Publications

By: Christopher Tommarello 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.

By: Okorie Okorocha and Matthew Standmark Abtract: The Alcohol breath test (ABT), commonly known by its commercial name as the “Breathalyzer,” is a device made popular in the United States and used by law enforcement agencies throughout the world to assess and determine the blood alcohol concentration (BAC) of individuals suspected of driving under the influence (DUI). , , With increased popularity of the automobile in the late 19th century, traffic accidents caused by individuals driving while intoxicated became a serious problem. While legislation was created making it illegal to operate a vehicle under the influence, no quantitative method existed which could assess the intoxication level of an individual. Instead, subjective field tests were used to assess drunkenness relying on identifying certain behaviors in the suspected individual. Blood tests eventually became available to determine BAC, but since drawing blood roadside from a suspected individual is not a viable option for law enforcement officials, another method was needed which could determine intoxication or BAC indirectly and in a non-invasive manner.

By: Stephanie Sgambati Single nucleotide polymorphisms (SNPs) represent the portions of our genetic makeup where human differ from each other. Mapping an individual’s profile creates a DNA fingerprint entirely unique to that individual. The primary purpose for the creation of SNP profiles has been validation of medical techniques used in reproductive medicine that require researchers to be able to definitively determine which embryo makes which baby- thus matching DNA fingerprints from infants to those from embryos. In spite of this seemingly narrow use, the potential value of the information contained in the SNP profile is enormous.

By: Mary Bertlesman This note addresses the proposed WIPO International Instrument on the Limitations and Exception for Persons with Print Disabilities. I conclude that the current growth in technology - making previously inaccessible works accessible – calls for a change to current domestic copyright law and that ratification of the proposed treaty should be this change.

By: Jen Manso Summary: This case addresses privacy rights as they relate to cell-site location data in light of the United States v. Jones decision. I argue that Jones provides little guidance and therefore cannot apply to cell-site location data for the following reasons. First, the Court did not reach the issue of cell-site location data. Second, the majority of the Court based its reasoning in property rights. Third, the majority narrowed its decision to the actual physical trespass of a GPS device placed on a vehicle and not the tracking information. Remaining loyal to Katz, a constitutional right to privacy in the information gathered via cell-site location data does not exist because the information is stored and openly available to third parties.

By: Ryan Mitchell Abstract: This article takes a multi-pronged approach to a single problem: reconciling the watershed Digital Millennium Copyright Act (DMCA) with copyright proper. In the past decade or so, litigants and courts have sought to define just what sort of rights the DMCA creates. Plaintiffs have emphasized technical interpretations of the statute where it purported to create a cause of action and brought suits to vindicate interests that often had little to do with their copyrighted works; on the other hand, defendants have sought to shield themselves with standard copyright defenses such as fair use and ignore the reality that the DMCA makes illicit different conduct and creates new rights for the copyright holder. There is a middle-ground between creation of a “supercopyright” on one side, and a superfluous statute on the other. That said, I advocate an approach utilizing statutory interpretation and a judicial rule of reason to focus on whether a plaintiff is seeking to protect the value of their copyrighted work, or is merely using the copyrighted work as a necessary technicality in a DMCA claim to enforce some other non-copyright interest. In addition, other judicial doctrines, including standing and copyright misuse have a role to play in weeding out DMCA claims premised on hypothetical injuries and oppressive uses of the copyright grant respectively. Given the increasing importance of consumer electronics and digital information in our world, a multitude of approaches is appropriate to carry out Congress’s intention that the careful balance in our copyright law continues in the digital age.

By: Laura Schumacher Abstract: Fashion is art. Fashion is a medium for designers to create new forms of expression and innovate ways to reflect on culture and society. Fashion is a reflection of culture, and like culture, it changes with time. It serves a utilitarian function and is part of our daily lives. Fashion is on the catwalk during a fashion show by one of the world’s leading designers. Fashion is one’s creative outlet to mix and match signature pieces to create a new way of personal expression. This paper will explore the nature of the fashion industry and whether we, as a society, should grant design protection under copyright law. Congress is currently considering the Design Piracy Protection Act, which would extend a form of copyright protection to fashion designs. The industry is divided on whether the legislation will impede creativity and prevent the industry from changing and evolving over time. This decision really comes down to one question; will the benefit of extending protection outweigh the negative effects? This paper will attempt to answer this question through public policy, legislative history, and industry opinion.