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Full-Text Articles in Science and Technology Law

Science And The Law, William J. Mcgill Apr 2017

Science And The Law, William J. Mcgill

The Catholic Lawyer

No abstract provided.


A Prescription For Excessive Drug Pricing: Leveraging Government Patent Use For Health, Hannah Brennan, Amy Kapczynski, Christine H. Monahan, Zain Rizvi Apr 2017

A Prescription For Excessive Drug Pricing: Leveraging Government Patent Use For Health, Hannah Brennan, Amy Kapczynski, Christine H. Monahan, Zain Rizvi

Yale Journal of Law and Technology

High drug prices are creating serious health and fiscal problems in the United States today. This reality is vividly illustrated by recently approved
medicines to treat Hepatitis C. These new medicines can cure nearly everyone with this potentially fatal infection and may even enable the elimination of this disease. But the drugs' sticker price- close to $100,000- has meant that very few patients who could benefit from them can access them. This Article describes an approach, available under existing law, to bring about transformative reductions in the prices of these medicines, at least for federal programs and possibly beyond ...


Opening Pandora's Box: Analyzing The Complexity Of U.S. Patent Litigation, Jonathan H. Ashtor Apr 2017

Opening Pandora's Box: Analyzing The Complexity Of U.S. Patent Litigation, Jonathan H. Ashtor

Yale Journal of Law and Technology

Patent litigation is widely regarded as one of the most complex types of civil litigation, with costs often totaling millions of dollars and typical cases lasting years. Also, the burdens of patent case complexity land on both sides of the technological divide, as large producers face skyrocketing defense budgets and inventors and startups risk being ''priced out" from enforcing their rights. Yet, the complexity of patent cases is poorly understood as an empirical matter. Instead, patent litigation is generally accepted to be a ''Pandora's Box" of incalculable complexity, which, once opened, is only arduously and unpredictably concluded .


Credit Scoring In The Era Of Big Data, Mikella Hurley, Julius Adebayo Apr 2017

Credit Scoring In The Era Of Big Data, Mikella Hurley, Julius Adebayo

Yale Journal of Law and Technology

For most Americans, access to credit is an essential requirement for upward mobility and financial success. A favorable credit rating is necessary to purchase a home or car, to start a new business, to seek higher education, or to pursue other important goals. For many consumers, strong credit is also necessary to gain access to employment, rental housing, and essential services such as insurance. At present, however, individuals have very little control over how they are scored and have even less ability to contest inaccurate, biased, or unfair assessments of their credit. Traditional, automated credit-scoring tools raise longstanding concerns of ...


Fatal Fragments: The Effect Of Money Transmission Regulation On Payments Innovation, Benjamin Lo Apr 2017

Fatal Fragments: The Effect Of Money Transmission Regulation On Payments Innovation, Benjamin Lo

Yale Journal of Law and Technology

A revolution in payments technology is taking place, as entrepreneurs develop new and innovative ways to send, receive, and store money. However, payment startups are running headlong into a thicket of federal and state money transmitter regulations, which impose costly registration and reporting requirements to prevent money laundering and protect consumers. The regulatory burden is particularly heavy at the state level, since each state defines "money transmission" differently. Payments startups must deal with highly fragmented regulation across states early in their lives, resulting in large and often redundant compliance costs while offering comparatively less marginal benefit to consumers. However, this ...


When Competition Fails To Optimize Quality: A Look At Search Engines, Maurice E. Stucke, Ariel Ezrachi Apr 2017

When Competition Fails To Optimize Quality: A Look At Search Engines, Maurice E. Stucke, Ariel Ezrachi

Yale Journal of Law and Technology

The European Commission's Statement of Objections forms the latest addition to the ongoing debate on the possible misuse of Google's position in the search engine market. The scholarly debate, however, has largely been over the exclusionary effects of search degradation. Less attention has been dedicated to the dimension of quality - whether and how a search engine, faced with rivals, could degrade quality on the free side. We set out to address this fundamental question: with the proliferation of numerous web search engines and their free usage and availability, could any search engine degrade quality? We begin our analysis ...


A Warrant To Hack: An Analysis Of The Proposed Amendments To Rule 41 Of The Federal Rules Of Criminal Procedure, Zach Lerner Apr 2017

A Warrant To Hack: An Analysis Of The Proposed Amendments To Rule 41 Of The Federal Rules Of Criminal Procedure, Zach Lerner

Yale Journal of Law and Technology

In 2013, a federal magistrate judge denied an FBI request for a remote access search warrant, concluding that, among other deficiencies, Rule 41 of the Federal Rules of Criminal Procedure prevented him from granting a warrant to hack a computer when the location of the device was not known. Just five months later, the DOJ proposed amendments to Rule 41 seeking to eliminate the territorial limits on search warrants in two cybercrime contexts: (1) when suspects conceal their online locations and identities; and (2) when malware af fects users in five or more districts. Despite approval from the necessary judicial ...


The Economic Calculus Of Fielding Autonomous Fighting Vehicles Compliant With The Laws Of Armed Conflict, Evan Wallach, Erik Thomas Apr 2017

The Economic Calculus Of Fielding Autonomous Fighting Vehicles Compliant With The Laws Of Armed Conflict, Evan Wallach, Erik Thomas

Yale Journal of Law and Technology

The U.S. military and others worldwide have undergone a rapid evolution in the numbers, sophistication and lethality of the robotic weaponry that they deploy to the battlefield. The rate of transformation in the field of robotics and weapons technology raises numerous questions about what legal considerations should be made as we approach the step beyond remotely controlled drone weaponry to fully autonomous fighting vehicles as human operated weapons evolve into self-directed warriors.


Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman Apr 2017

Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman

Indiana Law Journal

How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is one in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and nonpublic information through the lens of social science —namely, principles of trust.

Patent law’s public use bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows that ...


Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen Mar 2017

Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen

Pace Law Review

This Comment will argue that New York should follow the federal agencies’ and states’ leads by imposing a warrant requirement supported by probable cause on local and state agencies that wish to use Stingray technology in their investigations. The first section will explore Stingray technology and how it works. The second section will frame the issue and describe New York’s current standard. The third section will discuss the judicial response to the issue and how New York courts seem to place the burden of upholding privacy on the citizen, instead of the government. The third section will also discuss ...


Affording Fundamental Rights, Julie E. Cohen Mar 2017

Affording Fundamental Rights, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Mireille Hildebrandt’s Smart Technologies and the End(s) of Law (2015) raises questions for law that are best characterized as meta-institutional. This review essay considers the implications of Hildebrandt’s work for the conceptualization of fundamental rights. One consequence of the shift to a world in which smart digital technologies continually, immanently mediate and preempt our beliefs and choices is that legal discourses about fundamental rights are revealed to be incomplete along a dimension that we have simply failed to recognize. To remain effective in the digital age, rights discourse requires extension into the register of affordances.


Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert Mar 2017

Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert

Faculty Scholarship

Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...


Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin Mar 2017

Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin

Christopher Slobogin

No abstract provided.


Privacy By Design: Taking Ctrl Of Big Data, Eric Everson Mar 2017

Privacy By Design: Taking Ctrl Of Big Data, Eric Everson

Cleveland State Law Review

The concept of Privacy by Design is rooted in systems engineering. Yet, it is the legal framework of global privacy that gives new color to this concept as applied to Big Data. Increasingly, the long arm of the law is reaching into Big Data, but it is not simply by matter of regulatory enforcement or civil legal developments that Privacy by Design (PbD) is being thrust into the spotlight once more.

Given that Big Data is considered miniscule in contrast to future data environments, PbD is simply the right thing to do. This paper aims to explore the origin of ...


It Depends: Recasting Internet Clickwrap, Browsewrap, "I Agree," And Click-Through Privacy Clauses As Waivers Of Adhesion, Charles E. Maclean Mar 2017

It Depends: Recasting Internet Clickwrap, Browsewrap, "I Agree," And Click-Through Privacy Clauses As Waivers Of Adhesion, Charles E. Maclean

Cleveland State Law Review

Digital giants, enabled by America’s courts, Congress, and the Federal Trade Commission, devise click-through, clickwrap, browsewrap, "I Agree" waivers, and other legal fictions that purport to evidence user "consent" to consumer privacy erosions. It is no longer enough to justify privacy invasions as technologically inevitable or as essential to the American economy. As forced consent is no consent at all, privacy policies must advance with the technology. This article discusses adhesion waivers, the potential for FTC corrective action, and a comparison to privacy policies of the European Union.


Social Data Discovery And Proportional Privacy, Agnieszka Mcpeak Mar 2017

Social Data Discovery And Proportional Privacy, Agnieszka Mcpeak

Cleveland State Law Review

Social media platforms aggregate large amounts of personal information as "social data" that can be easily downloaded as a complete archive. Litigants in civil cases increasingly seek out broad access to social data during the discovery process, often with few limits on the scope of such discovery. But unfettered access to social data implicates unique privacy concerns—concerns that should help define the proper scope of discovery.

The Federal Rules of Civil Procedure, as amended in 2015, already contain the tools for crafting meaningful limits on intrusive social data discovery. In particular, the proportionality test under Rule 26 weighs the ...


Game Of Phones: The Fourth Amendment Implications Of Real-Time Cell Phone Tracking, Cal Cumpstone Mar 2017

Game Of Phones: The Fourth Amendment Implications Of Real-Time Cell Phone Tracking, Cal Cumpstone

Cleveland State Law Review

With the help of technological advancements, law enforcement can now hijack a targeted individual’s cell phone to ping and track the phone’s exact location in real time. Based upon previous rulings, this new tracking process has apparently fallen into a "grey area" of Fourth Amendment jurisprudence. However, real-time cell phone tracking should be a search in terms of the Fourth Amendment and, therefore, require a warrant. Real-time cell phone tracking infringes on an individual’s reasonable expectation of privacy, violates the trespass doctrine as a trespass to chattels, and violates the Kyllo standard by using technology not in ...


Bioprospecting Legislation In The United States: What We Are Doing, What We Are Not Doing, And What Should We Do Next, Emily J. Stolfer Mar 2017

Bioprospecting Legislation In The United States: What We Are Doing, What We Are Not Doing, And What Should We Do Next, Emily J. Stolfer

Cleveland State Law Review

Bioprospecting is a growing worldwide effort to protect knowledge and the environment. With its potential economic benefit and technological advancements, bioprospecting will continue to grow as the world advances. Other nations have begun to protect the information available and continue to develop legislation. However, the United States has been hesitant to ratify international treaties or implement its own legislation. This Note examines both domestic and international efforts to protect both indigenous people and the environment. It analyzes the legislation the United States currently has in place but also examines where the United States is lacking. Regarding the United States’ failure ...


Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr Feb 2017

Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr

Faculty Scholarship

Machine-learning algorithms are transforming large segments of the economy, underlying everything from product marketing by online retailers to personalized search engines, and from advanced medical imaging to the software in self-driving cars. As machine learning’s use has expanded across all facets of society, anxiety has emerged about the intrusion of algorithmic machines into facets of life previously dependent on human judgment. Alarm bells sounding over the diffusion of artificial intelligence throughout the private sector only portend greater anxiety about digital robots replacing humans in the governmental sphere. A few administrative agencies have already begun to adopt this technology, while ...


Open-Source Licensing And Business Models: Making Money By Giving It Away, Andrew J. Hall Feb 2017

Open-Source Licensing And Business Models: Making Money By Giving It Away, Andrew J. Hall

Santa Clara High Technology Law Journal

Open-Source Licensing and Business Models: Making Money by Giving it Away


The New Foundations Of Open Source, Heather Meeker, Stephanie Petit Feb 2017

The New Foundations Of Open Source, Heather Meeker, Stephanie Petit

Santa Clara High Technology Law Journal

The New Foundations of Open Source


Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon Feb 2017

Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon

Barry Law Review

No abstract provided.


Software As Text, John Shaeffer Feb 2017

Software As Text, John Shaeffer

Santa Clara High Technology Law Journal

Software as Text


Neuroscience Evidence In Forensic Contexts: Ethical Concerns, Stephen J. Morse Feb 2017

Neuroscience Evidence In Forensic Contexts: Ethical Concerns, Stephen J. Morse

Faculty Scholarship

This is a chapter in a volume, Ethics Dilemmas in Forensic Psychiatry and Psychology Practice, edited by Ezra E. H. Griffith, M.D. and to be published by Columbia University Press. The chapter addresses whether the use of new neuroscience techniques, especially non-invasive functional magnetic resonance imaging (fMRI) and the data from studies employing them raise new ethical issues for forensic psychiatrists and psychologists. The implicit thesis throughout is that if the legal questions, the limits of the new techniques and the relevance of neuroscience to law are properly understood, no new ethical issues are raised. A major ethical lapse ...


Data-Generating Patents, Brenda M. Simon, Ted Sichelman Feb 2017

Data-Generating Patents, Brenda M. Simon, Ted Sichelman

Northwestern University Law Review

Patents and trade secrets are often considered economic substitutes. Under this view, inventors can decide either to maintain an invention as a trade secret or to seek a patent and disclose to the public the details of the invention. However, a handful of scholars have recognized that because the patent disclosure requirements are not always rigorous, inventors may sometimes be able to keep certain aspects of an invention secret, yet still receive a patent to the invention as a whole. Here, we provide further insight into how trade secrets and patents may act as complements. Specifically, we introduce the concept ...


False Rubicons, Moral Panic, & Conceptual Cul-De-Sacs: Critiquing & Reframing The Call To Ban Lethal Autonomous Weapons, Chris Jenks Jan 2017

False Rubicons, Moral Panic, & Conceptual Cul-De-Sacs: Critiquing & Reframing The Call To Ban Lethal Autonomous Weapons, Chris Jenks

Pepperdine Law Review

By casting into the indeterminate future and projecting visions of so-called killer robots, The Campaign to Stop Killer Robots (The Campaign) has incited moral panic in an attempt to stimulate a discussion—and ultimately a ban—on lethal autonomous weapons (LAWS). The real concern is the weapon systems’ ability to select and engage targets without human intervention. However, weapons systems that perform these functions have already been employed internationally since 1980 and The Campaign has been unable to specify which of the current systems its proposed ban should include. This article explains autonomy in general and as applied to weapons ...


Mitochondrial Replacement Therapy And The Regulation Of Reproductive Genetic Technologies In The United States, Bob Zhao Jan 2017

Mitochondrial Replacement Therapy And The Regulation Of Reproductive Genetic Technologies In The United States, Bob Zhao

Duke Law & Technology Review

The ability to alter the genes of future generations no longer belongs in the realm of science fiction. The genetic modification capabilities of modern science are advancing rapidly. Mitochondrial replacement therapy (MRT) represents the first crossing of the germline barrier in humans, and as of February 2015, it is the first procedure of its kind to be legalized in the Western world. How Congress decides to regulate MRT will influence future regulation of all genetic manipulation technologies. This brief argues that the current patchwork regulatory framework established in the United States is insufficient to deal with the complex issues MRT ...


Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, 15 J. Marshall Rev. Intell. Prop. L. 522 (2016), Sarah Dávila-Ruhaak Jan 2017

Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, 15 J. Marshall Rev. Intell. Prop. L. 522 (2016), Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

Although the right to culture has been widely recognized under international human rights, its reach and practical application has been limited in cultural preservation efforts. Individuals and communities that attempt to be part of the decision-making process in preservation efforts often face barriers to access in that process. The need to re-conceptualize the right to culture is vital for its protection and preservation. This article proposes that the right to self-determination must be utilized as a core fundamental principle that enables a disenfranchised individual or community to have ownership in preservation efforts and decide how to shape their identity. It ...


Can Jailbreaking Put You In Jail, Broke?, Trace H. Jackson Jan 2017

Can Jailbreaking Put You In Jail, Broke?, Trace H. Jackson

Florida Law Review

Most Americans own at least one “smart device.” These include smartphones and video game consoles. Device manufacturers limit an owner’s use of his smart device through both licensing agreements and technological measures. While the public largely ignores licensing agreements, the technological measures actively prevent an owner from using his device in whatever manner he sees fit, despite the fact that he owns the device. This prevention has led people to develop methods to circumvent these technological measures. These methods are device- dependent and include “jailbreaking” (iPhones), “modding” (video game consoles), and “rooting” (Androids).

This Note explores whether jailbreak developers ...


Antitrust And Information Technologies, Herbert Hovenkamp Jan 2017

Antitrust And Information Technologies, Herbert Hovenkamp

Florida Law Review

The relationship between antitrust policy and information was traditionally concerned with oral or written communications that had anticompetitive potential, mainly because they furthered collusion or market exclusion. Among the most difficult problems was interpreting the significance of communications that could be construed as either threats or offers to collude, or as facilitators of collusion. On the one hand, markets profit greatly from the free flow of information. On the other, particular uses of information threaten competition when they enable firms to coordinate price, output, or innovation.

Of course, explicit price fixing is a use of information but so are various ...