Publications

Review of “The Patent Crisis and How the Courts Can Solve It”

Book by: Dan L. Burk & Mark A. Lemley Reviewed by: Victoria E. Munian Abstract: The patent system is in a crisis. Bad patents being passed and patents being abused in court have currently made patents become ineffective. Congress has tried to find a unitary system for patents, but because different industries need patents for certain needs, this unitary system is ineffective. Burk and Lemley propose that the system needs to address each individual industry in order for the system to be more effective. The authors also propose that courts should take matters into their own hands and judge on a case-by-case basis. By doing so, each industry will fully benefit from patent systems. Issues that arise from this new approach include the courts’ role, how courts can begin to change the process through using certain policy levers and the issues of seemingly judicial activism.

Amending the Digital Divide

By Allison Landwehr Abstract: This article will scrutinize the growth and pervasiveness of the Internet with regards to the disabled community and the need for Congressman Edward Markey’s (D-MA) Twenty-First Century Communication and Video Accessibility Act to be passed. Broken into seven parts, this exposé will examine the following: I. The Internet Invasion; II. Current Status of Internet Access by Persons with Disabilities; III. The Americans with Disabilities Act (ADA) and the Internet; IV. Overview of the Twenty-First Century Communications and Video Accessibility Act (TCCVA); V. Statutory Requirements and Regulations of the TCCVA; VI. Positive and Negative Aspects of the TCCVA; and VII. Concluding Remarks.

Medical Method Patents: Treating “The Physicians’ Immunity Statute

By: Fei Hu and Aaron Mallin

Abstract: The authors of this paper discuss the patentability of medical methods and address the potential defects of the “physicians’ immunity statute”. In order to preserve the merits and limit the drawbacks of the statute, this paper proposes replacing the statute by establishing a new “Medical Method Patents” regime. Possible new terms for this patent have been discussed and changes in patent examination procedure have also been introduced.

Cell Phones and the Dark Deception

Reviewed by: L. Jeffrey Kelly Author: Carleigh Cooper Abstract: This book investigates the mystery behind non-ionizing microwave radiation, namely that emitted from cell phones. The discussion begins with defining the mystery and establishing provocative questions on the topic. Next, the author develops her search for answers to the questions by addressing the roles that the government and the cell phone industry play. The story continues to unfold by identifying the commonplace conception that cell phones are safe. Immediately following are multiple chapters reviewing the many and very specific health effects caused by non-ionizing microwave radiation. The book then explores the need to have expansive cell phone coverage resulting in a cell phone antenna or tower everywhere and on everything. Lastly, the book concludes with thoughtful recommendations, especially directed at parents and their young children.

The Science of Identifying People by Their DNA, A Powerful Tool for Solving Crimes, Including Cold Cases From the Civil Rights Era

By Ju-Hyun Yoo Abstract: In the United States, DNA forensics, or the science of identifying people by their DNA, has become an indispensable criminal justice tool as it helps to identify criminals, victims' remains, and vindicate those who were wrongly convicted, including some awaiting execution. However, despite the positive contributions of DNA technology, it has also raised significant questions involving ethical, social, and legal issues that mostly concern civil liberties. This note will evaluate the development of DNA databases, and examine the advantages and problems of expanding DNA databases for criminal cases in general.

Biometrics, Retinal Scanning, and the Right to Privacy in the 21st Century

By Stephen Hoffman Abstract: Imagine it is the year 2030. As you walk down your street to visit your favorite coffee shop, a camera mounted at the nearest intersection tracks your movements. Through undetectable, infrared beam of light, the camera photographs the vasculature structure of your eyes and runs it against a database of known criminals, immigrants, and even people dissenting from popular opinion. If your retinal pattern matches that of a person listed in the database, the computer transmits this information to the proper authorities. All of this happens before you even step through the door of the coffee shop. Now, imagine if private companies, instead of the government, are the ones running those cameras. Retinal vascular patterns have been shown to anticipate future illnesses as well as conclusively identify hereditary or genetic conditions from which the individual suffers. What if a health insurance company installs these cameras outside its offices to identify individuals and detect disorders and illnesses before they walk through the door? This note discusses biometric analysis and raises concerns that such an intrusive procedure may have on the privacy rights of those being examined.

Open Source or Open Season?: What legal professionals need to know about open source software before dealing in corporate transactions and the ramifications of GPLv3

By Emily Prudente Abstract: With the Internet's growing ubiquity and prevalence, the use of open source software has increased and evolved rapidly. The unique licensing schemes covering open source software make it particularly intriguing from a legal perspective, and for uninformed legal professionals. Without an acute understanding of the details of these licenses, the world of open source code quickly becomes treacherous and ripe with potential pitfalls. For attorneys practicing corporate law, intellectual property law, or those who serve as general counsel to technology companies, awareness of the increasingly complex world of open source licensing is of paramount importance. Companies stand to lose a great deal, in some cases, everything, if open source code is not properly managed. This note will focus on what legal professionals need to know about open source software before dealing in corporate transactions.

I, Robot- I, Criminal- When Science Fiction Becomes Reality: Legal Liability of AI Robots committing Criminal Offenses

By Gabriel Hallevy Abstract: Can society impose criminal liability upon robots? The technological world has changed rapidly. Simple human activities are being replaced by robots. As long as humanity used robots as mere tools, there was no real difference between robots and screwdrivers, cars or telephones. When robots became sophisticated, we used to say that robots think for us. The problem began when robots evolved from thinking machines into thinking machines or Artificial Intelligence Robots. Could they become dangerous? Unfortunately, they already are. People's fear of AI robots, in most cases, is based on the fact that AI robots are not considered to be subject to the law, specifically to criminal law. This note explores which kind of laws or ethics are appropriate to govern the behavior of AI Robots and who has the authority to decide a robot's faith.

Review of “Against Intellectual Monopoly”

Reviewed by: Susan C. Azzarelli Book by: Michele Boldrin & David K. Levine Summary: This book asks whether patents and copyrights are essential to creation and innovation based on recent controversies in intellectual property. The authors found that a teenager being sued for “pirated” music and the inability of patients in Africa to pay for AIDS medication show that patents and copyrights are not needed. They illustrate that “intellectual monopoly” hinders the competitive free market and the authors agree that patents and copyrights as they exist today should be eliminated.

The Stem Cell Dilemma: Beacons of Hope or Harbingers of Doom?

Reviewed by: Heather Giglio Authors: LEO FURCHT & WILLIAM HOFFMAN, THE STEM CELL DILEMMA: BEACONS OF HOPE OR HARBINGERS OF DOOM? (Arcade Publishing 2008). Summary: People are intrigued by all the possibilities and hope that stem cell research has to offer. In a time where we are so technologically advanced and interested in finding cures for so many debilitating and potentially life-threatening diseases, stem cell research makes scientists hopeful that these cures will be more than just a possibility and instead a reality. Law-makers and the government as a whole are involved, as well, and need to determine whether to make such research legal and how much money to delegate to such experimentation. Society has also taken interest in this controversial topic and has been very vocal. The authors set out to discuss both sides of this controversy, highlighting the potential hopes and dangers. The authors contend that whether this knowledge and technology is used for good or evil is up to society.