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A Crispr Future For Gene-Editing Regulation: A Proposal For An Updated Biotechnology Regulatory System In An Era Of Human Genomic Editing, Tracey Tomlinson 2018 Fordham University School of Law

A Crispr Future For Gene-Editing Regulation: A Proposal For An Updated Biotechnology Regulatory System In An Era Of Human Genomic Editing, Tracey Tomlinson

Fordham Law Review

Recent developments in gene-editing technology have enabled scientists to manipulate the human genome in unprecedented ways. One technology in particular, Clustered Regularly Interspaced Short Pallindromic Repeat (CRISPR), has made gene editing more precise and cost-effective than ever before. Indeed, scientists have already shown that CRISPR can eliminate genes linked to life-threatening diseases from an individual’s genetic makeup and, when used on human embryos, CRISPR has the potential to permanently eliminate hereditary diseases from the human genome in its entirety. These developments have brought great hope to individuals and their families, who suffer from genetically linked diseases. But there is ...


Coinsensus: The Need For Uniform National Virtual Currency Regulations, Anisha Reddy 2018 Penn State Dickinson Law

Coinsensus: The Need For Uniform National Virtual Currency Regulations, Anisha Reddy

Dickinson Law Review

Google search volume for bitcoin and bitcoin-related keywords increased by as much as 1000 percent in 2017 from previous years. This increased interest comes hand-in-hand with increased regulatory and legislative scrutiny. Currently, there is disparate regulation for virtual currencies across national and state borders alike. States’ promulgation of various and incongruous virtual currency regulations have forced service providers to withdraw from different states within the country. However, transactions are not contained within state lines, and disparate state-by-state regulation is impracticable.

The Uniform Law Commission recognized the need for uniform guidance for those entering the North American market and drafted the ...


Cabining Judicial Discretion Over Forensic Evidence With A New Special Relevance Rule, Emma F.E. Shoucair 2018 University of Michigan Law School

Cabining Judicial Discretion Over Forensic Evidence With A New Special Relevance Rule, Emma F.E. Shoucair

Michigan Law Review

Modern forensic evidence suffers from a number of flaws, including insufficient scientific grounding, exaggerated testimony, lack of uniform best practices, and an inefficacious standard for admission that regularly allows judges to admit scientifically unsound evidence. This Note discusses these problems, lays out the current landscape of forensic science reform, and suggests the addition of a new special relevance rule to the Federal Rules of Evidence (and similar rules in state evidence codes). This proposed rule would cabin judicial discretion to admit non-DNA forensic evidence by barring prosecutorial introduction of such evidence in criminal trials absent a competing defense expert or ...


Cryptocurrency And The Myth Of The Trustless Transaction, Rebecca M. Bratspies 2018 CUNY School of Law

Cryptocurrency And The Myth Of The Trustless Transaction, Rebecca M. Bratspies

Michigan Technology Law Review

This article interrogates the claim that trust can be replaced with blockchain technology. Part I begins with an introduction that provides an overview of the trust issues surrounding cryptocurrency. Part II then outlines the role that trust plays in a financial market more generally, focusing specifically on the trust embedded in what cryptocurrency supporters derogate as a ‘fiat’ currency. Part III introduces the blockchain, as well as Bitcoin and cryptocurrency more generally. Part IV then tests the claims that Bitcoin eliminates the need for trust against real-world experiences of Bitcoin holders and markets. This section disaggregates the blockchain technology itself ...


Algorithmic Challenges To Autonomous Choice, Michal S. Gal 2018 University of Haifa

Algorithmic Challenges To Autonomous Choice, Michal S. Gal

Michigan Technology Law Review

We then explore how autonomous algorithmic assistants affect the legal framework. Some issues challenge the very use of algorithmic assistants: Should the law place an age limit on the use of such algorithms? Should legal limits be placed on their use in certain spheres? Other issues arise from the construction of preferences by algorithms. To wit, in a market in which demand is driven by algorithms, can we necessarily regard the choices made as expressions of user preferences that serve our socio-political goals? Even if the answer is positive—does this new mode of user choice fit current legal assumptions ...


The Secrets We Keep…: Encryption And The Struggle For Software Vulnerability Disclosure Reform, Ian Williams 2018 University of Michigan Law School

The Secrets We Keep…: Encryption And The Struggle For Software Vulnerability Disclosure Reform, Ian Williams

Michigan Technology Law Review

Vulnerabilities within pieces of software can expose otherwise secure data to outside parties. Such vulnerabilities are exploited not just by malicious actors looking to exploit secured data for criminal reasons, but also by law enforcement and intelligence agencies. Government agencies have cultivated vulnerabilities as investigative tools and cyber weapons, and at times keep the vulnerabilities they have discovered secret from both the companies that produced the software and the consumers who rely upon it. While the US Government has created a vulnerability disclosure system to help decide when to keep a vulnerability secret, it does not do enough to balance ...


Rights In A Cloud Of Dust: The Value And Qualities Of Farm Data And How Its Property Rights Should Be Viewed Moving Forward, Zachary R. Trail 2018 University of Arkansas, Fayettevile

Rights In A Cloud Of Dust: The Value And Qualities Of Farm Data And How Its Property Rights Should Be Viewed Moving Forward, Zachary R. Trail

Arkansas Law Review

Historically, technology growth has been slower in agriculture than other industries. However, a rising demand for food and an increase in efficient farm practices has changed this, leading to a rise in precision farming technologies. Now, entities that provide services or information to farmers need precision farming technologies to compete, and more farmers are adopting precision farming technologies. These technologies help farmers, but questions still remain about ownership rights in the data that farmers create.


Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson 2018 University of San Diego

Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson

San Diego International Law Journal

This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the ...


Neurohype And The Law: A Cautionary Tale, Stephen J. Morse 2018 University of Pennsylvania Law School

Neurohype And The Law: A Cautionary Tale, Stephen J. Morse

Faculty Scholarship at Penn Law

This chapter suggests that for conceptual, empirical, and practical reasons, neuroscience in general and non-invasive brain imaging in particular are not likely to revolutionize the law and our conception of ourselves, but may make modest contributions to legal policy and case adjudication if the legal relevance of the science is properly understood.


Keynote Address, Ryan Calo 2018 Seattle University School of Law

Keynote Address, Ryan Calo

Seattle University Law Review

Transcript of the keynote address at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.” The keynote address is presented by Ryan Calo and discusses the current status of artificial intelligence learning, and how this current status is moving toward robotic singularity.


Introduction, Annette Clark 2018 Seattle University School of Law

Introduction, Annette Clark

Seattle University Law Review

Introductory remarks given by Dean Annette Clark at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.”


Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover 2018 Seattle University School of Law

Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover

Seattle University Law Review

Transcript of the panel discussion at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.” The panel is moderated by Seattle University School of Law Professor Gregory Silverman, and discusses the forthcoming book Robotica, by David M. Skover and Ronald K. L. Collins. The panelists are Bruce E. H. Johnson, Helen Norton, and David M. Skover.


Panel 2: Accountability For The Actions Of Robots, Ryan Calo, Howard Jay Chizeck, Elizabeth Joh, Blake Hannaford 2018 Seattle University School of Law

Panel 2: Accountability For The Actions Of Robots, Ryan Calo, Howard Jay Chizeck, Elizabeth Joh, Blake Hannaford

Seattle University Law Review

Transcript of the panel discussion at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law” discussing human control and Artificial Intellegence learning. The panel participants are Ryan Calo, Howard Jay Chizeck, Elizabeth Joh, and Blake Hannaford.


Artificial Intellegence And Policing: First Questions, Elizabeth E. Joh 2018 Seattle University School of Law

Artificial Intellegence And Policing: First Questions, Elizabeth E. Joh

Seattle University Law Review

Artificial intelligence is playing an increasingly larger role in all sectors of society, including policing. Many police departments are already using artificial intelligence (AI) to help predict and identify suspicious persons and places.1 Increased computational power and oceans of data have given rise to inferences about violence and threats.2 AI will change policing just as it will healthcare, insurance, commerce, and transportation. But what questions should we ask about AI and policing?


Robotic Speakers And Human Listeners, Helen Norton 2018 Seattle University School of Law

Robotic Speakers And Human Listeners, Helen Norton

Seattle University Law Review

This article discusses protected First Amendment speech and how this protection should be applied to robotic speech. Robotic speech is that created by automated means, currently “bots” but the producers of automated speech are evolving. The article further differentiates between rights of the producers of this speech and listeners or consumers of the speech, and the impact of First Amendment protections on each group.


Virtual Ethics And The Creeper Act, Justin Tiehen 2018 Seattle University School of Law

Virtual Ethics And The Creeper Act, Justin Tiehen

Seattle University Law Review

A legal and moral discussion of the development of child sex bots (CSB), childlike sex dolls, comparing society-at-large’s general squeamishness of the area, and attempts to regulate (for example, the CREEPER Act) with the prophylactic therapeutic benefits of these robots.


Ethical Machines?, Ariela Tubert 2018 Seattle University School of Law

Ethical Machines?, Ariela Tubert

Seattle University Law Review

This Article explores the possibility of having ethical artificial intelligence. It argues that we face a dilemma in trying to develop artificial intelligence that is ethical: either we have to be able to codify ethics as a set of rules or we have to value a machine’s ability to make ethical mistakes so that it can learn ethics like children do. Neither path seems very promising, though perhaps by thinking about the difficulties with each we may come to a better understanding of artificial intelligence and ourselves.


A Prescription For Biopharmaceutical Patents: A Cure For Inter Partes Review Ailments, Alex A. Jurisch 2018 Seattle University School of Law

A Prescription For Biopharmaceutical Patents: A Cure For Inter Partes Review Ailments, Alex A. Jurisch

Seattle University Law Review

The patent system in the United States was forever changed with the introduction of the Leahy-Smith America Invents Act (AIA) in September of 2011. The AIA brought sweeping changes to American patent law in order to align the U.S. with much of the rest of the world by changing the invention priority from a “first to invent” to a “first to file” system. The first section of this note will provide a brief overview of the substance of inter partes reviews and some of the most critical negatives that have become apparent since 2013. The second section of this ...


Revisiting Belligerent Reprisals In The Age Of Cyber?, 2018 Marquette University Law School

Revisiting Belligerent Reprisals In The Age Of Cyber?

Marquette Law Review

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Self-Actualization And The Need To Create As A Limit On Copyright, Christopher S. Yoo 2018 University of Pennsylvania Law School

Self-Actualization And The Need To Create As A Limit On Copyright, Christopher S. Yoo

Faculty Scholarship at Penn Law

Personhood theory is almost invariably cited as one of the primary theoretical bases for copyright. The conventional wisdom views creative works as the embodiment of their creator’s personality. This unique connection between authors and their works justifies giving authors property interests in the results of their creative efforts.

This Chapter argues that the conventional wisdom is too limited. It offers too narrow a vision of the ways that creativity can develop personality by focusing exclusively on the results of the creative process and ignoring the self-actualizing benefits of the creative process itself. German aesthetic theory broadens the understanding of ...


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