886 research outputs found

    Reforming Public Interest Tort Law to Redress Public Health Epidemics

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    Extending Learned Hand's Negligence Formula to Information Security Breaches

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    The promise and peril of intensive-site-based ecological research: insights from the Hubbard Brook ecosystem study

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    Abstract. Ecological research is increasingly concentrated at particular locations or sites. This trend reflects a variety of advantages of intensive, site-based research, but also raises important questions about the nature of such spatially delimited research: how well does site based research represent broader areas, and does it constrain scientific discovery?We provide an overview of these issues with a particular focus on one prominent intensive research site: the Hubbard Brook Experimental Forest (HBEF), New Hampshire, USA. Among the key features of intensive sites are: long-term, archived data sets that provide a context for new discoveries and the elucidation of ecological mechanisms; the capacity to constrain inputs and parameters, and to validate models of complex ecological processes; and the intellectual cross-fertilization among disciplines in ecological and environmental sciences. The feasibility of scaling up ecological observations from intensive sites depends upon both the phenomenon of interest and the characteristics of the site. An evaluation of deviation metrics for the HBEF illustrates that, in some respects, including sensitivity and recovery of streams and trees from acid deposition, this site is representative of the Northern Forest region, of which HBEF is a part. However, the mountainous terrain and lack of significant agricultural legacy make the HBEF among the least disturbed sites in the Northern Forest region. Its relatively cool, wet climate contributes to high stream flow compared to other sites. These similarities and differences between the HBEF and the region can profoundly influence ecological patterns and processes and potentially limit the generality of observations at this and other intensive sites. Indeed, the difficulty of scaling up may be greatest for ecological phenomena that are sensitive to historical disturbance and that exhibit the greatest spatiotemporal variation, such as denitrification in soils and the dynamics of bird communities. Our research shows that end member sites for some processes often provide important insights into the behavior of inherently heterogeneous ecological processes. In the current era of rapid environmental and biological change, key ecological responses at intensive sites will reflect both specific local drivers and regional trends

    Static and Dynamic Properties of a Viscous Silica Melt Molecular Dynamics Computer Simulations

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    We present the results of a large scale molecular dynamics computer simulation in which we investigated the static and dynamic properties of a silica melt in the temperature range in which the viscosity of the system changes from O(10^-2) Poise to O(10^2) Poise. We show that even at temperatures as high as 4000 K the structure of this system is very similar to the random tetrahedral network found in silica at lower temperatures. The temperature dependence of the concentration of the defects in this network shows an Arrhenius law. From the partial structure factors we calculate the neutron scattering function and find that it agrees very well with experimental neutron scattering data. At low temperatures the temperature dependence of the diffusion constants DD shows an Arrhenius law with activation energies which are in very good agreement with the experimental values. With increasing temperature we find that this dependence shows a cross-over to one which can be described well by a power-law, D\propto (T-T_c)^gamma. The critical temperature T_c is 3330 K and the exponent gamma is close to 2.1. Since we find a similar cross-over in the viscosity we have evidence that the relaxation dynamics of the system changes from a flow-like motion of the particles, as described by the ideal version of mode-coupling theory, to a hopping like motion. We show that such a change of the transport mechanism is also observed in the product of the diffusion constant and the life time of a Si-O bond, or the space and time dependence of the van Hove correlation functions.Comment: 30 pages of Latex, 14 figure

    Fundamentally Unfair: An Empirical Analysis of Social Media Arbitration Clauses

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    The Case for a CDA Section 230 Notice-and-Takedown Duty

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    Towards a Global Data Privacy Standard

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    This Article questions the widespread contention that recent updates to European Union (EU) data protection law will drive a disruptive wedge between EU and United States (U.S.) data privacy regimes. Europe’s General Data Protection Regulation (GDPR), which took effect in May 2018, gives all EU citizens easier access to their data, a right to portability, a right to be forgotten, and a right to learn when their data has been hacked. These mandatory privacy protections apply to non-EU companies that offer goods or services to EU consumers, whether through a subsidiary or a website. The “Brussels Effect” hypothesis projects a “race to the top” as multinational entities find it easier to adopt the most stringent data protection standards worldwide, rather than satisfying divergent data privacy rules. The GDPR is said to be a prime example of the Brussels Effect because of its aggressive extraterritorial scope that unilaterally imposes EU law on U.S. entities. This Article acknowledges a Brussels Effect, but there is also an overlooked “D.C. Effect” reflected in the GDPR’s adoption of many U.S. data privacy innovations. The GDPR imports long-established U.S. tort concepts for the first time into European privacy law, including deterrence-based fines, collective redress, wealth-based punishment, and arming data subjects with the right to initiate public enforcement. Under the GDPR, the EU Commission adopted “Privacy by Design” and security breach notification obligations, innovations pioneered in the U.S. The net effect of the GDPR is a bilateral transatlantic privacy convergence, which is rapidly evolving into a global data privacy standard. Nations around the world, some U.S. states, and the major U.S.-based data processors are instituting policies harmonized with the GDPR. This Article argues that the GDPR has the potential to not only bring an end to the transatlantic data privacy wars, but to become the basis of a worldwide “gold standard” for global data privacy

    Fundamentally Unfair: An Empirical Analysis of Social Media Arbitration Clauses

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    Rebooting Cybertort Law

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    Cyberspace provides an ideal legal environment for tortfeasors and online criminals because Internet Service Providers (ISPs) have no duty to mitigate harms caused by ongoing torts, crimes, and infringing acts. Courts have stretched Congress\u27s express language in § 230 of the Communications Decency Act from the narrow purpose of immunizing ISPs as publishers to the expanded purpose of shielding them from all tort liability. This Article proposes imposing a limited duty of care on ISPs to remove or block ongoing tortious activities on their services when they have been given actual notice. This reform will harmonize American ISP liability law with the European Union\u27s Electronic Commerce Directive, which imposes an affirmative duty on ISPs to take down objectionable materials. It also will unify U.S. law by creating procedures consistent with the takedown policy mandated by the Digital Millennium Copyright Act
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