Digital Commons Network^™

Reimagining Icarus: Ethics, Law And Policy Considerations For Commercial Human Spaceflight, Sara M. Langston

Publications

Commercial human spaceflight presents an area for engaging novel human activity and objectives, to include space exploration, entertainment, transportation and extraterrestrial resource acquisition. The inherent dangers and lack of scientific and medical certainty involved however raise interrelated questions of ethics, bioethics, law and public policy. This is particularly the case with spaceflight participant (SFP) screening, selection, and commercial human spaceflight activities where regulations are currently silent or lacking. In the absence of established law, ethics can play an important role by informing industry standards, policies and best practices. Understanding the fundamental ethical values at stake in the application of new …

Intellectual Property And The Red Planet: Formulating Ip Policies Towards The Successful Colonization Of Mars, Amir H. Khoury

North Carolina Journal of Law & Technology

No abstract provided.

Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began implementing …

Mid-Atlantic Ethics Committee Newsletter, Fall 2017

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Patents In Space Act: Jedi Mind Trick Or Real Protection For American Inventors On The International Space Station?, Jocelyn H. Shoemaker

Journal of Intellectual Property Law

No abstract provided.

The Social Transmission Of Racism, Lisa C. Ikemoto

Tulsa Law Review

Reviewing Osagie K. Obasogie, Blinded by Sight: Seeing Race Through the Eyes of the Blind (Stanford University Press 2014) and Robert Wald Sussman, The Myth of Race: The Troubling Persistence of an Unscientific Idea (Harvard University Press 2014).

The Mayo Framework Is Bad For Your Health, Christopher M. Holman

Faculty Works

This Article begins by providing a brief historical retrospective of the development of the patent eligibility doctrine, and then delves into the related questions of: (1) what are the Supreme Court’s policy objectives for the recent reinvigoration of the patent eligibility doctrine; and (2) has it achieved those objectives? The article then discusses three important out-standing questions regarding the application of the new test for patent eligibility: (1) what constitutes a natural phenomenon; (2) what constitutes an inventive step; and (3) what, if any, role does preemption play in the analysis? The article then provides four examples of recent lower …

Reconsidering Criminal Procedure: Teaching The Law Of The Police, Rachel Harmon

Saint Louis University Law Journal

No abstract provided.

The International Community's Response To The Hypothetical Emergence Of Superheroes, Brittany Nicole Woods

CMC Senior Theses

In a golden era for comic based media, this paper uses the hypothetical emergence of superheroes to analyze the assumptions and predictions of three international relations theories: realism, liberalism, and constructivism. Comics consistently reflect the real world, paralleling events and concepts discussed in foreign affairs dialogues. The thought experiment, and the comic genre itself, provides a vehicle for thinking broadly about the political and social ramifications of successful or failed problem solving, state interaction, and scientific advances.

Safe Operations Above Fl600, Lt. Col. Stephen Hunter

Space Traffic Management Conference

Safe Operations Above FL600

Abstract

With the increase in likelihood of near-term development of revenue-generating point-to-point suborbital flights and the increase in high-altitude-long-endurance commercial operations above FL600, the criticality of addressing operations above class A airspace has never been more pressing. While the Federal Aviation Administration describes the National Airspace System, it doesn’t offer a description that includes a top. Technological, physiological, physical and administrative limitations have relegated most air operations to FL600 and below. As that changes, previous work on Space Traffic Management (STM) concepts begin to take on new life and add to sincere considerations for adaptation or …

God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helwig

Akron Law Review

This essay establishes, first, the professional aspects of disclosure. Second, it defines the equipoise between the State's interest in efficiency and the teacher's interest in exercising his or her First Amendment right of expression of religious opinion on matters of public interest. Third, the essay identifies expressive activities of the teacher within the classroom that should be accorded First Amendment protection pursuant to James v. Board of Education. Fourth, the essay examines whether the professor's disclosure of personal and theological biases in a classroom constitutes state action and concludes that a professor fulfilling his or her assigned tasks within …

Lethal Injections: States Medicalize Execution, Joel B. Zivot

University of Richmond Law Review

No abstract provided.

The Importance Of The Right To Food For Achieving Global Health, Emilie K. Aguirre

Faculty Scholarship

The Framework Convention on Global Health (FCGH) represents a significant opportunity to realize the right to health globally. However, in order to succeed the FCGH must be carefully considered: it must take a new evidence-based approach that departs meaningfully from past shortcomings in realizing the right to health. Central to this approach is recognizing, formally incorporating, and operationalizing the right to adequate food. This right should be correctly interpreted as a right to a standard of nutritional quality and not as a right to a minimum number of calories. Because nutrition is critical to the achievement and maintenance of good …

Foreword, Timothy M. Ravich

FIU Law Review

No abstract provided.

Regulating Weaponized Nanotechnology: How The International Criminal Court Offers A Way Forward, Lucas D. Bradley

Georgia Journal of International & Comparative Law

No abstract provided.

Stop Monkeying Around With Human Health: Moving Human Drug Development Into The 21st Century By Abandoning Animal Models, Validating Emerging Test Methods, Updating Fda Regulations, And Issuing Fda Guidance, Elizabeth Baker

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Who Knew? Refining The "Knowability" Standard For The Future Of Potentially Hazardous Technologies, Scott P. Kennedy

Washington Journal of Law, Technology & Arts

As consumer technology becomes increasingly complex, so too does the manufacturer’s task in assessing the scope of its duty to warn of potential dangers. A recent decision by the United States Court of Appeals for the Ninth Circuit, Rosa v. Taser International, Inc., offers a prime illustration of this challenge through its analysis of a hazard posed by Taser weaponry. The Rosa court highlights a point of uncertainty in this area of law: courts typically determine which hazards were knowable at the time of manufacture as a matter of law, but they sometimes do so in the absence of …

From Blue To Green: The Development And Implementation Of A Horticultural Therapy Program For Residents Of A Battered Women’S Shelter, Claire M. Renzetti, Diane R. Follingstad, Diane Fleet

CRVAW Faculty Presentations

No abstract provided.

Probiotics: Achieving A Better Regulatory Fit, Diane E. Hoffmann, Claire M. Fraser, Francis Palumbo, Jacques Ravel, Virginia Rowthorn, Jack Schwartz

Faculty Scholarship

In 2007, the National Institutes of Health (NIH) launched the Human Microbiome Project (HMP), a $150 million initiative to characterize the microbial communities found at several different sites on the human body and to analyze the role of these microbes in human health and disease. Many lines of research have demonstrated the significant role of the microbiota in human physiology. The microbiota is involved, for example, in the healthy development of the immune system, prevention of infection from pathogenic or opportunistic microbes, and maintenance of intestinal barrier function. The HMP findings are helping us understand the role and variation of …

Disclosing Big Data, Michael Mattioli

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Disclosing Big Data, Michael Mattioli

Articles by Maurer Faculty

This Article reveals that the law is failing to adequately encourage producers of “big data” to disclose their most innovative work to the public. “Big data” refers to a new industrial and scientific phenomenon that holds the potential to transform diverse industries—from medicine, to energy, to online services. At the heart of this phenomenon are innovative and complex practices by which experts shape featureless digital records into valuable information products. The fact that these big data practices are unlikely to be widely disclosed to the public is worrisome for familiar reasons: the law generally prefers to induce technological disclosure in …

Layers Of Law: The Case Of E-Cigarettes, Eric A. Feldman

FIU Law Review

No abstract provided.

A Prescription Warning, Carlton Lee Harpst

Pepperdine Law Review

No abstract provided.

Patent Protection Of Pharmacologically Active Metabolites: Theoretical And Technological Analysis On The Jurisprudence Of Four Regions, Richard Li-Dar Wang, Pei-Chen Huang

Santa Clara High Technology Law Journal

Active metabolite patents have been instrumental for brandname pharmaceutical companies to maintain their exclusivity even after the drug patents expire. This strategy obstructs market entry of generic medicine and reduces affordable drugs. The authors review jurisprudence from the United States, Europe, India, and Taiwan in search for practical solutions to confront this problem. Given the unique pharmacological value that active metabolites may possess, patent protection for those purified or synthesized in vitro should be preserved, but for those produced by metabolism should be declined. Except India, most countries under investigation comport with this dichotomy. Their jurisprudence may be subsumed into …

Judicial Fitness For Review Of Complex Biotechnology Issues In Patent Litigation: Technical Claim Interpretation, Megan E. Lyman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Biodiplomacy: A Better Approach To Dual Use Concerns, Victoria Sutton

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Making Knowledge And Making Drugs? Experimenting With University Innovation Capacity, Liza Vertinsky

Emory Law Journal

The innovation process for novel medical therapies needs repair. The United States spends more than ever before on drug discovery without a corresponding increase in new medical therapies.

Taking Nature Back: Why Tax Strategy Law Is Relevant To Gene Patents, Amy E. Sestric

Missouri Law Review

On July 29, 2011, the United States Court of Appeals for the Federal Circuit upheld the validity of several controversial patents in Association for Molecular Pathology v. United States Patent and Trademark Office.' The patents, exclusively assigned to Myriad Genetics, Inc. (Myriad), claim two human genes fundamental to understanding, researching, and diagnosing common strains of familial breast and ovarian cancers. Patients expressed concern that Myriad's exclusivity over the two genes made diagnosis excessively expensive and precluded the availability of independent second opinion testing. Although the Supreme Court of the United States vacated and remanded the Federal Circuit's decision, the Federal …

The Bloody Truth: Examining America's Blood Industry And Its Tort Liability Through The Arkansas Prison Plasma Scandal, Sophia Chase

William & Mary Business Law Review

Most of the time, blood transfusions are safe. Over the years, however, tragedies connected to tainted blood and blood products have ripped through communities on an international scale. Blood contaminated with hepatitis C, HIV, and hepatitis B has sickened and killed recipients, causing financial, political, and legal repercussions for those found responsible.

This Note seeks to explore one such tragedy: the Arkansas Prison Plasma Scandal. Occurring between 1982 and 1994 at the Cummins Prison in Grady, Arkansas, the scandal stemmed from the operation of a blood product center in which prisoners “bled” in exchange for $7 to $10 per donation. …