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Articles 1 - 26 of 26
Full-Text Articles in Science and Technology Studies
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
William K. Ford
Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …
The Killer Idea: How Some Gunslinging Anarchists Held Freedom Of Speech At Gunpoint, Gert A. Van Vugt Msc
The Killer Idea: How Some Gunslinging Anarchists Held Freedom Of Speech At Gunpoint, Gert A. Van Vugt Msc
Gert A van Vugt MSc
In May 2013, the first all-plastic, 3D printed gun was fired. This paper offers a detailed description of the origins and development of the printable gun. It elucidates the transformation of the principal narrative in the increasing media coverage from circumventing arms regulation to defending free speech, highlighting the role of Defense Distributed and their strategic framing of the printable gun. Finally, the uptake of the latter narrative by early popular and scholarly contributions is discussed. The paper highlights the political impact of narrative formation in debates about regulating 3D printing and the communication of printable designs, and suggests an …
Energy And Environment Policy Case For A Global Project, Thomas A. Faunce
Energy And Environment Policy Case For A Global Project, Thomas A. Faunce
Thomas A Faunce
A policy case is made for a global project on artificial photosynthesis including its scientific justification, potential governance structure and funding mechanisms.
Ch 21. 'Future Perspectives On Solar Fuels', Thomas A. Faunce
Ch 21. 'Future Perspectives On Solar Fuels', Thomas A. Faunce
Thomas A Faunce
This chapter opens by examining whether the research and development of molecular solar fuels will be characterized in future by its promotion of fundamental societal virtues such as equality and environmental sustainability. As a thought experiment, it presents a vision of some important elements of such a future world—one where energy is primarily not only a matter of global artificial photosynthesis (GAP), but of such virtues. Central to the future perspective presented here is nanotechnological construction with enhanced efficiency of each aspect of the natural photosynthetic process into units capable of inexpensive mass production for domestic use. This involves a …
Governing Planetary Nanomedicine: Environmental Sustainability And A Unesco Universal Declaration On The Bioethics And Human Rights Of Natural And Artificial Photosynthesis (Global Solar Fuels And Foods)., Thomas A. Faunce
Thomas A Faunce
Environmental and public health-focused sciences are increasingly characterised as constituting an emerging discipline—planetary medicine. From a governance perspective, the ethical components of that discipline may usefully be viewed as bestowing upon our ailing natural environment the symbolic moral status of a patient. Such components emphasise, for example, the origins and content of professional and social virtues and related ethical principles needed to promote global governance systems and policies that reduce ecological stresses and pathologies derived from human overpopulation, selfishness and greed— such as pollution, loss of biodiversity, deforestation and greenhouse gas emissions, as well as provide necessary energy, water and …
A Bad Trip For Health-Related Human Rights: Implications Of Momcilovic V The Queen (2011) 85 Aljr 957, Tim Vines, Thomas A. Faunce
A Bad Trip For Health-Related Human Rights: Implications Of Momcilovic V The Queen (2011) 85 Aljr 957, Tim Vines, Thomas A. Faunce
Thomas A Faunce
Momcilovic v The Queen (2011) 85 ALJR 957 [PDF] ; [2011] HCA 34 arose from a prosecution for drug trafficking brought under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) . The Australian High Court held that the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) validly conferred a power on the Victorian Supreme Court and Court of Appeal to interpret legislation in a manner consistent with a defined list of human rights. By a slim majority it also held that the Charter validly created a judicial power to "declare" a law inconsistent with one or …
Challenges To Australia’S National Health Policy From Trade And Investment Agreements, Thomas A. Faunce
Challenges To Australia’S National Health Policy From Trade And Investment Agreements, Thomas A. Faunce
Thomas A Faunce
Recent federal trade policy commitments concerning the Trans-Pacific Partnership Agreement (TPPA) negotiations (against changes to the Pharmaceutical Benefits Scheme (PBS) and against inclusion of an investor state provision) could protect Australia’s tobacco control legislation and Australia's sovereign capacity to regulate public health and environmental policy
The Proposed Ban On Certain Nanomaterials For Electrical And Electronic Equipment In Europe: Global Security Implications, Thomas A. Faunce, Hitoshi Nasu
The Proposed Ban On Certain Nanomaterials For Electrical And Electronic Equipment In Europe: Global Security Implications, Thomas A. Faunce, Hitoshi Nasu
Thomas A Faunce
International collaboration on nanotechnology governance has so far paid little attention to security implications of regulating the use of nanotechnology. For example, the Coalition of Non-Governmental Organizations (initiated by the International Centre for Technological Assessment) developed 'Principles for the Oversight of Nanotechnologies and Nanomaterials' to provide a set of ethical standards for nanotechnology research and development (Kimbrell, 2009). Similar initiatives are observed at the national level, as has been seen in the Swiss Retailers Association Code of Conduct and the UK's Responsible NanoCode (Bowman and Hodge, 2009, pp.149-152). The Organization for Economic Co-operation and Development (OECD) has also been active …
Towards Global Artificial Photosynthesis (Global Solar Fuels): Energy, Nanochemistry And Governance, Thomas A. Faunce
Towards Global Artificial Photosynthesis (Global Solar Fuels): Energy, Nanochemistry And Governance, Thomas A. Faunce
Thomas A Faunce
Introduction to special open access edition of Australian Journal of Chemistry with papers from 'Towards Global Artificial Photosynthesis: Energy, Nanochemistry and Governance' conference Lord Howe Island 2011
Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson
Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.
Biowatch South Africa And The Challenges In Enforcing Its Constitutional Right To Access To Information, Wilhelm Peekhaus
Biowatch South Africa And The Challenges In Enforcing Its Constitutional Right To Access To Information, Wilhelm Peekhaus
Wilhelm Peekhaus
This paper examines the difficulties encountered by Biowatch, a South African civil society environmental organization, in its attempts to obtain access to government information in respect of genetically engineered plants. After establishing the context of South Africa's access to information regime, including a brief discussion of several of its weaknesses, the paper engages in an extended account of the Biowatch case as an exemplar of some of the more pronounced challenges to the effective implementation of the country's access to information legislation. The elaboration of the case is based on interviews conducted with the Director of Biowatch and counsel from …
Cancun Climate Negotiations, Prof. Elizabeth Burleson
Cancun Climate Negotiations, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Indigenous peoples have modeled sustainable development around the world. Incentivizing the innovation and instillation of wind, solar, and other renewable energy sources can come in the form of public funding, including renewable portfolio standards, feed in tariffs and green tag programs. This article analyzes ways in which tribal communities are helping to expand cooperative good governance.
Governing Nanotechnology For Solar Fuels: Towards A Jurisprudence Of Global Artificial Photosynthesis, Thomas A. Faunce
Governing Nanotechnology For Solar Fuels: Towards A Jurisprudence Of Global Artificial Photosynthesis, Thomas A. Faunce
Thomas A Faunce
The carbon-based fossil fuels (chiefly oil, coal, and natural gas) implicated in anthropogenic climate change are sequestered outcomes of millions of years of natural photosynthesis. Many emerging areas of nanotechnology research are focusing on artificial photosynthesis as a long-term planetary renewable energy and carbon management option – by providing an alternative form of energy to both fossil fuels and biofuels and as a means of stabilising atmospheric CO2. A macroscience Global Artificial Photosynthesis (GAP) Project, by allowing researchers to refine and enhance the process of photosynthesis, has the potential to become a valuable adjunct to or even supplant other bioenergy …
Artificial Photosynthesis: Feeding And Fuelling The Future, Thomas A. Faunce
Artificial Photosynthesis: Feeding And Fuelling The Future, Thomas A. Faunce
Thomas A Faunce
Large research teams in many nations are using nanotechnology to actively redesign photosynthetic components such as light capture antennae, artificial reaction centre proteins, organic polymers and inorganic catalysts. A major aim was to achieve low cost, localised, off-the electricity grid use of sunlight to split water and achieve hydrogen for fuel cells or compression and hyper-cooling to form a liquid fuel that when burnt produces fresh water. The first international conference dedicated to creating a Global Artificial Photosynthesis (GAP) project was held in Australia at Lord Howe Island on 14-18 August 2011. As well as having endorsement from the UNESCO …
Global Artificial Photosynthesis: A Scientific And Legal Introduction., Thomas A. Faunce
Global Artificial Photosynthesis: A Scientific And Legal Introduction., Thomas A. Faunce
Thomas A Faunce
With the global human population set to exceed 10 billion by 2050, its collective energy consumption to rise from 400 to over 500 EJ/yr and with the natural environment under increasing pressure from these sources as well as from anthropogenic climate change, political solutions such as the creation of an efficient carbon price and trading scheme may arrive too late. In this context, the scientific community is exploring technological remedies. Central to these options is artificial photosynthesis – the creation, particularly through nanotechnology, of devices capable to doing what plants have done for millions of years – transforming sunlight, water …
Will International Trade Law Promote Or Inhibit Global Artificial Photosynthesis, Thomas A. Faunce
Will International Trade Law Promote Or Inhibit Global Artificial Photosynthesis, Thomas A. Faunce
Thomas A Faunce
Artificial photosynthesis (AP) is an area of well-advanced research involving large international groups at the cutting edge of synthetic biology and nanotechnology. In simple terms it offers to produce a cheap source of hydrogen for fuel through using sunlight to split water, as well as making basic starches by a process involving absorption of carbon dioxide via the enzyme RuBisCO. As the proliferating numbers of university-based research teams working in this area begin to combine, there will be a natural escalation of the expected time for a global roll-out of AP domestic and international devices. Policy attention will then turns …
China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson
China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Climate resilient communities can be achieved with the support of global research, development, deployment, and diffusion of environmentally sound low GHG emission technologies and processes. Technology cooperation should lower emissions remaining mindful of biodiversity, ecosystem services and livelihoods. China and the United States need to respond effectively to both economic and climate crises and can do so in part by cooperating on environmentally sound technology that transforms the global use of energy.
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.
Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson
Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The World Economic Forum recognizes that while restrictions on energy affect water systems and vice versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Thomas A Faunce
The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, …
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu
Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu
Thomas A Faunce
The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on …
Twenty-First Century Forensic Science Challenges For Trial Judges In Criminal Cases: Where The "Polybutadiene" Meets The "Bitumen", Hon. Donald E. Shelton
Twenty-First Century Forensic Science Challenges For Trial Judges In Criminal Cases: Where The "Polybutadiene" Meets The "Bitumen", Hon. Donald E. Shelton
Hon. Donald E. Shelton
This artice discusses the challenges faced by trial judges in crimnal cases in fulfilling their Daubert "gatekeeping" role in the face of rapid advancements in forensic science. Admissibility questions for various forms of scientific evidence are reviewed, from DNA to fingerprints to social science "syndrome" evidence. The article discusses the pretrial issues presented by DNA databases, search issues and limitations problems as well as the impact of forensic science developments on juror expectations. Finally, forensic science issues regarding trial conduct are discussed, including voir dire, arguments and jury instructions,
Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk
Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk
Thomas A Faunce
On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …
The Blogosphere And The New Pamphleteers, Donald J. Kochan
The Blogosphere And The New Pamphleteers, Donald J. Kochan
Donald J. Kochan
The future of the free dissemination of information lies in the blog, some may say. The internet has entirely transformed how we receive and consume information. It’s the newest incarnation of information dissemination. From the insights of Alexis de Tocqueville, “Feelings and opinions are recruited, the heart is enlarged, and the human mind is developed only by the reciprocal influence of men upon one another.” Bloggers are a powerful force in the distribution of information and ideas and the creation of communities of conversation. Throughout history, the dissemination of information, news, opinions, and ideas has continuously transformed. In the 18th …
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.