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Articles 1 - 30 of 35
Full-Text Articles in Science and Technology Law
Georgia’S Approach To Proportionality And Sanctions For The Spoliation Of Electronically Stored Information, Matthew Daigle
Georgia’S Approach To Proportionality And Sanctions For The Spoliation Of Electronically Stored Information, Matthew Daigle
Georgia State University Law Review
The rapid evolution and implementation of technology in society has resulted in the increasing use of data as evidence in court. While the scope of discovery is limited by, among other things, the burden imposed on the producing party, the sheer magnitude of electronic evidence compared to its physical counterpart necessitates a different framework for evaluating such a burden. Without limiting factors, the discoverability of electronically stored information (ESI) exposes producing parties to liability disproportionate to the value of a case. While the Federal Rules of Civil Procedure have evolved to address the discovery of ESI, the Georgia Civil Practice …
The Limits And Possibilities Of Data-Driven Antitrafficking Efforts, Jennifer Musto Ph.D.
The Limits And Possibilities Of Data-Driven Antitrafficking Efforts, Jennifer Musto Ph.D.
Georgia State University Law Review
An examination of technology in the countertrafficking space reveals recurring tensions between law enforcement and rights-based approaches. It also illuminates assumptions, such as the one that posits more law enforcement-focused, nonstate-actor-supported data-driven efforts are necessary to securing justice for people in trafficking situations. However, a closer look at how technology is used and by whom also invites us to ask different questions and to leverage the power of our all-too-human creative potential in thinking about how to value and prioritize data ethics, transparency, and accountability in future countertrafficking work.
Hardware, Heartware, Or Nightmare: Smart-City Technology And The Concomitant Erosion Of Privacy, Leila Lawlor
Hardware, Heartware, Or Nightmare: Smart-City Technology And The Concomitant Erosion Of Privacy, Leila Lawlor
Faculty Publications By Year
Smart city technology is being adopted in cities all around the world to simplify our lives, save us time, ease traffic, improve education, reduce energy usage and keep us safe. This article discusses smart city projects being utilized in crime prevention and investigations. Specifically, this article highlights examples of gunshot detection devices and surveillance that have led to improvements in public safety in Cape Town, Chicago and Atlanta, and discusses their impacts to privacy.
Georgia State Law Review Symposium Keynote Address: Uncovering Forensic Flaws - An Outside Perspective, Spencer S. Hsu
Georgia State Law Review Symposium Keynote Address: Uncovering Forensic Flaws - An Outside Perspective, Spencer S. Hsu
Georgia State University Law Review
This transcript is a reproduction of the Keynote Address by Spencer Hsu at the 2017–2018 Georgia State University Law Review Symposium — From the Crime Scene to the Court room: The Future of Forensic Science Reform — on April 6, 2018.
Spencer Hsu is an investigative reporter at the Washington Post, a two-time Pulitzer Prize finalist, and a national Emmy Award nominee.
Deploying The Secret Police: The Use Of Algorithms In The Criminal Justice System, Jessica Gabel Cino
Deploying The Secret Police: The Use Of Algorithms In The Criminal Justice System, Jessica Gabel Cino
Georgia State University Law Review
Algorithms saturate our lives today; from curated song lists to recommending “friends” and news feeds, they factor into some of the most human aspects of decision-making, tapping into preferences based on an ever-growing amount of data. Regardless of whether the algorithm pertains to routing you around traffic jams or finding your next dinner, there is little regulation and even less transparency regarding just how these algorithms work. Paralleling this societal adoption, the criminal justice system now employs algorithms in some of the most important aspects of investigation and decision-making.
The lack of oversight is abundantly apparent in the criminal justice …
A Discouraging Omen: A Critical Evaluation Of The Approved Uniform Language For Testimony And Reports For The Forensic Latent Print Discipline, Simon A. Cole
Georgia State University Law Review
The theme of the 2018 Georgia State University Law Review symposium is the Future of Forensic Science Reform. In this Article, I will assess the prospects for reform through a critical evaluation of a document published in February 2018 by the United States Department of Justice (DOJ), the Approved Uniform Language for Testimony and Reports for the Forensic Latent Print Discipline (ULTR).
I argue that this document provides reason to be concerned about the prospects of forensic science reform. In Part I, I discuss the background of the ULTR. In Part II, I undertake a critical evaluation of the ULTR. …
Safety From Flawed Forensic Sciences Evidence, Boaz Sangero
Safety From Flawed Forensic Sciences Evidence, Boaz Sangero
Georgia State University Law Review
This article addresses the way to safety in the context of forensic sciences evidence. After presenting the current lack of safety, which I term “unsafety,” I raise some possible safety measures to contend with this. My suggestions are grounded on two bases: first, the specific analysis of each type of evidence in line with the most recent research on the subject; and second, modern safety theory and its application to the criminal justice system. It is important to stress that my proposals represent only some of the conceivable safety measures. Developing a comprehensive safety theory for the criminal justice system …
The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman
The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman
Georgia State University Law Review
As this Article sets forth, once a computerized algorithm is used by the government, constitutional rights may attach. And, at the very least, those rights require that algorithms used by the government as evidence in criminal trials be made available—both to litigants and the public. Scholars have discussed how the government’s refusal to disclose such algorithms runs afoul of defendants’ constitutional rights, but few have considered the public’s interest in these algorithms—or the widespread impact that public disclosure and auditing could have on ensuring their quality.
This Article aims to add to that discussion by setting forth a theory of …
The Overdose/Homicide Epidemic, Valena E. Beety
The Overdose/Homicide Epidemic, Valena E. Beety
Georgia State University Law Review
This Article explores the lack of regulation of coroners, concerns within the forensic science community on the reliability of coroner determinations, and ultimately, how elected laypeople serving as coroners may influence the rise in drug-induced homicide prosecutions in the midst of the opioid epidemic.
This Article proposes that the manner of death determination contributes to overdoses being differently prosecuted; that coroners in rural counties are more likely to determine the manner of death for an illicit substance overdose is homicide; and that coroners are provided with insufficient training on interacting with the criminal justice system, particularly on overdose deaths. Death …
The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako
The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako
Georgia State University Law Review
The use of an array of scientific techniques and technologies is now considered customary within criminal justice, with technological developments and scientific advancements regularly added to the crime investigator’s arsenal. However, the scientific basis, reliability, and fallibility of the application of such “forensic science” (and the resulting scientific evidence) continues to come under intense scrutiny. In response to apparently irremediable problems with the quality of scientific evidence in the United Kingdom (UK), the government created the role of “Forensic Science Regulator” in 2007.
The introduction of a regulator was intended to establish quality standards for all forensic science providers in …
Three Transformative Ideals To Build A Better Crime Lab, Nicole B. Cásarez, Sandra G. Thompson
Three Transformative Ideals To Build A Better Crime Lab, Nicole B. Cásarez, Sandra G. Thompson
Georgia State University Law Review
This Article proposes that policy makers should consider establishing their jurisdiction’s crime laboratories as government corporations independent of law enforcement as a means of improving their quality and efficiency. Simply building new buildings or seeking accreditation will not solve the endemic problems that crime laboratories have faced. Rather, we propose that crime laboratories be restructured with a new organizational framework comparable to the Houston Forensic Science Center's (HFSC) status as a local government corporation (LGC), which has proven to be conducive to creating a new institutional culture.
From our experience with the HFSC, we also believe that crime laboratories are …
Whose Sperm Is It Anyways In The Wild, Wild West Of The Fertility Industry?, Tatiana E. Posada
Whose Sperm Is It Anyways In The Wild, Wild West Of The Fertility Industry?, Tatiana E. Posada
Georgia State University Law Review
Imagine a couple that is unable to conceive a child naturally. Luckily, they had the money and resources available to them to conceive a child through assisted reproductive technology (ART), so they decided to start their family through the use of intrauterine insemination. They selected a sperm bank and began the arduous process of selecting a sperm donor who fit the desired traits and characteristics for their child. The sperm bank matched them with an anonymous donor, Donor 9623, and assured the couple that the donor was “a healthy male with an IQ of 160, a bachelor’s of science in …
Reforming Regenerative Medicine Regulation, Sarah Duranske
Reforming Regenerative Medicine Regulation, Sarah Duranske
Georgia State University Law Review
Regenerative medicine is defined as the branch of medicine that develops methods to regrow, repair, or replace damaged or diseased cells or tissues. It includes a variety of approaches, such as transplanting cells to promote healing, editing genes in cells to attack cancer, and even building organs from biological materials. Regulating regenerative medicine therapies is no easy task. Finding a balance between competing interests–enabling timely access for needy patients while simultaneously ensuring a positive benefit/risk profile and promoting the development of beneficial innovations–is hard enough at any given point in time. But add in constantly advancing scientific knowledge and increasing …
Not So Good: The Classification Of “Smart Goods” Under Ucc Article 2, Chadwick L. Williams
Not So Good: The Classification Of “Smart Goods” Under Ucc Article 2, Chadwick L. Williams
Georgia State University Law Review
Refrigerators can now tweet. Today, almost sixty years after the states widely adopted the Uniform Commercial Code (UCC), the line between goods and services is more blurred than ever. When the UCC was drafted, a good was the simple opposite of a service. A good was something “movable” and tangible, and a service was not. Article 2 of the UCC, which governs sales, limits its scope to goods.
However, because Article 2 was drafted long before the proliferation of so-called “smart goods,” courts continuously struggle to determine when a smart good falls within Article 2’s scope. Courts have developed different …
Sb 219 - Autonomous Vehicles, W. Perry Hicks, Alan J. Ponce
Sb 219 - Autonomous Vehicles, W. Perry Hicks, Alan J. Ponce
Georgia State University Law Review
The Act amends Georgia’s Motor Vehicles and Traffic Code to create a legal framework for autonomous vehicles to operate in Georgia. Persons responsible for operating fully autonomous vehicles are exempted from holding a driver’s license. In the event of an accident involving an autonomous vehicle, the vehicle must remain at the scene and the operator of the autonomous vehicle must provide necessary information to law enforcement. Minimum liability insurance requirements for autonomous vehicles will be the same as minimum coverages required for the taxi and limousine industry after January 1, 2020. Minimum coverages are set at 250 percent of those …
Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith
Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith
Georgia State University Law Review
The Act limits the civil and criminal liability of a space flight entity for injuries sustained by space flight participants arising from ordinary negligence. The Act defines new terms and provides a statutory waiver form that participants with informed consent must sign. The Act mandates space flight participants sign the waiver before participating in any space flight activity. The Act does not limit the liability of space flight entities for gross negligence or intentional acts, nor does it prevent suits from anyone other than the space flight participant.
Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber
Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber
Georgia State University Law Review
A few years ago one might have seen a small object flying overhead without any idea what it could be. Today, it is fairly commonplace to see drones flying around our neighborhood skies. The Federal Aviation Administration (FAA) predicts there will be seven million drones populating our skies by 2020. In 2015 hobbyists, recreational users, and commercial businesses purchased unmanned aerial vehicles, commonly referred to as drones, in record-breaking numbers. Estimates reveal that over 4.3 million drones were sold worldwide in 2015. Trade industry experts predicted that more than 2.8 million drones would be sold in the U.S. in 2016 …
Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell
Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell
Georgia State University Law Review
On June 5, 2013, Edward Snowden released what would be the first of many documents exposing the vast breadth of electronic surveillance the Federal Bureau of Investigation (FBI) and the National Security Agency (NSA) had been conducting on millions of United States citizens. Although the federal agencies had legal authority under the Foreign Intelligence Surveillance Act (FISA) to collect metadata from companies such as Verizon, many Americans considered this data collection to be a massive invasion of privacy.
Equipped with the knowledge of sweeping domestic surveillance programs, citizens and technology firms fighting for strong privacy and security protection, have started …
Having An Affair May Shorten Your Life: The Ashley Madison Suicides, Sakinah N. Jones
Having An Affair May Shorten Your Life: The Ashley Madison Suicides, Sakinah N. Jones
Georgia State University Law Review
Ashley Madison is an online dating service originally designed for people in committed relationships who want to cheat on their partners. In 2015, the website claimed to be “100% discreet.” Ashley Madison’s FAQs promised that its users would never compromise their “safety, privacy or security” and would never have to reveal their identities unless they chose to.
Ashley Madison’s concept attracted over forty million ostensibly anonymous members to its site. In July 2015, a group calling itself The Impact Team (Impact) hacked into Ashley Madison’s parent company, Avid Life Media, Inc. (Avid Life), breaching its security walls and reaching directly …
Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia J. Zettler
Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia J. Zettler
Faculty Publications By Year
No abstract provided.
Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia J. Zettler
Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia J. Zettler
Faculty Publications By Year
In addition to being an example of unsubstantiated hype about regenerative medicine, the controversy around the Italy-based Stamina Foundation's unproven stem cell therapy represents another chapter in a continuing debate about how to balance patients' requests for early access to experimental medicines with requirements for demonstrating safety and effectiveness. Compassionate use of the Stamina therapy arguably should not have been permitted under Italy's laws, but public pressure was intense and judges ultimately granted access. One lesson from these events is that expert regulatory agencies may be the institutions most competent to make compassionate use decisions and that policies should include …
Regulatory Competitive Shelters In The Area Of Personalized Medicine, Yaniv Heled
Regulatory Competitive Shelters In The Area Of Personalized Medicine, Yaniv Heled
Faculty Publications By Year
No abstract provided.
Avoiding Ethical Problems In Social Media, Nicole G. Iannarone
Avoiding Ethical Problems In Social Media, Nicole G. Iannarone
Faculty Publications By Year
No abstract provided.
The First Amendment And The Rpas, Caren M. Morrison
The First Amendment And The Rpas, Caren M. Morrison
Faculty Publications By Year
No abstract provided.
Software Patentability After Prometheus, Joseph Holland King
Software Patentability After Prometheus, Joseph Holland King
Georgia State University Law Review
This Note examines the history of patentability of abstract ideas and the tests that courts have used to make the determination of whether an invention incorporating an abstract idea is patentable. Part I provides a history of the four seminal cases related to patentable subject matter, as well as some more recent on point decisions. Part II changes focus to the various tests and factors that have been used by the courts, exploring the history of each, discussing the treatment by the Supreme Court, and determining the strengths and weaknesses of each. Based on the discussion in Part II, Part …
Shadow Dwellers: The Underregulated World Of State And Local Dna Databases, Stephen Mercer, Jessica D. Gabel
Shadow Dwellers: The Underregulated World Of State And Local Dna Databases, Stephen Mercer, Jessica D. Gabel
Faculty Publications By Year
No abstract provided.
Patents Vs. Statutory Exclusivities In Biological Pharmaceuticals - Do We Really Need Both?, Yaniv Heled
Patents Vs. Statutory Exclusivities In Biological Pharmaceuticals - Do We Really Need Both?, Yaniv Heled
Faculty Publications By Year
On March 23, 2010, President Obama signed into law the Biologics Price Competition and Innovation Act (BPCIA) as part of the Patient Protection and Affordable Care Act (also known as the Healthcare Bill). BPCIA sets up a framework for the approval of generic biologics and provides for up to 12.5 years of market exclusivity for FDA approved bio-pharmaceutical products. The exclusivity is intended to run in parallel and in addition to any patents that may apply to such approved bio-pharmaceutical products, which would also grant the developers of these products monopolies in the underlying technologies on which such bio-pharmaceutical products …
Csi Las Vegas: Privacy, Policing, And Profiteering In Casino Structured Intelligence, Jessica D. Gabel
Csi Las Vegas: Privacy, Policing, And Profiteering In Casino Structured Intelligence, Jessica D. Gabel
Faculty Publications By Year
Casinos are powerhouses of information gathering and distribution and use their surveillance activities to police, protect, and profit. The private information does not exist in a vacuum; casinos share it with other casinos and, in some cases, law enforcement. But who protects the consumer in the event that the information is breached or the company is sold or files for bankruptcy? Are there restrictions on the information that casinos may share with law enforcement? This Article argues that the intricate, vast amounts of consumer information compiled through casino structured intelligence ("CSI") require greater protection and oversight in the contexts of …
From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access To Experimental Therapy, Patricia J. Zettler, Seema K. Shah
From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access To Experimental Therapy, Patricia J. Zettler, Seema K. Shah
Faculty Publications By Year
Although there has been considerable attention to the plight of terminally ill patients with highly sympathetic constitutional and contractual claims that they should be permitted access to unapproved drugs, courts have been appropriately reluctant to grant such claims. Congress and administrative agencies have the requisite institutional competence to decide complex policy issues related to science and health care such as those involved in establishing an expanded access program. Congress and FDA should allow only limited access to unapproved therapies because there are significant concerns about the safety and efficacy of unapproved drugs. Moreover, many of the proposals to widen access …
The Implications Of Post-Phase 1 And "Off-Label" Treatment Use Of Experimental Drugs: How Expansive Should Expanded Access Be?, Patricia J. Zettler
The Implications Of Post-Phase 1 And "Off-Label" Treatment Use Of Experimental Drugs: How Expansive Should Expanded Access Be?, Patricia J. Zettler
Faculty Publications By Year
No abstract provided.