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3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom
3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom
Evan R. Youngstrom
Today, our society is on a precipice of significant advancement in healthcare because 3D printing will usher in the next generation of medicine. The next generation will be driven by customization, which will allow doctors to replace limbs and individualize drugs. However, the next generation will be without large pharmaceutical companies and their justifications for strong intellectual property rights. However, the current patent system (which is underpinned by a social tradeoff made from property incentives) is not flexible enough to cope with 3D printing’s rapid development. Very soon, the social tradeoff will no longer benefit society, so it must be …
Through The Lens Of Innovation, Mirit Eyal-Cohen
Through The Lens Of Innovation, Mirit Eyal-Cohen
Mirit Eyal-Cohen
The legal system constantly follows the footsteps of innovation and attempts to discourage its migration overseas. Yet, present legal rules that inform and explain entrepreneurial circumstances lack a core understanding of the concept of innovation. By its nature, law imposes order. It provides rules, remedies, and classifications that direct behavior in a consistent manner. Innovation turns on the contrary. It entails making creative judgments about the unknown. It involves adapting to disarray. It thrives on deviations as opposed to traditional causation. This Article argues that these differences matter. It demonstrates that current laws lock entrepreneurs into inefficient legal routes. Using …
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
Adam Thierer
This paper highlights some of the opportunities presented by the rise of the so-called “Internet of Things” and wearable technology in particular, and encourages policymakers to allow these technologies to develop in a relatively unabated fashion. As with other new and highly disruptive digital technologies, however, the Internet of Things and wearable tech will challenge existing social, economic, and legal norms. In particular, these technologies raise a variety of privacy and safety concerns. Other technical barriers exist that could hold back IoT and wearable tech — including disputes over technical standards, system interoperability, and access to adequate spectrum to facilitate …
Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind
Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind
Tonja Jacobi
It is routinely assumed that there is a trade-off between police efficiency and the warrant requirement. But existing analysis ignores the interaction between police investigative practices and criminal innovation. Narrowing the definition of a search or otherwise limiting the requirement for a warrant gives criminals greater incentive to innovate to avoid detection. With limited police resources to develop countermeasures, police will often be just as effective at capturing criminals when facing higher Fourth Amendment hurdles. We provide a game theoretic model that shows that when police investigation and criminal innovation are considered in a dynamic context, the police efficiency rationale …
Copyright, Neuroscience, And Creativity, Erez Reuveni
Copyright, Neuroscience, And Creativity, Erez Reuveni
Erez Reuveni
It is said that copyright law’s primary purpose is to encourage creativity by providing economic incentives to create. Accepting this premise, the primary disagreement among copyright stakeholders today concerns to what extent strong copyrights in fact provide efficient economic incentives. This focus on economic incentives obscures what is perhaps copyright doctrine’s greatest weakness—although the primary purpose of copyright law is to encourage creativity, copyright doctrine lacks even a rudimentary understanding of how creativity functions on a neurobiological level. The absence of a cohesive understanding of the science of creativity means that much of copyright theory is premised on antiquated assumptions …
Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson
Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.
Internet History, Raphael Cohen-Almagor
Internet History, Raphael Cohen-Almagor
raphael cohen-almagor
This paper outlines and analyzes milestones in the history of the Internet. As technology advances, it presents new societal and ethical challenges. The early Internet was devised and implemented in American research units, universities, and telecommunication companies that had vision and interest in cutting-edge research. The Internet then entered into the commercial phase (1984-1989). It was facilitated by the upgrading of backbone links, the writing of new software programs, and the growing number of interconnected international networks. The author examines the massive expansion of the Internet into a global network during the 1990s when business and personal computers with different …
Licensing As Digital Rights Management, From The Advent Of The Web To The Ipad, Reuven Ashtar
Licensing As Digital Rights Management, From The Advent Of The Web To The Ipad, Reuven Ashtar
Reuven Ashtar
This Article deals with the Digital Millennium Copyright Act’s anti-circumvention provision, Section 1201, and its relationship to licensing. It argues that not all digital locks and contractual notices qualify for legal protection under Section 1201, and attributes the courts’ indiscriminate protection of all Digital Rights Management (DRM) measures to the law’s incoherent formulation. The Article proposes a pair of filters that would enable courts to distinguish between those DRM measures that qualify for protection under Section 1201, and those that do not. The filters are shown to align with legislative intent and copyright precedent, as well as the approaches recently …
An Innovation-Centric Approach Of Telecommunications Infrastructure Regulation, Konstantinos Stylianou
An Innovation-Centric Approach Of Telecommunications Infrastructure Regulation, Konstantinos Stylianou
Konstantinos Stylianou
This paper considers the mechanics and role of innovation in telecommunications networks, and explains how regulation can be designed to maximize innovation. To better focus on the relationship between innovation and regulation an effort is made to distinguish innovation from competition, although the two concepts are closely related, and several reasons are presented on why the fast changing, networked and technical nature of telecommunications offers a very favorable environment for innovation to thrive, as well as why innovation benefits from a large number of actors. Moreover, the paper further explains that even small players are useful in the innovation process …
Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson
Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.
Energy Revolution And Disaster Response In The Face Of Climate Change, Prof. Elizabeth Burleson
Energy Revolution And Disaster Response In The Face Of Climate Change, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Nuclear meltdown in Japan and civil society strife across the Middle East highlight the degree to which resilience is core to international peace and security. This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures.