Sessions Information

  • January 3, 2015
    1:30 pm - 3:15 pm
    Session Type: Section Call for Papers
    Session Capacity: N/A
    Hotel: Washington Marriott Wardman Park Hotel
    Room: Thurgood Marshall South
    Floor: Mezzanine Level

    Technological innovation has created new challenges for the law. New technologies often create legal and ethical questions in areas such as privacy, employment, reproduction and intellectual property. Who owns the data collected by embedded medical devices? Can employers wipe departing employees’ phone data? To what extent are companies liable for harms created by their inventions, such as driverless cars? Who owns crowd-sourced content?

     

    Courts and legislatures are often slow to respond to these issues. To fill this legal gap created by rapid advancements in technology, businesses and individuals attempt to reduce their risk and uncertainty through private ordering. They limit their liability and allocate rights through contractual provisions. Technology affects the way contracts are used as well. Employers may have employees agree to remote phone wiping policies in their employment agreement or through click wrap agreements that pop up when they connect to the network server. Through contracts, businesses establish norms that can be hard to undo. The norm of licensing instead of selling software, for example, was established through contract and has become entrenched as a business practice. The collection of online personal information through online contracts is another example.

     

    Business meeting at program conclusion.

Session Speakers
Santa Clara University School of Law
Speaker

Samford University, Cumberland School of Law
Speaker from a Call for Papers

California Western School of Law
Moderator

Electronic Frontier Foundation
Speaker

University of Washington School of Law
Speaker from a Call for Papers

City University of New York School of Law
Speaker

Session Fees
  • 4280 Contracts: $0.00