Science and Technology Law Commons^™

Hb 409, A Drastic Departure From Florida’S Traditional Stance On Will Execution Formalities, Justin Shifrin

Journal of Technology Law & Policy

The baby boomer generation is aging, and many of the citizens that belong to this generation are retiring to Florida. Accordingly, Florida is expected to host one of the largest wealth transfers in history. And while the baby boomer population ages, our society is becoming more digitized. Things we traditionally did by pen and paper are now increasingly done by computer and keystroke, and wills are no exception. What was previously considered a document whose sacred nature could only be appreciated by the affixation of a handwritten signature at the bottom thereof, wills are now being drafted, signed, witnessed, and ...

The Data Breach Epidemic: A Modern Legal Analysis, Laura A. Hendee

Journal of Technology Law & Policy

This Note sheds light on the major legal issues surrounding the numerous data breaches that plague our modern technology-driven society. Current laws in the United States vary widely in how they handle the resolution of harm to unsuspecting victims of data breaches. The issue of Article III standing is commonly at the forefront of the conflict and discussion in this area, which has resulted in a substantial circuit split in the United States. The newly enacted California Consumer Privacy Act will likely have a major impact in this area of the law and will undoubtedly influence how consumers’ personal information ...

Fake News (& Deep Fakes) And Democratic Discourse, Russell L. Weaver

Journal of Technology Law & Policy

This Article explores the problems related to fake news, bots and deep fakes. In addition to discussing the problems that they pose for public debate, it examines whether society has effective ways to deal with these problems.

Regulating The Impending Transformation Of The Meat Industry: "Cultured Meat", Jaden Atkins

Journal of Technology Law & Policy

Imagine the ability to create up to 80,000 burgers from one single sample of a cow’s leg and a simple serum. The impacts would all be enormous, from the reduction in land use and resulting environmental impact, to victories for animal rights, to human health impacts. This may sound far-off, but it could soon be our reality. Cell-cultured or simply “cultured” meat is in development and is expected to be widely available in the next few years. While this technology’s potential impacts are incredible, cultured meat challenges our current framework of food regulation, requiring new solutions to ...

Digital Age Samaritans, Zachary D. Kaufman

Boston College Law Review

Modern technology enables people to view, document, and share evidence of crimes contemporaneously or soon after commission. Electronic transmission of this material—including through social media and mobile devices—raises legal, moral, and practical questions about spectators’ responsibilities. In the digital age, will these actors be bystanders or upstanders? What role can and should the law play in shaping their behavior?

This Article argues that certain witnesses who are not physically present at the scene of a crime should be held criminally accountable for failing to report specified violent offenses of which they are aware. Focusing on rape, police brutality ...

Putting The Person In Phosita: The Human’S Obvious Role In The Artificial Intelligence Era, Connor Romm

Boston College Law Review

Advances in artificial intelligence (AI) have enabled the technology to contribute significantly to the development of patentable inventions. These advances, which allow AI to augment inventors’ problem solving capabilities, or perhaps even create inventions autonomously, have raised concerns regarding whether existing patent laws can adequately address the increasing role that AI plays in developing inventions. This tension comes to a head with patent law’s obviousness doctrine, which addresses the critical question: What constitutes a patentable invention? Is human ingenuity the sole province of patent worthy invention? Should patentability be negated to the extent that AI contributes to a claimed ...

Unexpected Inequality: Disparate-Impact From Artificial Intelligence In Healthcare Decisions, Sahar Takshi

Journal of Law and Health

Systemic discrimination in healthcare plagues marginalized groups. Physicians incorrectly view people of color as having high pain tolerance, leading to undertreatment. Women with disabilities are often undiagnosed because their symptoms are dismissed. Low-income patients have less access to appropriate treatment. These patterns, and others, reflect long-standing disparities that have become engrained in U.S. health systems.

As the healthcare industry adopts artificial intelligence and algorithminformed (AI) tools, it is vital that regulators address healthcare discrimination. AI tools are increasingly used to make both clinical and administrative decisions by hospitals, physicians, and insurers—yet there is no framework that specifically places ...

In Re Zhu: Implied Consent To Posthumous Sperm Retrieval, Mary Kathryn Sapp

Science and Technology Law Review

No abstract provided.

Electric Vehicles, Infrastructure Electrification And The Urban-Rural Divide, Nathan Reck

Science and Technology Law Review

No abstract provided.

Consumer Protections In The Context Of Holistic Healthcare, Rachel Pauerstein

Science and Technology Law Review

No abstract provided.

Crispr And The Future Of Fertility Innovation, June R. Carbone

Science and Technology Law Review

No abstract provided.

Crispr Parents And Informed Consent, Naomi Cahn

Science and Technology Law Review

No abstract provided.

Front Matter

Science and Technology Law Review

No abstract provided.

Take Note: Teaching Law Students To Be Responsible Stewards Of Technology, Kristen E. Murray

Catholic University Law Review

The modern lawyer cannot practice without some deployment of technology; practical and ethical obligations have made technological proficiency part of what it means to be practice-ready. These obligations complicate the question of what constitutes best practices in law school.

Today’s law schools are filled with students who are digital natives who don’t necessarily leverage technology in maximally efficient ways, and faculty who span multiple generations, with varying amounts of skepticism about modern technology. Students are expected to use technology to read, prepare for class, take notes, and study for and take final exams. Professors might use technology to ...

Nanotechnology Patent Law: A Case Study Of The United States And European Patent Applications, Costello-Caulkins, Michael

Santa Clara High Technology Law Journal

NANOTECHNOLOGY PATENT LAW: A CASE STUDY OF THE UNITED STATES AND EUROPEAN PATENT APPLICATIONS

Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.

Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner

Public Land & Resources Law Review

The Supreme Court of the United States has not scheduled oral arguments for this matter. In October 2020, the Court asked for the federal government’s views on the case but has not yet decided whether it will exercise its jurisdiction over the challenge.

Social Support For Terrorists: Facebook’S “Friend Suggestion” Algorithm, Section 230 Immunity, Material Support For Terrorists, And The First Amendment, Yost, Ellen Smith

Santa Clara High Technology Law Journal

SOCIAL SUPPORT FOR TERRORISTS: FACEBOOK’S “FRIEND SUGGESTION” ALGORITHM, SECTION 230 IMMUNITY, MATERIAL SUPPORT FOR TERRORISTS, AND THE FIRST AMENDMENT

Personhood For Synthetic Beings: Legal Parameters And Consequences Of The Dawn Of Humanlike Artificial Intelligence, Osborne, Daniel S.

Santa Clara High Technology Law Journal

PERSONHOOD FOR SYNTHETIC BEINGS: LEGAL PARAMETERS AND CONSEQUENCES OF THE DAWN OF HUMANLIKEARTIFICIAL INTELLIGENCE

Administrative Law In The Automated State, Cary Coglianese

Faculty Scholarship at Penn Law

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated ...