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Full-Text Articles in Law

Beyond Window Dressing: Public Participation For Marginalized Communities In The Datafied Society, Michele Estrin Gilman Nov 2022

Beyond Window Dressing: Public Participation For Marginalized Communities In The Datafied Society, Michele Estrin Gilman

Fordham Law Review

We live in a datafied society in which our personal data is being constantly harvested, analyzed, and sold by public and private entities, and yet we have little control over our data and little voice in how it is used. In light of the impacts of algorithmic decision-making systems—including those that run on machine learning and artificial intelligence—there are increasing calls to integrate public participation into the adoption, design, and oversight of these tech tools. Stakeholder input is particularly crucial for members of marginalized groups, who bear the disproportionate harms of data-centric technologies. Yet, recent calls for public participation have …


The Digital First Sale Doctrine In A Blockchain World: Nfts And The Temporary Reproduction Exception, Chelsea Lim Nov 2022

The Digital First Sale Doctrine In A Blockchain World: Nfts And The Temporary Reproduction Exception, Chelsea Lim

Fordham Law Review

In 2021, non-fungible tokens (NFTs) exploded in popularity. Representing over sixty million dollars in sales, NFTs are currently being bought and sold in almost every industry, in the form of exclusive videos in the sports industry and digital paintings in the art industry. NFTs are digital certificates that use blockchain technology to verify authenticity and proof of ownership. Through NFTs’ non-fungible and immutable characteristics, owners are able to create scarcity for and authenticity in digital copies of their works, replicating the tangible experience of owning a physical, limited-edition item. NFTs have also been able to promote a unique secondary marketplace, …


Slowing Down Accelerated Approval: Examining The Role Of Industry Influence, Patient Advocacy Organizations, And Political Pressure On Fda Drug Approval, Stephanie Diu Apr 2022

Slowing Down Accelerated Approval: Examining The Role Of Industry Influence, Patient Advocacy Organizations, And Political Pressure On Fda Drug Approval, Stephanie Diu

Fordham Law Review

The U.S. Food and Drug Administration (FDA) has been revered as the gold standard in pharmaceutical safety and efficacy review since the 1960s. More recently, partly in response to the HIV/AIDS epidemic and the pressing need for new treatments, the FDA established an accelerated approval process to hasten the review of new drug applications so that drugs could be approved and brought to market as soon as possible. Although accelerated approval has led to the availability of new treatments for patients with few other options, this Note argues that, today, the FDA grants accelerated approval too hastily and may be …


The Tin Man Needs A Heart: A Proposed Framework For The Regulation Of Bioprinted Organs, Linda Foit Apr 2022

The Tin Man Needs A Heart: A Proposed Framework For The Regulation Of Bioprinted Organs, Linda Foit

Fordham Law Review

Each day, seventeen people die in the United States while waiting for an organ transplant. At least part of this need could be met by bioprinting, a technology that allows the on-demand production of custom-sized organs from a patient’s own cells. The field of bioprinting is progressing rapidly: the first bioprinted organs have already entered the clinic. Yet, developers of bioprinted organs face significant uncertainty as to how their potentially lifesaving products will be regulated—and by which government agency. Such regulatory uncertainty has the potential to decrease investment and stifle innovation in this promising technological field. This Note examines how …