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September 2012 Archives

by Emily Puchalski, UMN Law Student, MJLST Notes & Comments Editor

Thumbnail-Emily-Puchalski.jpgAs scientific research and technological advancement abound in our modern world, often times the law struggles to keep up. The law's struggle to keep up is evident in debates centering on defining personhood. The question of what it means to be a person/human involves the controversial issues of abortion and evolution, which have divided our nation for decades. Although scientists are helping our understanding of what being human means by studying life at its most basic, controversy abounds regarding not only the results of the studies but also the theoretical underpinnings of even allowing the studies. As our nation becomes more polarized between conservative and liberal thinkers the struggle of defining personhood has come to the forefront in politics.

Google Glass: Augmented Realty or ADmented Realty?

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by Sarvesh Desai, UMN Law Student, MJLSTStaff

Thumbnail-Sarvesh-Desai.jpgGoogle glasses . . . like a wearable smartphone, but "weighing a few ounces, the sleek electronic device has a tiny embedded camera. The glasses also deploy what's known as a 'heads-up display,' in which data are projected into the user's field of vision on a small screen above the right eye."

google-glasses2.jpgThe glasses are designed to provide an augmented reality experience in which (hopefully useful) information can be displayed to the wearer based on what the wearer is observing in the world at that particular moment. The result could be a stunning and useful achievement, but as one commentator pointed out, Google is an advertising company. The result of Google glasses, or as Google prefers to call them "Google Glass"(since they actually have no lenses) is that advertisements following you around and continuously updating as you move through the world may soon be a reality.

Being Green by Helping the Giants Beat the Eagles

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by Nathanial Weimer, UMN Law Student, MJLST Staff

Thumbnail-Nathanial-Weimer.jpgSporting events are a nightmare in terms of the environment. The vast number of spectators involved--over 16 million paying fans attended NFL games last year, according to NBC Sports--leave behind massive amounts of trash, while stadiums face huge challenges with water conservation and electricity consumption on game days. Fans also have to transport themselves to and from the event, using large quantities of fuel. And, of course, the problem extends to all stadium events, whether professional or college, football or a different sport. Such a widespread problem needs a powerful solution, one that goes beyond merely suggesting that teams "do the right thing". The fact is, teams that effectively deal with this problem must be rewarded, and those rewards must contribute to on-field success. By linking sustainability to team performance, the green movement can benefit from the competitive spirit that drives sports.

Pandemic Flu and You

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by Eric Nielson, UMN Law Student, MJLST Staff

Thumbnail-Eric-Nielson.jpgWelcome to flu season. That wonderful time of year where we cross-contaminate millions of bioreactors in our schools and unleash the resulting concoction on humanity.

Flu kills thousands of Americans each year. The good news is that since H1N1 in 2009, we've gone without a serious flu pandemic threat. The bad news, according to researchers, is that may be just a matter of luck.

FBI Face Recognition Concerns Privacy Advocates

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by Rebecca Boxhorn, Consortium Research Associate, Former MJLST Staff & Editor

Thumbnail-Rebecca-Boxhorn.jpgHelen of Troy's face launched a thousand ships, but yours might provide probable cause. The FBI is developing a nationwide facial recognition database that has privacy experts fretting about the definition of privacy in a technologically advanced society. The $1 billion Next Generation Identification initiative seeks to harness the power of biometric data in the fight against crime. Part of the initiative is the creation of a facial photograph database that will allow officials to match pictures to mug shots, electronically identify suspects in crowds, or even find fugitives on Facebook. The use of biometrics in law enforcement is nothing new, of course. Fingerprint and DNA evidence have led to the successful incarceration of thousands. What privacy gurus worry about is the power of facial recognition technology and the potential destruction of anonymity.

Got GMOs?

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by Ude Lu, UMN Law Student, MJLST Staff.

Ude-Lue.jpgGMOs, genetically modified organisms, have long been a part of our daily diet. For example, most of the soybeans and corn on the supermarket shelves are GMOs. Currently, the issue of whether these GMOs should be labeled so that customers can make informed purchases is in a heated debate in California. California Proposition 37, which would require labeling of GMOs, will soon be voted in November this year. Proponents from both sides have poured millions of dollars into the campaign.

Hurricane Highlights Need for Better Regulatory Tools

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by Kenzie Johnson, UMN Law Student, MJLST Managing Editor

Kenzie-Johnson-Thumbnail-White-Back.jpgThe Gulf Coast just can't seem to catch a break. From the devastation of Hurricane Katrina, to the BP Deepwater Horizon oil spill, the region has had its fair share of environmental and natural disasters in recent years. Events this summer have placed the region in the news again--namely Hurricane Isaac, and perhaps less publicized, drought that has threatened fresh water supply in southern Louisiana. On the seventh anniversary of Hurricane Katrina, Hurricane Isaac made landfall causing severe flooding in rural areas along the Louisiana coast. In addition, this summer's drought has also caused water levels to drop significantly in the Mississippi River, causing saltwater to work its way up stream threatening some areas' fresh water supply.

An Individual Right to Return of Research Results

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by Keli Holzapfel, MJLST Student Editor-in-Chief

Keli-Holzapfel-Thumb-White-Back-II.pngGiven the importance of results discovered by biorepositories and their implications for an individual's health care choices, I believe that the individual has the right to receive his results despite their lack of verification. However, this right to receive results should be premised upon the individual's explicit consent to receive his results, and upon the understanding that by receiving these results, the burden of their verification shifts from the biorepostory to the individual.

The Written Description Requirement Strikes Back

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by Nihal Parkar, UMN Law Student, MJLST Staff

Nihal-Parkar-Thumbnail-White-Back.jpgThe written description requirement for patents often resembles the proverbial neglected middle child--it is left to its own devices and entrusted with its own care. The typical patent practitioner carefully chisels away at the claims with a thesaurus, and then proceeds to encase the exquisite sculpture with a glob of written description. Yes, the detailed description of the drawings and alternative embodiments may follow the core structure of the claims, but let's face it--the average specification is hardly as painfully beautiful as the average claim.

Social Media Evidence: Not just an Attorney Niche

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mjlst-logo-button.pngOnce just the province of Generation Y and high tech culture, it is not breaking news that social media is now as mainstream as . . . well . . . the internet. What is new is that social media issues are no longer just an interesting specialty niche for tech savvy lawyers, but something that likely touches most attorneys' practices.Social-Media-Evidence.PNG

A look at the rapid rise of appellate level cases involving social media evidence gives a hint at just how common social media evidence is becoming in civil litigation and criminal prosecution. The chart accompanying this post, while not a definitive study, shows the results of a Westlaw search for the number of appellate cases that likely involved the admission of evidence related to the major social media outlets -- increasing 8-fold since 2008 and doubling in the past two years.