Digital Commons Network^™

The Infrastructure Metaverse Already Exists, Ankur Mitra, Ahmed Hassan, Mark Mulville

Articles

The construction industry is currently undergoing a profound digital transformation, primarily driven by the innovative concept of digital twins. The United Kingdom's National Digital Twin Programme (NDTp) stands as a visionary initiative striving to establish a cohesive digital ecosystem wherein all forms of infrastructure, both existing and newly constructed, are replicated in the digital realm. Digital twins are not merely static visual representations; they serve as the cornerstone for a comprehensive information management framework that enables real-time data sharing. This data-sharing capability spans the entire lifecycle of construction projects. What makes this technology particularly powerful is its capacity to facilitate …

Manufacturing Innovation, Xuan-Thao Nguyen

Articles

Using intellectual property assets as the proxy for innovation measures, this paper provides a comprehensive analysis of the legal and policy strategies that form the foundation for China's new role as the global manufacturer of innovation. Manufacturing innovation is evident through China's multi-prong approach regarding intellectual property production and maximization. Significantly, among many other policies that target innovation, China encourages the production of innovation by accepting patents and trademarks as collateral assets for financing. Entrepreneurs can quickly obtain loans against their portfolios of patents and trademarks. China also requires enterprises seeking to undergo an initial public offering (IPO) on the …

The Futures Of Law, Lawyers, And Law Schools: A Dialogue, Sameer M. Ashar, Benjamin H. Barton, Michael J. Madison, Rachel F. Moran

Articles

On April 19 and 20, 2023, Professors Bernard Hibbitts and Richard Weisberg convened a conference at the University of Pittsburgh School of Law titled “Disarmed, Distracted, Disconnected, and Distressed: Modern Legal Education and the Unmaking of American Lawyers.” Four speakers concluded the event with a spirited conversation about themes expressed during the proceedings. Distilling a lively two days, they asked: what are the most critical challenges now facing US legal education and, by extension, lawyers and the communities they serve? Their agreements and disagreements were striking, so much so that Professors Hibbitts and Weisberg invited those four to extend their …

Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response, Alexander Mackay, Samuel Weinstein

Articles

Pricing algorithms are rapidly transforming markets, from ride-sharing, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate explicit and tacit collusion. This Article argues that the policy challenges pricing algorithms pose are far broader than collusive conduct. It demonstrates that algorithmic pricing can lead to higher prices for consumers in competitive markets and even in the absence of collusion. This consumer harm can be initiated by a single firm employing a superior pricing algorithm. Higher prices arise from …

Making Sustainability A Core Competency: Consumer Response To Sustainable Innovative Products, Clyde Eiríkur Hull, Jennifer D. Russell, Monika Kukar-Kinney

Articles

Research suggests that sustainability may not be sufficient to yield a competitive advantage. Building on the resource-based view, this research evaluates three questions: (1) Can using sustainability as a differentiator lead to consumers choosing sustainable products? (2) Does product sustainability appeal more to environmentally concerned consumers? (3) Does product sustainability appeal more when paired with innovation? To test the hypotheses, an online survey of 344 US respondents was conducted. Consumers were given a hypothetical budget for an office chair and asked to choose between two products at a time. Hypotheses were tested with frequency and Chisquare tests and logistic regression. …

Pro-Socially Motivated Knowledge Hiding In Innovation Teams, Rachel Hilliard, James English, Maébh Coleman

Articles

No abstract provided.

A Practice Perspective On Knowledge, Learning And Innovation – Insights From An Eu Network Of Small Food Producers, Clare Rigg, Paul Coughlan, Denise O'Leary, David Coughlan

Articles

Drawing on insider research with a three-year EU network created to support innovation in geographically marginalized traditional food companies, this paper makes three contributions to discussions of innovation in small and micro-firms. First, we shift focus away from conceiving of knowledge as a discrete entity, and of knowledge sharing, transfer and exchange as the passing of objects. Applying a practice perspective that conceptualizes innovation as situated in the everyday activities of organizing, learning and working, we extend open innovation ideas and identify three distinct sets of knowledge-creating practices that small and micro-firm actors in this network context engage in as …

Clearing Opacity Through Machine Learning, W. Nicholson Price Ii, Arti K. Rai

Articles

Artificial intelligence and machine learning represent powerful tools in many fields, ranging from criminal justice to human biology to climate change. Part of the power of these tools arises from their ability to make predictions and glean useful information about complex real-world systems without the need to understand the workings of those systems.

Technology And The (Re)Construction Of Law, Christian Sundquist

Articles

Innovative advancements in technology and artificial intelligence have created a unique opportunity to re-envision both legal education and the practice of law. The COVID-19 pandemic has accelerated the technological disruption of both legal education and practice, as remote work, “Zoom” client meetings, virtual teaching, and online dispute resolution have become increasingly normalized. This essay explores how technological innovations in the coronavirus era are facilitating radical changes to our traditional adversarial system, the practice of law, and the very meaning of “legal knowledge.” It concludes with suggestions on how to reform legal education to better prepare our students for the emerging …

The Cost Of Novelty, Will Nicholson Price Ii

Articles

Patent law tries to spur the development of new and better innova­tive technology. But it focuses much more on “new” than “better”—and it turns out that “new” carries real social costs. I argue that patent law promotes innovation that diverges from existing technology, either a little (what I call “differentiating innovation”) or a lot (“exploring innova­tion”), at the expense of innovation that tells us more about existing technology (“deepening innovation”). Patent law’s focus on newness is unsurprising, and fits within a well-told narrative of innovative diversity accompanied by market selection of the best technologies. Unfortunately, innovative diversity brings not only …

Inclusive Patents For Open Innovation, Toshiko Takenaka

Articles

The post-internet era has greatly affected commercial firms' innovation processes. The complexity and cumulative nature of emerging technologies under the post-internet era has made commercial firms reevaluate their innovation processes and has increased the role of individual innovators. Firms dealing with emerging technologies cannot make products without infringing on patents held by others, as their products are covered by numerous overlapping patents. Many of these firms work with individual innovators and embrace the open-source philosophy that ensures open access to technologies. These firms can no longer use patents for excluding others without risking infringement counterclaims, leading to the development of …

Conducting And Analysing Semi-Structured Interviews: A Study Of Open Innovation In Food Firms In Ireland., Anushree Priyadarshini

Articles

This case study examines the use of semi-structured interviews that I used in my PhD research as a method to explore open innovation in food firms in Ireland. Literature in the field highlights that exploring innovation and the extent to which firms are open and collaborative with people outside of their organizations in conducting innovation requires detailed understanding of the concept in its natural settings. To interpret or make sense of the phenomena in terms of the meaning managers bring to it, I conducted in-depth semi-structured interviews with managers in Ireland’s largest indigenous industry, the food and beverage sector. Demonstrating …

Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg

Articles

This article examines the intersection of patent law, FDA regulation, and Medicare coverage in a particularly promising field of biomedical innovation: genetic diagnostic testing. First, I will discuss current clinical uses of genetic testing and directions for further research, with a focus on cancer, the field in which genetic testing has had the greatest impact to date. Second, I will turn to patent law and address two recent Supreme Court decisions that called into question the patentability of many of the most important advances in genetic testing. Third, I will step outside patent law to take a broader view of …

Artificial Intelligence In The Medical System: Four Roles For Potential Transformation, Will Nicholson Price Ii

Articles

Artificial intelligence (AI) looks to transform the practice of medicine. As academics and policymakers alike turn to legal questions, a threshold issue involves what role AI will play in the larger medical system. This Article argues that AI can play at least four distinct roles in the medical system, each potentially transformative: pushing the frontiers of medical knowledge to increase the limits of medical performance, democratizing medical expertise by making specialist skills more available to non-specialists, automating drudgery within the medical system, and allocating scarce medical resources. Each role raises its own challenges, and an understanding of the four roles …

Grants, Nicholson Price Ii

Articles

Innovation is a primary source of economic growth and is accordingly the target of substantial academic and government attention. Grants are a key tool in the government’s arsenal to promote innovation, but legal academic studies of that arsenal have given them short shrift. Although patents, prizes, and regulator-enforced exclusivity are each the subject of substantial literature, grants are typically addressed briefly, if at all. According to the conventional story, grants may be the only feasible tool to drive basic research, as opposed to applied research, but they are a blunt tool for that task. Three critiques of grants underlie this …

Attacking Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

Economists generally agree that innovation is important to economic growth and that government support for innovation is necessary. Historically, the U.S. government has supported innovation in a variety of ways: (1) a strong legal system for patents; (2) direct support through research performed by government agencies, grants, loans, and loan guarantees; and (3) indirect support through various tax incentives for private firms. In recent years, however, we have seen a weakening of the U.S. patent system, a decline in direct funding of research, and a weakening of tax policy tools used to encourage new innovation. These disruptive changes threaten the …

Supporting Pedagogic Innovators In Professional Practice Through Applied Elearning, Roisin Donnelly

Articles

This study explores the relationship between conceptions of innovation in eLearning pedagogy, the role of artefact-based learning in demonstrating this innovation, and how this can be investigated through critical incidents analysis of personal and collective learning. The context is an accredited masters programmes and the graduates’ experience from 2007 to 2017. Graduates are a blend of academic staff in higher education, private sector trainers, and independent eLearning consultants wanting to develop knowledge and skills in eLearning. Key dimensions of pedagogic innovation explored are the continuum of how programme participants learn to innovate, what enables or prohibits them to innovate in …

Assessing Access-To-Justice Outreach Strategies, J. J. Prescott

Articles

The need for prospective beneficiaries to “take up” new programs is a common stumbling block for otherwise well-designed legal and policy innovations. I examine the take-up problem in the context of publicly provided court services and test the effectiveness of various outreach strategies that announce a newly available online court access platform. I study individuals with minor arrest warrants whose distrust of courts may dampen any take-up response. I partnered with a court to quasi-randomly assign outreach approaches to a cohort of individuals and find that outreach improves take-up, that the type of outreach matters, and that online platform access …

Artificial Intelligence In Health Care: Applications And Legal Implications, W. Nicholson Price Ii

Articles

Artificial intelligence (AI) is rapidly moving to change the healthcare system. Driven by the juxtaposition of big data and powerful machine learning techniques—terms I will explain momentarily—innovators have begun to develop tools to improve the process of clinical care, to advance medical research, and to improve efficiency. These tools rely on algorithms, programs created from healthcare data that can make predictions or recommendations. However, the algorithms themselves are often too complex for their reasoning to be understood or even stated explicitly. Such algorithms may be best described as “black-box.” This article briefly describes the concept of AI in medicine, including …

Stock Market Futurism, Merritt Fox, Gabriel Rauterberg

Articles

The U.S. stock market is undergoing extraordinary upheaval. The approval of the application of the Investors Exchange (IEX) to become the nation's newest stock exchange, including its famous "speed bump," was one of the SEC's most controversial decisions in decades. Other exchanges have proposed a raft of new innovations in its wake. This evolving equity market is a critical piece of national infrastructure, but the regulatory scheme for its institutions is increasingly frayed. In particular, current regulation draws sharp distinctions among different kinds of markets for trading stocks, treating stock exchanges as self-regulatory organizations immune from private civil litigation, while …

The Use Of Specialized Cybercrime Policing Units: An Organizational Analysis, Dale Willits, Jeffrey Nowacki

Articles

Given the increased focus and importance of cybercrime, some police agencies have turned to the use of specialized cybercrime policing units. Research has yet to examine the how frequently these units are used in policing, nor has research examined the types of agencies most likely to use these units. The current research, drawing on contingency theory, institutional theory, and Maguire’s theory of police organizational structure, uses four waves of Law Enforcement Management and Administrative Survey data to provide a descriptive analysis of specialized cybercrime units with a focus on identifying organizational correlates, environmental pressures, and the role of time. Trend …

Innovation Prizes In Practice And Theory, Michael J. Burstein, Fiona Murray

Articles

Innovation prizes in reality are significantly different from innovation prizes in theory. The former are familiar from popular accounts of historical prizes like the Longitude Prize: the government offers a set amount for a solution to a known problem, like £20,000 for a method of calculating longitude at sea. The latter are modeled as compensation to inventors in return for donating their inventions to the public domain. Neither the economic literature nor the policy literature that led to the 2010 America COMPETES Reauthorization Act — which made prizes a prominent tool of government innovation policy — provides a satisfying justification …

Tesla, Dealer Franchise Laws, And The Politics Of Crony Capitalism, Daniel A. Crane

Articles

Public choice theory has long proclaimed that business interests can capture regulatory processes to generate economic rents at the expense of consumers. Such political exploitation may go unnoticed and unchallenged for long time periods because, though the rents are captured by a relatively small number of individuals or firms, the costs are widely diffused over a large number of consumers. The triggering event to expose and mobilize opposition to the regulatory capture may not arise until a new technology seeks to challenge the incumbent technology, thus creating a motivated champion to expose and oppose the regulatory capture and advocate for …

Toward A New Understanding Of Creative Dynamics: From One-Size-Fits-All Models To Multiple And Dynamic Forms Of Creativity, Stephen Cummings, Chris Bilton, Dt Ogilvie

Articles

This article proposes an alternative to a managerial "best practice" approach to creativity based on the notion of creativity as a singular concept. Our alternative draws on three fundamental ideas that are emerging in different pockets of the creativity literature in a way that can be readily conceptualized and applied in practice. The first idea is that creativity is really about "creativities", or a cluster of different and discrete qualities that can be combined to suit the context in which they operate. The second is that creativity is not static: it is about "creativitying", or the action and the practice …

Preparing For Service: A Template For 21st Century Legal Education, Michael J. Madison

Articles

Legal educators today grapple with the changing dynamics of legal employment markets; the evolution of technologies and business models driving changes to the legal profession; and the economics of operating – and attending – a law school. Accrediting organizations and practitioners pressure law schools to prepare new lawyers both to be ready to practice and to be ready for an ever-fluid career path. From the standpoint of law schools in general and any one law school in particular, constraints and limitations surround us. Adaptation through innovation is the order of the day.

How, when, and in what direction should innovation …

Subsidiary Innovation:A Phenomenon Under Threat?, Marty Reilly, Pamela Sharkey Scott

Articles

Rarely are the linkages between theory and practice as apparent as those between the strategic renewal literature and current structural transformations being realised within many multinationals (MNCs). Strategic renewal promotes the transformation of capabilities, structural models and organisational reform. Similarly, we can see similarly how many MNC organisations, cognizant of both global and technological change are championing these key tenets in choosing a new path, and shifting from networks of mini-replica subsidiaries towards more task-driven, integrated systems of activities. The advance of this transactional approach to operations is driven by an aim to create greater efficiencies, eliminate duplication of efforts …

Taxing Facebook Code: Debugging The Tax Code And Software, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

This article sets out to analyze both intellectual property laws and tax systems as applied to computer software. It analyzes software within intellectual property's established doctrinal framework, a difficult task due to the fact that software can encompass some combination of the traits of copyrights, trade dress, patents, and trade secrets. It then examines both the federal and state tax systems governing software. It shows that fitting software within current tax schemes presents unique challenges, as software contains both tangible and intangible elements, is subject to varying intellectual property protections, and can be delivered through various media. The article argues …

Beyond Invention: Patent As Knowledge Law, Michael J. Madison

Articles

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from …

Knowledge Curation, Michael J. Madison

Articles

This Article addresses conservation, preservation, and stewardship of knowledge, and laws and institutions in the cultural environment that support those things. Legal and policy questions concerning creativity and innovation usually focus on producing new knowledge and offering access to it. Equivalent attention rarely is paid to questions of old knowledge. To what extent should the law, and particularly intellectual property law, focus on the durability of information and knowledge? To what extent does the law do so already, and to what effect? This article begins to explore those questions. Along the way, the article takes up distinctions among different types …

Equity And Efficiency In Intellectual Property Taxation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

This article examines the federal income tax regime governing intellectual property using normative criteria in evaluating taxes: equity and efficiency. The article first evaluates the current intellectual property tax scheme in terms of horizontal equity, identifying differences in tax treatment of what appear to be similar intellectual property activities. It argues that disparate tax treatments between seemingly similar intellectual property owners signal that flaws may exist in the tax system. The article then assesses the efficiency of the intellectual property tax system, examining numerous tax subsidies for intellectual property and their effectiveness in promoting economic growth. It argues that many …