Science and Technology Law Commons^™

I, Copyright, Huson, Garrett

Santa Clara High Technology Law Journal

I, Copyright

“Fly Home Ye Ravens!”: How The Fcc’S Abandonment Of Broadband Regulation Will Harm Music Diversity, Batty, Luke

Santa Clara High Technology Law Journal

“Fly Home Ye Ravens!”: How the FCC’s Abandonment of Broadband Regulation Will Harm Music Diversity

From Bits To Atoms: Does The Open Source Software Model Translate To Open Source Hardware?, Beldiman, Dana

Santa Clara High Technology Law Journal

From Bits to Atoms: Does the Open Source Software Model

Translate to Open Source Hardware?

Unfair Misuse: How Section 512 Of The Dmca Allows Abuse Of The Copyright Fair Use Doctrine And How To Fix It, Matteson, Joel D.

Santa Clara High Technology Law Journal

Unfair Misuse: How Section 512 of the DMCA Allows Abuse of the Copyright Fair Use Doctrine and How to Fix It

Drones: Proposed Standards Of Liability, Harris, Kristopher-Kent ‘K-K’

Santa Clara High Technology Law Journal

Drones: Proposed Standards of Liability

Model(Ing) Privacy: Empirical Approaches To Privacy Law And Governance, Barrett, Lindsey

Santa Clara High Technology Law Journal

Model(ing) Privacy: Empirical Approaches to Privacy Law and Governance

The Biosimilar Patent Dance- If You Don't Dance You're No Friend Of Mine, Ladonnikov, Alexej

Santa Clara High Technology Law Journal

The Biosimilar Patent Dance- If You Don't Dance Your No Friend of Mine

Liability Issue Of Domestic Drones, Sehrawat, Vivek

Santa Clara High Technology Law Journal

Liability Issue of Domestic Drones

Mitochondrial Replacement Therapy: How A Government For The People, Failed The People, Jeffery Mark Sauer

University of Miami Law Review

Despite having the potential to significantly reduce the passage of many lethal diseases and devastating birth defects, mitochondrial replacement therapy—a controversial medical procedure in which mitochondrial RNA from a healthy female replaces the mitochondrial RNA from the intended mother in vitro—will have no place in the United States anytime soon. Under the guise of purported safety concerns and ethical dilemmas, the Republican Congress used its “power of the purse” to halt any and all research furthering mitochondrial replacement therapy, notwithstanding the fact that many leaders in the medical community have advocated for further research. Several developed countries have ...

Editing Nature: Reconceptualizing Biotechnology Governance, Jonas J. Monast

Boston College Law Review

CRISPR-Cas9 (CRISPR) and other advances in gene editing techniques are fostering a rapid evolution within the field of biotechnology. Scientists can now modify the DNA of living organisms with precision by removing undesirable traits or inserting desirable traits. The edits may impact a single organism or result in genetic alterations that are designed to pass on to offspring (referred to as “gene drives”), potentially altering or eradicating an entire species. Prior to the discovery of the CRISPR gene editing process, the state of the technology presented barriers to widespread and precise genetic engineering. CRISPR changes the equation. With fewer technological ...

Freedom Of Research And The Right To Science: From Theory To Advocacy, Andrea Boggio, Romano P.R. Cesare

History and Social Sciences Faculty Journal Articles

While international law recognizes a human right to science, the binding normative content of this right needs to be better clarified and specified. To advance our understanding of this understudied right, this chapter offers a theoretical analysis of ways in which the right to science can be realized. The chapter is divided in three sections: the first section discusses the recognition of the right to science under international and regional legal instruments; the second presents a literature review; and the third discusses how judicial and political mobilisation as paths to contribute to our understating of this right and defining its ...

The Canadian Crown's Duty To Consult Indigenous Nations' Knowledge Systems In Federal Environmental Assessments, Stephen S. Crawford

The International Indigenous Policy Journal

In 2016, the Government of Canada undertook a review of regulatory processes for federal environmental assessments (EAs) in preparation for replacing the Canadian Environmental Assessment Act. An EA Expert Panel was appointed to review numerous oral and written submissions from Indigenous nations, government agencies, and the public. The Panel's final report included recommendations that were considered by Canada in the development of its currently proposed new legislation regarding federal EAs: Bill C-69. The goal of this analysis is to evaluate the extent to which Canada’s review and proposed legislation actually addressed the Crown’s duty to consult Indigenous ...

Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey

Public Land & Resources Law Review

Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor ...

Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western

Public Land & Resources Law Review

As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain ...

Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot

Public Land & Resources Law Review

In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of ...

Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas

Public Land & Resources Law Review

Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages ...

Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson

Public Land & Resources Law Review

No abstract provided.

Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic

Public Land & Resources Law Review

No abstract provided.

Center For Biological Diversity V. Zinke, Ryan Hickey

Public Land & Resources Law Review

The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding ...

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit ...