful situation.

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Review of “Navigating Climate Change Policy: The Opportunities of Federalism”

Reviewed by: Carly Wolfrom
Book by: Edella C. Schlager, Kristen H. Engel, and Sally Rider, eds.

Because of climate change’s inherently global nature, most proposed solutions have been tailored to a global scale. Navigating Climate Change Policy: The Opportunities of Federalism challenges the idea that because climate change is a global issue, only actions on a worldwide scale can lead to a resolution. It considers the perspective that since climate change itself has both global and local causes and implications, the most effective policies for adapting to and mitigating climate change must involve governments and communities at many different levels. The editors and authors feel federalism is well-suited to address the challenges of climate change because it permits distinctive policy responses at a variety of scales. This book uses a variety of viewpoints and blends legal and policy analyses to provide thought-provoking coverage of how governments in a federal system can cooperate, coordinate, and accommodate one another to address climate change.

Review of “Forensic Science in Court: Challenges in the Twenty-First Century”

Reviewed by: Pete Frick
Book by: Donald E. Shelton

Abtract: Forensic Science in Court: Challenges in the Twenty-First Century is a book that explores the legal implications of forensic science. Starting with the history of scientific evidence in court, the book progresses into an examination of how courts treat current types of forensic evidence, specifically how modern juries receive and weigh forensic evidence, and how judges determine what evidence can be allowed. Judge Shelton makes good use of case studies in the book to illustrate the academic points in a real-world setting.