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Embryos As Patients? Medical Provider Duties In The Age Of Crispr/Cas9, G. Edward Powell III 2017 Duke Law

Embryos As Patients? Medical Provider Duties In The Age Of Crispr/Cas9, G. Edward Powell Iii

Duke Law & Technology Review

The CRISPR/Cas9 genome engineering platform is the first method of gene editing that could potentially be used to treat genetic disorders in human embryos. No past therapies, genetic or otherwise, have been intended or used to treat disorders in existent embryos. Past procedures performed on embryos have exclusively involved creation and implantation (e.g., in-vitro fertilization) or screening and selection of already-healthy embryos (e.g., preimplantation genetic diagnosis). A CRISPR/Cas9 treatment would evade medical malpractice law due to the early stage of the intervention and the fact that it is not a treatment for the mother. In most ...


Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft 2017 Duke Law

Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft

Duke Law & Technology Review

Current law concerning the militarization and weaponization of outer space is inadequate for present times. The increased implementation of “dual-use” space technologies poses obstacles for the demilitarization of space. This paper examines how far the militarization of space should be taken and also whether weapons of any kind should be placed in space. Further steps must be taken in international space law to attempt to keep the militarization and weaponization of space under control in order to promote and maintain a free outer space for research and exploration.


Space Weapons And The Law, Bill Boothby 2017 U.S. Naval War College

Space Weapons And The Law, Bill Boothby

International Law Studies

Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and ...


The Expanding Scope Of Human Rights In A Technological World — Using The Interamerican Court Of Human Rights To Establish A Minimum Data Protection Standard Across Latin America, Josiah Wolfson 2017 University of Miami Law School

The Expanding Scope Of Human Rights In A Technological World — Using The Interamerican Court Of Human Rights To Establish A Minimum Data Protection Standard Across Latin America, Josiah Wolfson

University of Miami Inter-American Law Review

Privacy is a human right that many in the world do not enjoy. The failure of many countries to prioritize privacy through the passage and enforcement of comprehensive data protection laws has left their citizens vulnerable. The Inter-American Court of Human Rights should use its authority to set a minimum data protection standard for its Member States.

This Note discusses the historical development of data protection, the current data protection gap in Latin America, and proposes the role that the Inter-American Court of Human Rights should play in advancing a minimum data protection standard in the region.


The Defend Trade Secrets Act Isn't An "Intellectual Property" Law, Eric Goldman 2017 Santa Clara Law

The Defend Trade Secrets Act Isn't An "Intellectual Property" Law, Eric Goldman

Santa Clara High Technology Law Journal

The Defend Trade Secrets Act isn't an "Intellectual Property" Law


Threatened Misappropriation Of Trade Secrets: Making A Federal (Dtsa) Case Out Of It, David Bohrer 2017 Santa Clara Law

Threatened Misappropriation Of Trade Secrets: Making A Federal (Dtsa) Case Out Of It, David Bohrer

Santa Clara High Technology Law Journal

Threatened Misappropriation of Trade Secrets: Making a Federal (DTSA) Case out of it


Identifying The Trade Secrets At Issue In Litigation Under The Uniform Trade Secrets Act And The Federal Defend Trade Secrets Act, Richard F. Dole, Jr. 2017 Santa Clara Law

Identifying The Trade Secrets At Issue In Litigation Under The Uniform Trade Secrets Act And The Federal Defend Trade Secrets Act, Richard F. Dole, Jr.

Santa Clara High Technology Law Journal

Identifying the Trade Secrets at Issue in Litigation Under the Uniform Trade Secrets Act and the Federal Defend Trade Secrets Act


Debating Employee Non-Competes And Trade Secrets, Sharon K. Sandeen, Elizabeth A. Rowe 2017 Santa Clara Law

Debating Employee Non-Competes And Trade Secrets, Sharon K. Sandeen, Elizabeth A. Rowe

Santa Clara High Technology Law Journal

Debating Employee Non-Competes and Trade Secrets


Science And The Law, William J. McGill 2017 St. John's University School of Law

Science And The Law, William J. Mcgill

The Catholic Lawyer

No abstract provided.


A Prescription For Excessive Drug Pricing: Leveraging Government Patent Use For Health, Hannah Brennan, Amy Kapczynski, Christine H. Monahan, Zain Rizvi 2017 Law Clerk to the Honorable Theodore McKee, Chief Judge, Third Circuit

A Prescription For Excessive Drug Pricing: Leveraging Government Patent Use For Health, Hannah Brennan, Amy Kapczynski, Christine H. Monahan, Zain Rizvi

Yale Journal of Law and Technology

High drug prices are creating serious health and fiscal problems in the United States today. This reality is vividly illustrated by recently approved
medicines to treat Hepatitis C. These new medicines can cure nearly everyone with this potentially fatal infection and may even enable the elimination of this disease. But the drugs' sticker price- close to $100,000- has meant that very few patients who could benefit from them can access them. This Article describes an approach, available under existing law, to bring about transformative reductions in the prices of these medicines, at least for federal programs and possibly beyond ...


Opening Pandora's Box: Analyzing The Complexity Of U.S. Patent Litigation, Jonathan H. Ashtor 2017 Associate, Skadden, Arps, Slate, Meagher & Flom LLP;

Opening Pandora's Box: Analyzing The Complexity Of U.S. Patent Litigation, Jonathan H. Ashtor

Yale Journal of Law and Technology

Patent litigation is widely regarded as one of the most complex types of civil litigation, with costs often totaling millions of dollars and typical cases lasting years. Also, the burdens of patent case complexity land on both sides of the technological divide, as large producers face skyrocketing defense budgets and inventors and startups risk being ''priced out" from enforcing their rights. Yet, the complexity of patent cases is poorly understood as an empirical matter. Instead, patent litigation is generally accepted to be a ''Pandora's Box" of incalculable complexity, which, once opened, is only arduously and unpredictably concluded .


Credit Scoring In The Era Of Big Data, Mikella Hurley, Julius Adebayo 2017 Georgetown University Law Center

Credit Scoring In The Era Of Big Data, Mikella Hurley, Julius Adebayo

Yale Journal of Law and Technology

For most Americans, access to credit is an essential requirement for upward mobility and financial success. A favorable credit rating is necessary to purchase a home or car, to start a new business, to seek higher education, or to pursue other important goals. For many consumers, strong credit is also necessary to gain access to employment, rental housing, and essential services such as insurance. At present, however, individuals have very little control over how they are scored and have even less ability to contest inaccurate, biased, or unfair assessments of their credit. Traditional, automated credit-scoring tools raise longstanding concerns of ...


Fatal Fragments: The Effect Of Money Transmission Regulation On Payments Innovation, Benjamin Lo 2017 Yale Law School

Fatal Fragments: The Effect Of Money Transmission Regulation On Payments Innovation, Benjamin Lo

Yale Journal of Law and Technology

A revolution in payments technology is taking place, as entrepreneurs develop new and innovative ways to send, receive, and store money. However, payment startups are running headlong into a thicket of federal and state money transmitter regulations, which impose costly registration and reporting requirements to prevent money laundering and protect consumers. The regulatory burden is particularly heavy at the state level, since each state defines "money transmission" differently. Payments startups must deal with highly fragmented regulation across states early in their lives, resulting in large and often redundant compliance costs while offering comparatively less marginal benefit to consumers. However, this ...


When Competition Fails To Optimize Quality: A Look At Search Engines, Maurice E. Stucke, Ariel Ezrachi 2017 Professor, University of Tennessee College of Law

When Competition Fails To Optimize Quality: A Look At Search Engines, Maurice E. Stucke, Ariel Ezrachi

Yale Journal of Law and Technology

The European Commission's Statement of Objections forms the latest addition to the ongoing debate on the possible misuse of Google's position in the search engine market. The scholarly debate, however, has largely been over the exclusionary effects of search degradation. Less attention has been dedicated to the dimension of quality - whether and how a search engine, faced with rivals, could degrade quality on the free side. We set out to address this fundamental question: with the proliferation of numerous web search engines and their free usage and availability, could any search engine degrade quality? We begin our analysis ...


A Warrant To Hack: An Analysis Of The Proposed Amendments To Rule 41 Of The Federal Rules Of Criminal Procedure, Zach Lerner 2017 Yale Law School

A Warrant To Hack: An Analysis Of The Proposed Amendments To Rule 41 Of The Federal Rules Of Criminal Procedure, Zach Lerner

Yale Journal of Law and Technology

In 2013, a federal magistrate judge denied an FBI request for a remote access search warrant, concluding that, among other deficiencies, Rule 41 of the Federal Rules of Criminal Procedure prevented him from granting a warrant to hack a computer when the location of the device was not known. Just five months later, the DOJ proposed amendments to Rule 41 seeking to eliminate the territorial limits on search warrants in two cybercrime contexts: (1) when suspects conceal their online locations and identities; and (2) when malware af fects users in five or more districts. Despite approval from the necessary judicial ...


The Economic Calculus Of Fielding Autonomous Fighting Vehicles Compliant With The Laws Of Armed Conflict, Evan Wallach, Erik Thomas 2017 Circuit Judge, U.S. Court of Appeals for the Federal Circuit; Adjunct Professor of Law, The George Washington University Law School

The Economic Calculus Of Fielding Autonomous Fighting Vehicles Compliant With The Laws Of Armed Conflict, Evan Wallach, Erik Thomas

Yale Journal of Law and Technology

The U.S. military and others worldwide have undergone a rapid evolution in the numbers, sophistication and lethality of the robotic weaponry that they deploy to the battlefield. The rate of transformation in the field of robotics and weapons technology raises numerous questions about what legal considerations should be made as we approach the step beyond remotely controlled drone weaponry to fully autonomous fighting vehicles as human operated weapons evolve into self-directed warriors.


Debating Employee Non-Competes And Trade Secrets, Sharon K. Sandeen, Elizabeth A. Rowe 2017 University of Florida Levin College of Law

Debating Employee Non-Competes And Trade Secrets, Sharon K. Sandeen, Elizabeth A. Rowe

UF Law Faculty Publications

Recently, a cacophony of concerns have been raised about the propriety of noncompetition agreements (NCAs) entered into between employers and employees, fueled by media reports of agreements which attempt to restrain low-wage and low-skilled workers, such as sandwich makers and dog walkers. In the lead-up to the passage of the federal Defend Trade Secrets Act of 2016 (DTSA), public policy arguments in favor of employee mobility were strongly advocated by those representing the “California view” on the enforceability of NCAs, leading to a special provision of the DTSA which limits injunctive relief with respect to employee NCAs.

Through our lens ...


Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman 2017 New York Law School

Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman

Indiana Law Journal

How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is one in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and nonpublic information through the lens of social science —namely, principles of trust.

Patent law’s public use bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows that ...


Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen 2017 Elisabeth Haub School of Law at Pace University

Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen

Pace Law Review

This Comment will argue that New York should follow the federal agencies’ and states’ leads by imposing a warrant requirement supported by probable cause on local and state agencies that wish to use Stingray technology in their investigations. The first section will explore Stingray technology and how it works. The second section will frame the issue and describe New York’s current standard. The third section will discuss the judicial response to the issue and how New York courts seem to place the burden of upholding privacy on the citizen, instead of the government. The third section will also discuss ...


Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert 2017 University of Pennsylvania Law School

Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert

Faculty Scholarship

Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...


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