Science and Technology Law Commons^™

Homography Of Inventorship: Dabus And Valuing Inventions, Jordana Goodman

Duke Law & Technology Review

On July 28, 2021, the Device for the Autonomous Bootstrapping of Unified Sentience (“DABUS”) became the first computer to be recognized as a patent inventor. Due to the advocacy of DABUS’s inventor, Dr. Stephen Thaler, the world’s definition of “inventor” has finally fractured – dividing patent regimes between recognition of machine inventorship and lack thereof. This division has sparked many scholarly conversations about inventorship contribution, but none have discussed the implications of a homographic inventorship. This Article addresses the implications of international homographic inventorship – where countries have different notions and rules concerning patent inventorship – and the consequences for failing ...

The Future Of Ai Accountability In The Financial Markets, Gina-Gail S. Fletcher, Michelle M. Le

Vanderbilt Journal of Entertainment & Technology Law

Consumer interaction with the financial market ranges from applying for credit cards, to financing the purchase of a home, to buying and selling securities. And with each transaction, the lender, bank, and brokerage firm are likely utilizing artificial intelligence (AI) behind the scenes to augment their operations. While AI’s ability to process data at high speeds and in large quantities makes it an important tool for financial institutions, it is imperative to be attentive to the risks and limitations that accompany its use. In the context of financial markets, AI’s lack of decision-making transparency, often called the “black ...

Islamic Bioethics: National Regulations And Guidelines Of Human Stem Cell Research In The Muslim World, Azza Mahmoud

International Studies (MA) Theses

The utilization of human stem cells emerged recently in the Muslim world as one of the essential valuable areas of medicine for their vital role in developing regenerative medicine and treating chronic and incurable diseases. Existing studies indicate that most human stem cell researchers rely on varying schools of thought in Islamic law or on an individual base to define legitimate practices. From a policy perspective, the different Islamic religious decrees do not constitute a unified legal framework to promote essential international collaborations. The existing literature exhibits a limitation in comprehensive studies on human stem cell research (HSCR) in the ...

Preview—Oklahoma V. Castro-Huerta: A Test Of State And Tribal Sovereignty, Genevieve Antonioli Schmit

Public Land & Resources Law Review

Oklahoma v. Castro-Huerta challenges the reach of the United States Supreme Court’s landmark ruling in McGirt v. Oklahoma and tests the settled criminal jurisdiction scheme within Indian Country. On April 27, 2022, beginning at 10:00 a.m. EST., the U.S. Supreme Court will hear argument on the sole question of whether a state court has concurrent jurisdiction with a federal court to prosecute non-Indians who commit crimes against Indians in Indian country. The State of Oklahoma (“Petitioner”) argues that it has concurrent jurisdiction to prosecute such crimes. Castro-Huerta (“Respondent”) argues that the Court should adopt the current ...

Ayla Llc V. Alya Skin Pty. Ltd., 2021 Wl 38233624 (9th Cir. Aug. 27, 2021), Liya Levin

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Andy Warhol Foundation V. Goldsmith, Alyssa Weitkamp

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions, Claire Price

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Updating The Section 230 Safe Harbor Provision In A New Age Of Social Media Platforms, Arnold Owusu

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Strategies To Deter Child Pornography In The Absence Of A Mandatory Encryption Back Door: Tipster Programs, A Licensed Researcher System, Compelled Password Production, & Private Surveillance, Anthony Volini, Farzana Ahmed

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Assessing Automated Administration, Cary Coglianese, Alicia Lai

Faculty Scholarship at Penn Law

To fulfill their responsibilities, governments rely on administrators and employees who, simply because they are human, are prone to individual and group decision-making errors. These errors have at times produced both major tragedies and minor inefficiencies. One potential strategy for overcoming cognitive limitations and group fallibilities is to invest in artificial intelligence (AI) tools that allow for the automation of governmental tasks, thereby reducing reliance on human decision-making. Yet as much as AI tools show promise for improving public administration, automation itself can fail or can generate controversy. Public administrators face the question of when exactly they should use automation ...

Government, Big Tech, And Individual Liberty, Romaine Miller, Johnny B. Davis

Helm's School of Government Conference

The thesis is that the first principles of the Founding Fathers express in the Declaration give the proper guidance for dealing with the impact of high tech on individual liberty.

A Framework For Understanding The Taxation Of Digital Tokens, Vincent Ooi

Research Collection School Of Law

As a relatively new area, the taxation of digital tokens can give rise to several dangerous misconceptions. This article lays out five propositions to counter these misconceptions: 1) digital tokens are not a single monolithic asset class attracting uniform tax treatment; 2) the common trichotomous division of digital tokens into payment, utility and security tokens is derived from securities regulation and should not be blindly adopted into tax law; 3) the three classes are not mutually exclusive and hybrid tokens may exist; 4) the fact that an asset is a digital token rarely changes its tax treatment by itself, which ...

Blockchain Land Transfers: Technology, Promises, And Perils, Vincent Ooi, Kian Peng Soh, Jerrold Tsin Howe Soh

Research Collection School Of Law

The blockchain’s apparent immutability has attracted significant interest on whether it may be relied on for registering and transferring land. Proponents of blockchain-based land systems point toward data security, automated transacting, and improved accessibility as key benefits; critics raise concerns over structural vulnerabilities, such as majority attacks, and inconsistencies with existing legal frameworks. The literature, however, tends to conceptualise blockchain as one monolithic data structure invariably built on the same mechanisms powering Bitcoin. This paper seeks to situate the debate on a closer understanding of the range of blockchain implementations possible. To this end, we provide a detailed technological ...

Crossing The Rubicon: Evaluating The Use Of Artificial Intelligence In The Law And Singapore Courts, Ming En Tor

Research Collection School Of Law

In recent years, Artificial Intelligence (“AI”) has challenged many fundamental assumptions of how organisations and industries should operate. The Courts, traditionally seen as a hallowed ground graced by the best of lawyers, still remains as unchartered territory for AI’s infiltration. Yet, there is growing evidence which suggest AI may soon cross this frontier to replace important court functions.

This paper critically assesses the use of AI in law and the courts. Part II will first examine the arguments for and against the adoption of AI in the legal profession. Thereafter, Part III will critically examine whether AI should replace ...

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 ...

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 ...

The New State Of Surveillance: Societies Of Subjugation, Khaled Ali Beydoun

Washington and Lee Law Review

Foundational surveillance studies theory has largely been shaped in line with the experiences of white subjects in western capitalist societies. Formative scholars, most notably Michel Foucault and Gilles Deleuze, theorized that the advancement of surveillance technology tempers the State’s reliance on mass discipline and corporal punishment. Legal scholarship examining modern surveillance perpetuates this view, and popular interventions, such as the blockbuster docudrama The Social Dilemma and Shoshana Zuboff’s bestseller The Age of Surveillance Capitalism, mainstream the myth of colorblind surveillance. However, the experiences of nonwhite subjects of surveillance—pushed to or beyond the margins of these formative ...

The Computer Got It Wrong: Facial Recognition Technology And Establishing Probable Cause To Arrest, T.J. Benedict

Washington and Lee Law Review

Facial recognition technology (FRT) is a popular tool among police, who use it to identify suspects using photographs or still-images from videos. The technology is far from perfect. Recent studies highlight that many FRT systems are less effective at identifying people of color, women, older people, and children. These race, gender, and age biases arise because FRT is often “trained” using non-diverse faces. As a result, police have wrongfully arrested Black men based on mistaken FRT identifications. This Note explores the intersection of facial recognition technology and probable cause to arrest.

Courts rarely, if ever, examine FRT’s role in ...

Distributed Governance Of Medical Ai, W. Nicholson Price Ii

Law & Economics Working Papers

Artificial intelligence (AI) promises to bring substantial benefits to medicine. In addition to pushing the frontiers of what is humanly possible, like predicting kidney failure or sepsis before any human can notice, it can democratize expertise beyond the circle of highly specialized practitioners, like letting generalists diagnose diabetic degeneration of the retina. But AI doesn’t always work, and it doesn’t always work for everyone, and it doesn’t always work in every context. AI is likely to behave differently in well-resourced hospitals where it is developed than in poorly resourced frontline health environments where it might well make ...

Original Idea Or Illegal Copying? Video Game Copying In China And Its Effects On The U.S. Video Game Industry, Future Steps For U.S. Developers And Publishers, Wang, Michael

Santa Clara High Technology Law Journal

While China has been hearing more cases and trying to limit the “reskinning” of many popular video games published by U.S. and other foreign companies, China’s copyright law is too restrictive and does not consider the multitude of precedent as to how the industry has interpreted copyright regulation for video games. China’s copyright law sets such a high bar for originality that companies can create games with similar characters having similar abilities and mechanics, but still not violate China’s copyright laws. Chinese game companies have attempted to create mobile versions of popular games in order to ...