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Full-Text Articles in Science and Technology Law

The Internet Adopts Two-Way Radio, Henry H. Perritt Jr. Jul 2019

The Internet Adopts Two-Way Radio, Henry H. Perritt Jr.

Hastings Science and Technology Law Journal

The Internet, having displaced conventional correspondence with email, having displaced traditional libraries with online ones, having revolutionized shopping, having uprooted television and movies, now is absorbing police, fire, ambulance, and public utility two-radio systems.

Digital radio technologies combine with Internet switching of transmitters, receivers, and networks, so that a police officer can talk to an ambulance driver or a train dispatcher across the state or across the country. Specialized cellphones are becoming indistinguishable from walkie-talkies. Cellular telephone channels replace two-way-radio air links.

Integration of “private mobile radio” into the Internet is the result of specific advances in radio and networking ...


Can A Distant Relative Allow The Government Access To Your Dna? The Fourth Amendment Implications Of Law Enforcement’S Genealogical Search For The Golden State Killer And Other Genetic Genealogy Investigations, George M. Dery Iii Jul 2019

Can A Distant Relative Allow The Government Access To Your Dna? The Fourth Amendment Implications Of Law Enforcement’S Genealogical Search For The Golden State Killer And Other Genetic Genealogy Investigations, George M. Dery Iii

Hastings Science and Technology Law Journal

This Article considers the advent of genetic genealogy, used by law enforcement in capturing the Golden State Killer suspect and in other cold cases. In these investigations, police used genetic information obtained from the open source genealogy site, GEDmatch, to build vast family trees spanning the entire country and several generations in order to locate suspects whose DNA matched that left at a crime scene. This Article analyzes the Fourth Amendment implications of government use of such powerful technology to explore such sensitive information as DNA. The conclusion the Supreme Court could reach, should it be called upon to examine ...


Masthead Jul 2019

Masthead

Hastings Science and Technology Law Journal

No abstract provided.


The Heavy Burden Of A Lighter Touch Framework The Inadequacy Of Antitrust Laws As A Substitute For Net Neutrality, Emilia R. Rubin Jul 2019

The Heavy Burden Of A Lighter Touch Framework The Inadequacy Of Antitrust Laws As A Substitute For Net Neutrality, Emilia R. Rubin

Hastings Science and Technology Law Journal

No abstract provided.


Artificial Intelligence And The Fog Of Innovation: A Deep-Dive On Governance And The Liability Of Autonomous Systems, Brandon W. Jackson Apr 2019

Artificial Intelligence And The Fog Of Innovation: A Deep-Dive On Governance And The Liability Of Autonomous Systems, Brandon W. Jackson

Santa Clara High Technology Law Journal

ARTIFICIAL INTELLIGENCE AND THE FOG OF INNOVATION: A DEEP-DIVE ON GOVERNANCE AND THE LIABILITY OF AUTONOMOUS SYSTEMS


Algorithms And Human Freedom, Robert H. Sloan, Richard Warner Apr 2019

Algorithms And Human Freedom, Robert H. Sloan, Richard Warner

Santa Clara High Technology Law Journal

ALGORITHMS AND HUMAN FREEDOM


Hoopa Valley Tribe V. Ferc, 913 F.3d 1099 (D.C. Cir. 2019), Fredrick Aaron Rains Apr 2019

Hoopa Valley Tribe V. Ferc, 913 F.3d 1099 (D.C. Cir. 2019), Fredrick Aaron Rains

Public Land & Resources Law Review

In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States Court ...


Murray V. Bej Minerals, Llc, Brett Berntsen Apr 2019

Murray V. Bej Minerals, Llc, Brett Berntsen

Public Land & Resources Law Review

Part of a dispute some 66 million years in the making, Murray v. BEJ Minerals, LLC considered for the first time whether dinosaur fossils—specifically a one-of-a-kind specimen containing entombed “dueling dinosaurs”—qualified as “minerals” for the purposes of a property transaction under Montana law. Finding no consistent statutory or dictionary definition for “mineral,” the Ninth Circuit relied on a test previously utilized by the Montana Supreme Court to hold that the dinosaur fossils constituted minerals due to their rare and exceptional qualities and were therefore part of the property’s mineral estate. The decision was promptly nullified, however, as ...


Narrowing In On The Problem: A Component-Level Analysis Of "Hybrid" Medical Devices, Jillian Friedmann Apr 2019

Narrowing In On The Problem: A Component-Level Analysis Of "Hybrid" Medical Devices, Jillian Friedmann

Boston College Law Review

The Medical Device Amendments of 1976 (“MDA”) classify medical devices into three categories, each of which represents a different level of risk, and requires a different level of federal oversight. Class III devices, which pose the most risk, are subject to the highest level of oversight. Those devices are protected from any claims based on state laws that differ from or add to the requirements imposed by the MDA. On March 1, 2018, the United States Court of Appeals for the Third Circuit, in Shuker v. Smith & Nephew, PLC, considered the application of preemption under the MDA to a “hybrid ...


Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V Apr 2019

Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V

Public Land & Resources Law Review

The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s ...


Enough Is Enough: Ten Years Of Carcieri V. Salazar, Bethany C. Sullivan, Jennifer L. Turner Apr 2019

Enough Is Enough: Ten Years Of Carcieri V. Salazar, Bethany C. Sullivan, Jennifer L. Turner

Public Land & Resources Law Review

Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending ...


Taxing The Robots, Orly Mazur Apr 2019

Taxing The Robots, Orly Mazur

Pepperdine Law Review

Robots and other artificial intelligence-based technologies are increasingly outperforming humans in jobs previously thought safe from automation. This has led to growing concerns about the future of jobs, wages, economic equality, and government revenues. To address these issues, there have been multiple calls around the world to tax the robots. Although the concerns that have led to the recent robot tax proposals may be valid, this Article cautions against the use of a robot tax. It argues that a tax that singles out robots is the wrong tool to address these critical issues and warns of the unintended consequences of ...


Defective Computer-Aided Design Software Liability In 3d Bioprinted Human Organ Equivalents, Jamil Ammar Apr 2019

Defective Computer-Aided Design Software Liability In 3d Bioprinted Human Organ Equivalents, Jamil Ammar

Santa Clara High Technology Law Journal

DEFECTIVE COMPUTER-AIDED DESIGN SOFTWARE LIABILITY IN 3D BIOPRINTED HUMAN ORGAN EQUIVALENTS


Empirical Analysis Of Australian Trademark Infringement Decisions: Implications For The U.S. Trademark Use Debate, Dr. Vicki T. Huang Apr 2019

Empirical Analysis Of Australian Trademark Infringement Decisions: Implications For The U.S. Trademark Use Debate, Dr. Vicki T. Huang

Santa Clara High Technology Law Journal

EMPIRICAL ANALYSIS OF AUSTRALIAN TRADEMARK INFRINGEMENT DECISIONS: IMPLICATIONS FOR THE U.S. TRADEMARK USE DEBATE


The Airwaves Meet The Highways, David Redl Apr 2019

The Airwaves Meet The Highways, David Redl

Journal of Law and Mobility

I applaud and congratulate the University of Michigan for launching the Journal of Law and Mobility. The timing is perfect. The information superhighway is no longer just a clever metaphor. We are living in an era where internet connectivity is a critical part of making transportation safer and more convenient. Internet connectivity has powered the U.S. and global economies for years now. In the early stages, dial-up connections enabled users to access a vast store of digital information. As the internet and its usage grew, so did the demand for faster broadband speeds. Finally, wireless networks untethered the power ...


Title 2.0: Discrimination Law In A Data-Driven Society, Bryan Casey Apr 2019

Title 2.0: Discrimination Law In A Data-Driven Society, Bryan Casey

Journal of Law and Mobility

More than a quarter century after civil rights activists pioneered America’s first ridesharing network, the connections between transportation, innovation, and discrimination are again on full display. Industry leaders such as Uber, Amazon, and Waze have garnered widespread acclaim for successfully combatting stubbornly persistent barriers to transportation. But alongside this well-deserved praise has come a new set of concerns. Indeed, a growing number of studies have uncovered troubling racial disparities in wait times, ride cancellation rates, and service availability in companies including Uber, Lyft, Task Rabbit, Grubhub, and Amazon Delivery.

Surveying the methodologies employed by these studies reveals a subtle ...


License To Kill: An Analysis Of The Legality Of Fully Autonomous Drones In The Context Of International Use Of Force Law, Andrew Figueroa Mar 2019

License To Kill: An Analysis Of The Legality Of Fully Autonomous Drones In The Context Of International Use Of Force Law, Andrew Figueroa

Pace International Law Review

We live in a world of constant technological change; and with this change, comes unknown effects and consequences. This is even truer with weapons and warfare. Indeed, as the means and methods of warfare rapidly modify and transform, the effects and consequences on the laws of war are unknown. This Article addresses one such development in weapon and warfare technology—Fully Autonomous Weapons or “Killer Robots”—and discusses the inevitable use of these weapons within the current international law framework. Recognizing the current, inadequate legal framework, this Article proposes a regulation policy to mitigate the risks associated with Fully Autonomous ...


To Be Physically Present Or Not To Be Physically Present: The Use Of Videoconferences During Felony Proceedings, Meaghan Annett Mar 2019

To Be Physically Present Or Not To Be Physically Present: The Use Of Videoconferences During Felony Proceedings, Meaghan Annett

Boston College Law Review

In April 26, 2018, the United States Court of Appeals for the Seventh Circuit held, in United States v. Bethea, that a felony defendant could not affirmatively waive his right to be physically present in the courtroom, despite requesting to appear via videoconference during his combined plea and sentencing hearing. Bethea represented a matter of first impression among the federal circuit courts. This Comment argues that the Seventh Circuit’s decision is in line with the decisions its sister circuits regarding similar questions that strictly interpreted the plain text of Rule 43 of the Federal Rules of Criminal Procedure. This ...


Is It Time For A Universal Genetic Forensic Database?, Christopher Slobogin, Ellen Wright Clayton, J. W. Hazel, B. A. Malin Mar 2019

Is It Time For A Universal Genetic Forensic Database?, Christopher Slobogin, Ellen Wright Clayton, J. W. Hazel, B. A. Malin

Christopher Slobogin

The ethical objections to mandating forensic profiling of newborns and/or compelling every citizen or visitor to submit to a buccal swab or to spit in a cup when they have done nothing wrong are not trivial. But newborns are already subject to compulsory medical screening, and people coming from foreign countries to the United States already submit to fingerprinting. It is also worth noting that concerns about coercion or invasions of privacy did not give pause to legislatures (or, for that matter, even the European Court) when authorizing compelled DNA sampling from arrestees, who should not forfeit genetic privacy ...


Is It Time For A Universal Genetic Forensic Database?, Christopher Slobogin, Ellen Wright Clayton, J. W. Hazel, B. A. Malin Mar 2019

Is It Time For A Universal Genetic Forensic Database?, Christopher Slobogin, Ellen Wright Clayton, J. W. Hazel, B. A. Malin

Ellen Wright Clayton

The ethical objections to mandating forensic profiling of newborns and/or compelling every citizen or visitor to submit to a buccal swab or to spit in a cup when they have done nothing wrong are not trivial. But newborns are already subject to compulsory medical screening, and people coming from foreign countries to the United States already submit to fingerprinting. It is also worth noting that concerns about coercion or invasions of privacy did not give pause to legislatures (or, for that matter, even the European Court) when authorizing compelled DNA sampling from arrestees, who should not forfeit genetic privacy ...


Healthtech: How Blockchain Can Simplify Healthcare Compliance, Kathryn M. Bennett Mar 2019

Healthtech: How Blockchain Can Simplify Healthcare Compliance, Kathryn M. Bennett

Washington and Lee Journal of Civil Rights and Social Justice

This Note broadly explores solutions to modern-day accessibility and security problems latent in electronic health records. Specifically, this Note discusses HIPAA and HITECH, the current law in place, and how blockchain technology can be used to fix the accessibility and security problems of current electronic health records. This Note proposes that blockchain technology can help a healthcare industry struggling to adhere to the current rule of law in an era of Big Data. Further, Blockchain technology can help individual consumers, particularly those with significant health issues, obtain the best possible medical care while simultaneously keeping their private and sensitive information ...


Don't Bring A Cad File To A Gun Fight: A Technological Solution To The Legal And Practical Challenges Of Enforcing Itar On The Internet, Catherine Tremble Mar 2019

Don't Bring A Cad File To A Gun Fight: A Technological Solution To The Legal And Practical Challenges Of Enforcing Itar On The Internet, Catherine Tremble

Fordham Law Review Online

This Essay begins by outlining Cody Wilson’s motivation to found his organization, Defense Distributed, and the organization’s progress toward its goals. Then, Part II provides a brief overview of the protracted legal battle between Wilson and the State Department over the right to publish Computer-Aided Design (CAD) files on the internet that enable the 3D printing of guns and lower receivers. Part III.A takes a brief look at whether these CAD files are rightly considered speech at all and, if so, what level of protection they might receive. Part III.B then addresses the problem of even ...


Negligent Disruption Of Genetic Planning: Carving Out A New Tort Theory To Address Novel Questions Of Liability In An Era Of Reproductive Innovation, Tracey Tomlinson Mar 2019

Negligent Disruption Of Genetic Planning: Carving Out A New Tort Theory To Address Novel Questions Of Liability In An Era Of Reproductive Innovation, Tracey Tomlinson

Fordham Law Review Online

This Essay will address current concerns pertaining to ART-related negligence, and ultimately recommends the adoption of a new tort— negligent disruption of genetic planning (NDGP). This tort would enable plaintiffs to recover damages when an ART clinic’s negligent actions thwart reproductive planning, while simultaneously balancing the serious moral and ethical questions that arise in these situations. This argument proceeds in three Parts. Part I discusses the technological evolution of ART and gives examples of ART-related negligence cases that have occurred in the United States. Part II lays out the current U.S. tort remedies relied on by plaintiffs in ...


Precious And Worthless: A Comparative Perspective On Loot Boxes And Gambling, Andrew Vahid Moshirnia Mar 2019

Precious And Worthless: A Comparative Perspective On Loot Boxes And Gambling, Andrew Vahid Moshirnia

Minnesota Journal of Law, Science & Technology

No abstract provided.


The Effect Of The Internet Era And South Dakota V. Wayfair On The Unitary Business Rule, Phillip Popkin Mar 2019

The Effect Of The Internet Era And South Dakota V. Wayfair On The Unitary Business Rule, Phillip Popkin

Boston College Law Review

On June 21, 2018, the Supreme Court in South Dakota v. Wayfair eliminated the sales tax physical presence rule for the Dormant Commerce Clause’s “substantial nexus” requirement. This decision extends a State’s ability to tax interstate commerce. This Comment argues that Wayfair’s expansion of state tax jurisdiction should be applicable all forms of state taxation, as opposed to solely sales tax because it interprets the substantial nexus requirement of the Dormant Commerce Clause. Corporate taxation’s unitary business rule should utilize the changes to the substantial nexus requirement to restore its original intention and adapt to modern ...


Digital Market Perfection, Rory Van Loo Mar 2019

Digital Market Perfection, Rory Van Loo

Michigan Law Review

Google’s, Apple’s, and other companies’ automated assistants are increasingly serving as personal shoppers. These digital intermediaries will save us time by purchasing grocery items, transferring bank accounts, and subscribing to cable. The literature has only begun to hint at the paradigm shift needed to navigate the legal risks and rewards of this coming era of automated commerce. This Article begins to fill that gap by surveying legal battles related to contract exit, data access, and deception that will determine the extent to which automated assistants are able to help consumers to search and switch, potentially bringing tremendous societal ...


Remedying Wrongful Convictions Through Dna Testing: Expanding Post-Conviction Litigants’ Access To Dna Database Searches To Prove Innocence, Kayleigh E. Mcglynn Feb 2019

Remedying Wrongful Convictions Through Dna Testing: Expanding Post-Conviction Litigants’ Access To Dna Database Searches To Prove Innocence, Kayleigh E. Mcglynn

Boston College Law Review

Forensic science is used as evidence in criminal cases regularly. Recently, however, scientists have criticized several commonly used forensic methods that are unreliable, scientifically invalid, and have contributed to wrongful convictions. In contrast, DNA testing, which is reliable and valid, is a powerful resource for exonerating wrongfully convicted individuals. Congress and all fifty states have enacted statutes providing access to post-conviction DNA testing. Only nine states, however, have enacted statutes granting post-conviction litigants access to another important resource—law enforcement DNA database searches. Even though Congress amended the federal post-conviction DNA testing statute to provide access to DNA database searches ...


Specialized Trial Courts In Patent Litigation: A Review Of The Patent Pilot Program's Impact On Appellate Reversal Rates At The Five-Year Mark, Amy Semet Feb 2019

Specialized Trial Courts In Patent Litigation: A Review Of The Patent Pilot Program's Impact On Appellate Reversal Rates At The Five-Year Mark, Amy Semet

Boston College Law Review

Do specialized trial court judges make more accurate decisions in patent law cases? In 2011, Congress passed a law setting up a ten-year pilot program to enhance expertise in patent litigation by funneling more trial court decisions to fourteen select district courts. Now that the five-year mark has passed, has the program had its intended effect of increasing accuracy, as measured by less reversal of pilot judges by the Federal Circuit? This Article analyzes trial court patent cases filed from September 2011 through September 2016, focusing specifically on whether the appellate treatment of cases heard by district court judges participating ...


Modernizing The Stockholder Shield: How Blockchains And Distributed Ledgers Could Rescue The Appraisal Remedy, Brandon Ferrick Feb 2019

Modernizing The Stockholder Shield: How Blockchains And Distributed Ledgers Could Rescue The Appraisal Remedy, Brandon Ferrick

Boston College Law Review

A recent wave of appraisal litigation has highlighted costly flaws in Delaware’s appraisal law. The genesis of the problems stems from dilapidated assumptions about stock ownership and corporate record keeping baked into the Delaware General Corporation Law. Technological advancements, namely distributed ledgers and blockchain technology, promise to bring Delaware’s appraisal law into the twenty-first century while remaining consistent with existing appraisal law. Distributed ledgers and blockchain technology promise lightning fast clearing times, infallible record keeping, and cost-efficient modes of transfer. States, private actors, and laypersons are already recognizing the litany of benefits offered by these technologies. This Note ...


Recent Developments, Raelynn J. Hillhouse Feb 2019

Recent Developments, Raelynn J. Hillhouse

Arkansas Law Review

No abstract provided.