Law Commons^™

The Emerging Commercial Space Age: Legal And Policy Implications, Gerald L. Adams Iii, Christopher S. Yoo

Journal of Law & Innovation

No abstract provided.

Space Law As Twenty-First Century International Law, Melissa J. Durkee

Journal of Law & Innovation

Space law’s current moment reflects international law’s current moment. That is, lawmaking processes aimed at updating international space law for the commercial space age reveal three larger themes about international lawmaking in the twenty-first century. These themes are: (a) evolutive lawmaking efforts by states; (b) the parallel development of laws in different fora by different actors; and (c) interpretive entrepreneurship by private actors. The themes are interrelated. They offer one story—but not the only possible story—about how international law develops when multilateral cooperation is out of reach. Together, the themes forecast a more pluralist international legal future, demanding new forms …

Controlling Decisions On Anti-Satellite Weapons: A Policy-Oriented Perspective, Gershon Hasin

Journal of Law & Innovation

Through the lens of policy-oriented jurisprudence, this contribution will consider the potential avenues for controlling the decisions of participants when it comes to anti-satellite (“ASAT”) weapons within and outside the formal international lawmaking process. Given that all the major space powers have tested ASAT weapons and are thus primarily exposed to the adverse effects of any further testing and the strategic detriments of further proliferation, their interests seem to align in favor of a testing prohibition and non-proliferation. In fact, the United States has proclaimed a self-ban on destructive testing and has promoted a call for an international testing ban …

From “Open Skies” To Traffic Jams In 12 Ghz: A Short History Of Satellite Radio Spectrum, Thomas Hazlett, Dongning Guo, Michael Honig

Journal of Law & Innovation

As an industry, communications satellites have traced a wobbly trajectory. Envisioned to bring revolutionary advances to telecommunications services in the U.S. Communications Satellite Act of 1962, the marketplace did open via Comsat, a public-private partnership. But the sluggish pace was revealed a decade later when progress increased substantially with the Open Skies policy. Free entry collapsed costs for wide area distribution of broadcasting services, launching the U.S. cable television industry (disrupting the TV broadcasting triopoly) in the 1980s and then direct-to-subscriber satellite TV (challenging the new incumbent cable operators) in the 1990s. In ensuing decades, however, fortunes reversed. Satellite phone …

Property Rights Over The Moon Or On The Moon? The Legality Of Space Resource Exploitation On Celestial Bodies, Frans G. Von Der Dunk

Journal of Law & Innovation

One of the most debated issues in humankind’s ongoing ventures into outer space today from a legal perspective concerns the various plans and projects for long-term human settlements on the Moon and Mars and the accompanying interest in In-Situ Resource Utilization (ISRU) as part of what more commonly is known as “space mining.” Given the lack of precision of the 1967 Outer Space Treaty,1 the lack of support for the 1979 Moon Agreement,2 and the more recent enunciation of a few national laws on the matter,3 major questions arise as to the extent of the legality of commercial exploitation of …

Should Satellite Broadband Be Included In Universal Service Subsidy Programs?, Gregory L. Rosston, Scott J. Wallsten

Journal of Law & Innovation

The United States is at a pivotal moment for broadband competition, with emerging technologies like 5G fixed wireless and Low-Earth Orbit (LEO) satellites offering high-quality broadband service that can be substitutes for wireline service. LEO satellites, especially, can provide cost-effective coverage for areas otherwise very expensive to reach. Despite the quality of these services, the Universal Service Fund (USF), an $8-$9 billion annual broadband subsidy program has traditionally excluded satellite service. NTIA and state regulators also appear ready to severely limit or exclude satellite service from the large new programs designed to eliminate the digital divide. This Article will focus …

Masthead

Journal of Law & Innovation

No abstract provided.

Equitable Ecosystem: A Two-Pronged Approach To Equity In Artificial Intelligence, Rangita De Silva De Alwis, Amani Carter, Govind Nagubandi

All Faculty Scholarship

Lawmakers, technologists, and thought leaders are facing a once-in-a-generation opportunity to build equity into the digital infrastructure that will power our lives; we argue for a two-pronged approach to seize that opportunity. Artificial Intelligence (AI) is poised to radically transform our world, but we are already seeing evidence that theoretical concerns about potential bias are now being borne out in the market. To change this trajectory and ensure that development teams are focused explicitly on creating equitable AI, we argue that we need to shift the flow of investment dollars. Venture Capital (VC) firms have an outsized impact in determining …

Optimizing Cybersecurity Risk In Medical Cyber-Physical Devices, Christopher S. Yoo, Bethany Lee

All Faculty Scholarship

Medical devices are increasingly connected, both to cyber networks and to sensors collecting data from physical stimuli. These cyber-physical systems pose a new host of deadly security risks that traditional notions of cybersecurity struggle to take into account. Previously, we could predict how algorithms would function as they drew on defined inputs. But cyber-physical systems draw on unbounded inputs from the real world. Moreover, with wide networks of cyber-physical medical devices, a single cybersecurity breach could pose lethal dangers to masses of patients.

The U.S. Food and Drug Administration (FDA) is tasked with regulating medical devices to ensure safety and …

Algorithmic Grey Holes, Alicia G. Solow-Niederman

Journal of Law & Innovation

No abstract provided.

The Dangers Of Automated Gunshot Detection, Maneka Sinha

Journal of Law & Innovation

No abstract provided.

Understanding Criminal Justice Innovations, Meghan J. Ryan

Journal of Law & Innovation

No abstract provided.

Emerging Technology’S Language Wars: Ai And Criminal Justice, Carla L. Reyes

Journal of Law & Innovation

No abstract provided.

Masthead

Journal of Law & Innovation

No abstract provided.

Encouraging Interagency Collaboration: Learning From Covid-19, Rachel E. Sachs

Journal of Law & Innovation

No abstract provided.

Social Media Self-Regulation And The Rise Of Vaccine Misinformation, Ana Santos Rutschman

Journal of Law & Innovation

No abstract provided.

Masthead

Journal of Law & Innovation

No abstract provided.

Promoting Public Health Through State Sovereign Immunity, Sapna Kumar

Journal of Law & Innovation

No abstract provided.

Regulating New Tech: Problems, Pathways, And People, Cary Coglianese

All Faculty Scholarship

New technologies bring with them many promises, but also a series of new problems. Even though these problems are new, they are not unlike the types of problems that regulators have long addressed in other contexts. The lessons from regulation in the past can thus guide regulatory efforts today. Regulators must focus on understanding the problems they seek to address and the causal pathways that lead to these problems. Then they must undertake efforts to shape the behavior of those in industry so that private sector managers focus on their technologies’ problems and take actions to interrupt the causal pathways. …

Addressing The Divisions In Antitrust Policy, Herbert J. Hovenkamp

All Faculty Scholarship

This is the text of an interview conducted in writing by Professor A. Douglas Melamed, Stanford Law School.

Regulation As Partnership, Justin (Gus) Hurwitz

Journal of Law & Innovation

No abstract provided.

Innovation Or Jobs? An Inconvenient Truth About Public Financing For “Innovation”, Camilla A. Hrdy

Journal of Law & Innovation

No abstract provided.

Inconvenient Truths: Interpreting The Origins Of The Commercial Internet, Shane Greenstein

Journal of Law & Innovation

No abstract provided.

Experimental Strategies For Regulating Fintech, Hilary J. Allen

Journal of Law & Innovation

No abstract provided.

Explanation < Justification: Gdpr And The Perils Of Privacy, Talia B. Gillis, Josh Simons

Journal of Law & Innovation

No abstract provided.

Justifying The Efficacy Of Contract Discrimination, Hosea H. Harvey

Journal of Law & Innovation

No abstract provided.

Why Do People Avoid Information About Privacy?, Dan Svirsky

Journal of Law & Innovation

No abstract provided.

All Smart Contracts Are Ambiguous, James Grimmelmann

Journal of Law & Innovation

No abstract provided.

Abstraction, Filtration, And Comparison In Patent Law, Michael Risch

Journal of Law & Innovation

No abstract provided.

Explaining Criminal Sanctions In Intellectual Property Law, Irina D. Manta

Journal of Law & Innovation

No abstract provided.