J.D. Benjamin N. Cardozo School of Law, 2015; B.S. Carnegie Mellon University, 2012. Thanks to Professor Lester Brickman and JS for their feedback.
J.D. Benjamin N. Cardozo法学院，2015;卡耐基梅隆大学学士学位，2012年。感谢Lester Brickman教授和JS的反馈。
{"title":"The Use of Non-Confidential and Limited Confidential Information Obtained by Metadata Mining Outside the Context of Discovery Should Be Ethically Permissible","authors":"Michelle Chu","doi":"10.5195/TLP.2015.176","DOIUrl":"https://doi.org/10.5195/TLP.2015.176","url":null,"abstract":"J.D. Benjamin N. Cardozo School of Law, 2015; B.S. Carnegie Mellon University, 2012. Thanks to Professor Lester Brickman and JS for their feedback.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"402 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127593284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A scientific study published in Science in August 2014 revealed that every human lives inside their own microbial germ cloud, which is both mobile and traceable. While microbiomes can potentially revolutionize the field of medicine, they may also transform the field of law by its use in tracking and identifying criminals.
{"title":"Microbiomes Germ Clouds and the Future of DNA Jurisprudence","authors":"J. Salyards","doi":"10.5195/TLP.2015.178","DOIUrl":"https://doi.org/10.5195/TLP.2015.178","url":null,"abstract":"A scientific study published in Science in August 2014 revealed that every human lives inside their own microbial germ cloud, which is both mobile and traceable. While microbiomes can potentially revolutionize the field of medicine, they may also transform the field of law by its use in tracking and identifying criminals.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127908542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article addresses the political and regulatory issues facing V2V implementation while promoting the larger policy question of greater wireless access. Opening the heavily regulated electromagnetic spectrum to greater commercial use benefits American consumers, advances technological innovations, and could create hundreds of thousands of jobs. V2V technology holds tremendous promise for improving vehicle safety and reducing fatalities, and deploying V2V as soon as possible could save thousands of lives.
{"title":"Spectrum Sharing in the Context of Vehicle-to-Vehicle Technology: Bureaucratic Hoops, Fierce Competition, Political Maneuverings, and the Larger Policy Issue","authors":"Colleen A. Mallick","doi":"10.5195/TLP.2015.181","DOIUrl":"https://doi.org/10.5195/TLP.2015.181","url":null,"abstract":"This article addresses the political and regulatory issues facing V2V implementation while promoting the larger policy question of greater wireless access. Opening the heavily regulated electromagnetic spectrum to greater commercial use benefits American consumers, advances technological innovations, and could create hundreds of thousands of jobs. V2V technology holds tremendous promise for improving vehicle safety and reducing fatalities, and deploying V2V as soon as possible could save thousands of lives.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133634130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Weaponized Police Drones and Their Effect on Police Use of Force","authors":"Kyle Stelmack","doi":"10.5195/TLP.2015.172","DOIUrl":"https://doi.org/10.5195/TLP.2015.172","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128338327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Embracing the Imminent: Proposed Legislation for Automated Cars in Pennsylvania","authors":"Katelyn Sheinberg","doi":"10.5195/TLP.2015.171","DOIUrl":"https://doi.org/10.5195/TLP.2015.171","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133331786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The First Amendment protects one of our most precious rights as citizens of the United States—the freedom of speech. Such protection has withstood the test of time, even safeguarding speech that much of the population would find distasteful. There is one form of speech which cannot be protected: the true threat. However, the definition of what constitutes a "true threat" has expanded since its inception. In the new era of communication—where most users post first and edit later—the First Amendment protection we once possessed has been eroded as more and more speech is considered proscribable as a "true threat." In order to adequately protect both the public at large and our individual right to free speech, courts should analyze a speaker’s subjective intent before labeling speech a "true threat." Though many courts have adopted an objective, reasonable listener test, the U.S. Supreme Court now has the opportunity, in deciding Elonis v. United States, to take a monumental step in protecting the First Amendment right to free speech. By holding that the speaker’s subjective intent to threaten is necessary for a true threat conviction, the Court will restore the broad protection afforded by the First Amendment and repair years of erosion caused by an objective approach.
{"title":"Elonis v. United States: The Doctrine of True Threats: Protecting Our Ever-Shrinking First Amendment Rights in the New Era of Communication","authors":"M. M. Roark","doi":"10.5195/TLP.2015.162","DOIUrl":"https://doi.org/10.5195/TLP.2015.162","url":null,"abstract":"The First Amendment protects one of our most precious rights as citizens of the United States—the freedom of speech. Such protection has withstood the test of time, even safeguarding speech that much of the population would find distasteful. There is one form of speech which cannot be protected: the true threat. However, the definition of what constitutes a \"true threat\" has expanded since its inception. In the new era of communication—where most users post first and edit later—the First Amendment protection we once possessed has been eroded as more and more speech is considered proscribable as a \"true threat.\" In order to adequately protect both the public at large and our individual right to free speech, courts should analyze a speaker’s subjective intent before labeling speech a \"true threat.\" Though many courts have adopted an objective, reasonable listener test, the U.S. Supreme Court now has the opportunity, in deciding Elonis v. United States, to take a monumental step in protecting the First Amendment right to free speech. By holding that the speaker’s subjective intent to threaten is necessary for a true threat conviction, the Court will restore the broad protection afforded by the First Amendment and repair years of erosion caused by an objective approach.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128686030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Spring 2015 Table of Contents and Publication Information","authors":"S. Franklin","doi":"10.5195/TLP.2015.175","DOIUrl":"https://doi.org/10.5195/TLP.2015.175","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121300533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The America Invents Act (“AIA”) introduced a prior user defense into the U.S. patent system. Although this defense exists in most world patent systems, the AIA version—replete with ambiguities and exceptions—raises several interpretive problems. This Article provides a detailed analysis of this novel AIA provision in the context of legislative history and global experience, and argues for the clarification and expansive interpretation of several ambiguous terms designed to prevent the statute’s negative impact on individual inventors.
{"title":"America Invents Act's Prior User Defense: Lessons from Global Patent Regimes and Legislative History","authors":"Aleksey Khamin","doi":"10.5195/tlp.2015.166","DOIUrl":"https://doi.org/10.5195/tlp.2015.166","url":null,"abstract":"The America Invents Act (“AIA”) introduced a prior user defense into the U.S. patent system. Although this defense exists in most world patent systems, the AIA version—replete with ambiguities and exceptions—raises several interpretive problems. This Article provides a detailed analysis of this novel AIA provision in the context of legislative history and global experience, and argues for the clarification and expansive interpretation of several ambiguous terms designed to prevent the statute’s negative impact on individual inventors.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121414838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Recreational UAVs: Going Rogue with Pennsylvania's Strict Products Liability Law Post-Tincher","authors":"Lindsey E. Buckley","doi":"10.5195/TLP.2015.170","DOIUrl":"https://doi.org/10.5195/TLP.2015.170","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131733198","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The U.S. Tax Code has become so confusing and complex that tax professionals have gone from being a luxury to a necessity. Compound this complexity with the added layer of intricacy found at the state level and this already complex system becomes a labyrinth. While society has favored technological advances, the tax system has not. In particular, telecommuters have found themselves in a sort of limbo – working from home while sometimes simultaneously “working” at their employer’s location. This Note focuses on how this hypothetical of the 1980’s is today a reality, and how the courts of select states have approached this new paradigm. Specifically, this Note elaborates on the positions taken by New York and New Jersey, both major commuting states who have issued relating decisions, as well as what these decisions mean for residents of neighboring states like Connecticut and Pennsylvania. Finally, this Note advocates for uniformity between states, praises existing state policies such as Pennsylvania and New Jersey's, among others, and hopes to revive proposed unifying legislation in light of recent cases.
{"title":"The Chilling Realities of the Telecommuting Tax: Adapting Twentieth Century Policies for Twenty-First Century Technologies","authors":"M. Kraich","doi":"10.5195/TLP.2015.167","DOIUrl":"https://doi.org/10.5195/TLP.2015.167","url":null,"abstract":"The U.S. Tax Code has become so confusing and complex that tax professionals have gone from being a luxury to a necessity. Compound this complexity with the added layer of intricacy found at the state level and this already complex system becomes a labyrinth. While society has favored technological advances, the tax system has not. In particular, telecommuters have found themselves in a sort of limbo – working from home while sometimes simultaneously “working” at their employer’s location. This Note focuses on how this hypothetical of the 1980’s is today a reality, and how the courts of select states have approached this new paradigm. Specifically, this Note elaborates on the positions taken by New York and New Jersey, both major commuting states who have issued relating decisions, as well as what these decisions mean for residents of neighboring states like Connecticut and Pennsylvania. Finally, this Note advocates for uniformity between states, praises existing state policies such as Pennsylvania and New Jersey's, among others, and hopes to revive proposed unifying legislation in light of recent cases.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125760385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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