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Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu 2018 Selected Works

Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu

Peter K. Yu

Commentators have attributed China’s piracy and counterfeiting problems to the lack of political will on the part of Chinese authorities. They have also cited the many political, social, economic, cultural, judicial, and technological problems that have arisen as a result of the country’s rapid economic transformation and accession to the WTO. This provocative essay advances a third explanation. It argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at ...


The Political Economy Of Data Protection, Peter K. Yu 2018 Texas A&M University School of Law

The Political Economy Of Data Protection, Peter K. Yu

Peter K. Yu

Information is the lifeblood of a knowledge-based economy. The control of data and the ability to translate them into meaningful information is indispensable to businesspeople, policymakers, scientists, engineers, researchers, students, and consumers. Having useful, and at times exclusive, information improves productivity, advances education and training, and helps create a more informed citizenry. In the past two decades, those who collected or obtained access to a large amount of data began to explore ways to use the collected data as an income stream. Because the then-existing laws did not offer adequate protection for that particular purpose, they actively lobbied for stronger ...


Unfair Misuse: How Section 512 Of The Dmca Allows Abuse Of The Copyright Fair Use Doctrine And How To Fix It, Matteson, Joel D. 2018 Santa Clara Law

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


Model(Ing) Privacy: Empirical Approaches To Privacy Law And Governance, Barrett, Lindsey 2018 Santa Clara Law

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


Liability Issue Of Domestic Drones, Sehrawat, Vivek 2018 Santa Clara Law

Liability Issue Of Domestic Drones, Sehrawat, Vivek

Santa Clara High Technology Law Journal

Liability Issue of Domestic Drones


Drones: Proposed Standards Of Liability, Harris, Kristopher-Kent ‘K-K’ 2018 Santa Clara Law

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

Santa Clara High Technology Law Journal

Drones: Proposed Standards of Liability


The Biosimilar Patent Dance- If You Don't Dance You're No Friend Of Mine, Ladonnikov, Alexej 2018 Santa Clara Law

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


The Business Of Ai Startups, James Bessen, Stephen Michael Impink, Robert Seamans, Lydia Reichensperger 2018 Boston University School of Law

The Business Of Ai Startups, James Bessen, Stephen Michael Impink, Robert Seamans, Lydia Reichensperger

Faculty Scholarship

New machine learning techniques have led to an acceleration of “artificial intelligence” (AI). Numerous papers have projected substantial job losses based on assessments of technical feasibility. But what is the actual impact? This paper reports on a survey of commercial AI startups, documenting rich detail about their businesses and their impacts on their customers. These firms report benefits of AI that are more often about enhancing human capabilities than replacing them. Their applications more often increase professional, managerial, and marketing jobs and decrease manual, clerical, and frontline service jobs. These startups sell to firms of different sizes, in different industries ...


Mitochondrial Replacement Therapy: How A Government For The People, Failed The People, Jeffery Mark Sauer 2018 University of Miami Law School

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 ...


Freedom Of Research And The Right To Science: From Theory To Advocacy, Andrea Boggio, Romano P.R. Cesare 2018 Bryant University

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 ...


Editing Nature: Reconceptualizing Biotechnology Governance, Jonas J. Monast 2018 University of North Carolina School of Law

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 ...


Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski 2018 University of Montana School of Law

Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski

Public Land & Resources Law Review

To what extent must the BLM analyze potential climate change impacts where millions of acres of public lands and federal mineral estates are being considered for coal development? Western Organization of Resource Councils v. BLM addresses this, setting the scope for NEPA-mandated environmental impact analysis and reasonable alternative consideration by federal agencies. Judge Brian Morris of the District of Montana eschewed BLM’s assertions that considering climate impacts would be speculative, instead requiring BLM to acknowledge scientific reality and include modern climate science in its NEPA review analysis.


The Canadian Crown's Duty To Consult Indigenous Nations' Knowledge Systems In Federal Environmental Assessments, Stephen S. Crawford 2018 University of Guelph

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 2018 Alexander Blewett III School of Law at the University of Montana

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 2018 Haub School of Environment and Natural Resources and the University of Wyoming College of Law

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 2018 University of Denver Sturm College of Law

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 2018 Alexander Blewett III School of Law at the University of Montana

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 2018 University of New Mexico School of Law

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 2018 Alexander Blewett III School of Law at the University of Montana

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

Public Land & Resources Law Review

No abstract provided.


Custom-Edited Dna: Legal Limits On The Patentability Of Crispr-Cas9'S Therapeutic Applications, Noah C. Chauvin 2018 College of William & Mary Law School

Custom-Edited Dna: Legal Limits On The Patentability Of Crispr-Cas9'S Therapeutic Applications, Noah C. Chauvin

William & Mary Law Review

No abstract provided.


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