Overview

Legal professionals, who work in areas where law, science, and technology converge, don't need a PhD to effectively represent their clients, but they do need a grounding in how science and technology are integrally related in today's society. Understanding how science works, what constitutes a valid science and its limitations, enables a lawyer to assess how a scientific discovery or technological innovation affects a client's interests. This book provides an easily understandable explanation of particular sciences and technologies by analyzing specific cases. The bookbegins with a survey ofthe question ""What is science?"" through two different lenses-the scientist and the legal practitioner. Examples are drawn from forensic science to illustrate the importance of practicing good science, followed by a short treatise on the philosophy of science. Next, the text focuseson the important role that definition and interpretation play in framing the legal issues dependent on science and technology. Subsequent chapters cover: Forensics Estimating (statistics, distributions, variation, etc.) Scienceand technology policy (focusing on genetic engineering) Federal evidentiary standards Fourth Amendment and communications technology Forms of technology protection (Intellectual property, copyright, software technology, trademark and the internet) Patents and transformative technology Issues in biotechnology Economic and societal impacts when law, science, and technology converge In order to effectively represent a client's interests competently where law, science, and technology come together, a lawyer must be qualified to analyze techno-scientific information as if it were within his or her sphere of knowledge. This text lays the basis for achieving this important objective.

Full Product Details

Author:   Cara Morris Cara Morris ,  Joseph R. Carvalko
Publisher:   American Bar Association
Imprint:   American Bar Association
Dimensions:   Width: 17.70cm , Height: 2.10cm , Length: 25.40cm
Weight:   0.758kg
ISBN:  

9781627226721

ISBN 10:   1627226729
Pages:   408
Publication Date:   07 June 2015
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Temporarily unavailable  
The supplier advises that this item is temporarily unavailable. It will be ordered for you and placed on backorder. Once it does come back in stock, we will ship it out to you.

Table of Contents

ContentsPreface ... xiiiIntroduction ... xvChapter 1Science in the Practice of Law ... 1ScienceA Practical Illustration of Doubt ... 3Generation One Forensic Evidence ... 3Generation Two Forensic Evidence ... 12A System of DNA Collection and Analysis ... 15Chapter 2 Language of Law and Science ... 31Through the Lens of Science ... 31A View of Reality, Truth, and Facts ... 40Scientist: Inherent Limitations? ... 43Social Reality of Science ... 45A Paradigm for Partitioning a Socially Constructed World ... 47Dichotomous Ontologies: Creation Science"" versus Evolution Science""... 52Scientific MethodA Deeper Look... 60Elements of the Scientific Method ... 66Discourse in Science ... 75Reading Statutes, Decisions ... 79Identifying the Claims in Dispute ... 80Chapter 3Art and Science of Estimating ... 83A Criteria for Logical Connectivity ... 84Comparing How We Reason in Science and Law ... 86Statistics ... 87Distributions... 87The Normal Distribution ... 89Central Tendency and Variation ... 90The Standard Normal Distribution... 90Other Types of Distributions... 91Hypothesis Testing ... 91Procedure for Statistical Hypothesis Tests... 91Three Important Statistical Concepts ... 93Type 1 and Type 2 Errors ... 95z Test of Significance ... 95Basic Design Issues ... 96Bayes's Theory and Conditional Probability ... 97Cases Illustrating the Use of Statistics ... 98Chapter 4Science and Technology Policy... 109The Emergence of a National Policy ... 109The Human Genome, Research, and Policy... 116The National Science Foundation ... 120The National Academy of Science ... 121Chapter 5Federal Evidentiary Standards ... 127Chapter 6How Technology Manifests in Law ... 139Fourth Amendment and Communications Technology ... 144Chapter 7Forms of Technology Protection ... 159Intellectual Property: Legal Object ... 159A Theory of Copyright ... 163The Technology of Software ... 172Programming ... 173Copyright and Software ... 175Digital Millennium Copyright Act ... 189Trademark and the Internet... 199Chapter 8Patents and Transformative Technology ... 207Discovery and Invention Distinguished ... 211Limits on Patentability ... 212Illustrative Claims ... 220The Interpretation of Claims... 224A Short History of Computers ... 239Mathematics in the Software... 255Turning the Corner ... 256Business Method Patents... 259Chapter 9Issues in Biotechnology ... 271A Bioengineering Primer ... 271The Language of Bioengineering... 274Life FormsEnds in Themselves ... 286Genetically Modified Plants ... 293Transgenic Nonhuman Mammals... 304DNA Sequence Identity... 308Cytological Patents ... 313Patents Based on Correlations and Causation... 313One Possible Analysis of Prometheus ... 315Patenting of Gene Sequences... 318Biological Assets and Other Ownership Issues... 336Gene Patents and Licensing Practices ... 349Ownership Regarding In Vitro Fertilization ... 350Chapter 10Not Just a Matter of Money ... 359One Possible Future ... 368Plausible Technology Trajectory ... 370Application Scenarios ... 372Regulatory Considerations ... 376Ownership of Intellectual Property ... 380Conclusion ... 383

Reviews

"""All I can say is that THIS BOOK IS ABSOLUTELY BRILLIANT!"" -- Gerald Gluck, Ph.D., LMFT, PA BCN, (Board Certified In Neurofeedback) Sr. Fellow 2 Center for Family Counseling and Biofeedback N/A, N/A"

All I can say is that THIS BOOK IS ABSOLUTELY BRILLIANT! -- Gerald Gluck, Ph.D., LMFT, PA BCN, (Board Certified In Neurofeedback) Sr. Fellow 2 Center for Family Counseling and Biofeedback N/A, N/A

Author Information

Joseph R. Carvalko is a lawyer practicing in technology law and intellectual property in Milford, CT. Cara Morris is a partner in Hoffman and Morris, PL, Florida where she represents clients as their needs relate to technology law and civil litigation.

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