Law Commons^™

The Future Of Law And Neuroscience, Owen D. Jones

Vanderbilt Law School Faculty Publications

I was asked to speculate about where the field of Law and Neuroscience may be ten years from now. In that spirit (and while recognizing that the future rarely complies with our predictions) I attempt here some extrapolations. I first consider potential advances in the technologies for monitoring and manipulating brain states, the techniques for analyzing brain data, and the efforts to further integrate relevant fields. I then consider potential neurolaw developments relevant to: (1) detecting things law cares about; (2) individualizing developmental states and brain states; (3) evidence-based legal reforms; (4) legal decision-making; and (5) brain-brain interfaces.

The Role Of Artificial Intelligence In Pushing The Boundaries Of U.S. Regulation: A Systematic Review, Gutierrez Gaviria, Carlos Ignacio

Santa Clara High Technology Law Journal

Artificial Intelligence’s (AI) growing catalog of applications and methods has the potential to profoundly affect public policy by generating instances where regulations are not adequate to confront the issues faced by society, also known as regulatory gaps. The objective of this article is to improve our understanding of how AI influences U.S. public policy. It does so by systematically exploring, for the first time, this technology’s role in the generation of regulatory gaps. Specifically, it addresses two research questions:

1. What U.S. regulatory gaps exist due to AI methods and applications?

2. When looking across all of the gaps identified in the …

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Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii

Public Land & Resources Law Review

On February 22, the Supreme Court of the United States will decide the single issue of whether a Court of Indian Offenses constitutes a federal entity and, therefore, separate prosecutions in federal district court and a Court of Indian Offenses for the same act violates the Double Jeopardy Clause as prosecutions for the same offense.

The Gatekeepers Of Research: Why A Data Protection Authority Holds The Key To Research In The New York Privacy Acts, Eric B. Green

Brooklyn Law Review

Biometric data is among the most sensitive of personal data because it is biologically tied and unique to the individual. Nonetheless, biometric data is an invaluable facet of the research that enables progressive scientific, technological, and medical innovation. Because a comprehensive federal data privacy act does not appear to be on the horizon, the torch has been passed to the states to create their own personal data protection regimes. New Yorkers’ personal biometric data is not aptly protected, partially because neither the New York Privacy Act nor the Biometric Privacy Act (collectively, the NY Privacy Acts) have matured to the …

The Promised Land: Blockchain And The Fashion Industry, Shlomit Yanisky-Ravid, Grace Monroy

Brooklyn Law Review

Despite being a highly creative industry, the fashion industry lacks effective intellectual property (IP) protection in the United States. This article posits that, in the midst of the digital era, blockchain technology, particularly smart contracts, can remedy the failure of IP laws to protect fashion designs and create efficiencies that may dramatically improve the industry. Therefore, if the fashion industry were to adopt a blockchain-based platform, enabled by smart contracts, it could address many of the current challenges stemming from a lack of sufficient IP protection. This article explores the features of blockchain technology, including NFTS, and the application to …

Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias

International Law Studies

"Cyberspace" is often treated as a new domain of State activity in international legal discourse. This has led to the assumption that for international law to apply to cyber operations carried out by States or non-State actors, "cyber-specific" State practice and opinio juris must be demonstrated. This article challenges that assumption on five different bases. First, it argues that rules of general international law are generally applicable to all domains, areas, or types of State activity. In their interpretation and application to purported new domains, limitations to their scope of application cannot be presumed. Second, this article demonstrates that the …

The "Prime Factors" Of Quantum Cryptography Regulation, Lindsay Rand, Theodore Rand

Notre Dame Journal on Emerging Technologies

This Article asserts cryptography to be a critical starting point, as it could be a task for limited scope quantum computers with severe consequences. This Article surveys the risks of quantum computers to encryption and the applicable policy and legal levers to address concerns. As this Article shows, lawmakers must reassess regulations for the exportation of cryptographic products for the quantum regime. For example, current export regulations focus on bit length–which quantum cryptography directly undermines. Further, current controls prevent dispersion of physical products, while a rapidly growing amount of classical and, particularly quantum, computing now takes place “on the cloud.” …

Breakfast With Q-A-Mom: Understanding & Combatting The Stealth Threat Of Women Engaged With Digital Domestic Terrorist Organizations, Leah A. Plunkett

Notre Dame Journal on Emerging Technologies

This essay proceeds in three parts. It provides (1) a high-level description of what QAnon is and who the Q-A-Moms are; (2) an analysis of how and why women join QAnon, importing the general “quest for personal significance” framework (characterized by “need[s], network, and narrative”) from researchers in psychology to legal scholarship for this specific query into Q-A-Moms; and (3) an initial thought challenge to building the solution space for combatting the threat Q-A-Moms pose. This approach takes the core of the Facebook Supreme Court model (creating new quasi-judicial and law enforcement structures within the private digital sector to address …

Big Proctor: Online Proctoring Problems And How Ferpa Can Promote Student Data Due Process, Elana Zeide

Notre Dame Journal on Emerging Technologies

When the pandemic forced schools to shift to remote education, school administrators worried that unsupervised exams would lead to widespread cheating. Many turned to online proctoring technologies that use facial recognition, algorithmic profiling, and invasive surveillance to detect and deter academic misconduct. It was an “epic fail.”. Intrusive and unproven remote proctoring systems turned out to be inaccurate, unfair—and often ineffectual. The software did not account for foreseeable student diversity, leading to misidentification and false flags that disadvantaged test-takers from marginalized communities. Educators implemented proctoring software without sufficient transparency, training, and oversight. As a result, students suffered privacy, academic, reputational, …

Note: Trust In The Digital Marketplace: Amazon, Third-Party Sellers, And Informational Fiduciaries, Jesse-Paul Crane

Notre Dame Journal on Emerging Technologies

The rise of e-commerce has created a number of online marketplaces where digital platforms connect buyers and sellers. Consumers use platforms like Amazon, Etsy, Instacart, Uber, Lyft, and Airbnb to purchase goods and services from third parties while the platform itself takes a fee for operating the marketplace. Online platforms are not the only businesses that use such a “two-sided” marketplace model. The Supreme Court recently addressed antitrust concerns in this type of marketplace in Ohio v. Am. Express Co. 1 Two-sided markets invoke a number of novel legal issues that impact both those who buy and sell over them, …

Note: Self-Regulation By The Private Industry And Its Effectiveness In Today's Online Environment, Stephanie Wong

Notre Dame Journal on Emerging Technologies

Over 30 years ago, self-regulation served as a hopeful potential regulatory framework that would allow private companies to provide effective privacy protections for consumers. The aspiration for a data protection self-regulation regime arose due to the emergence and development of online commercial activity. E-commerce benefited companies that conducted business online but presented new challenges for the protection of consumer data. The Federal Trade Commission encouraged companies that collect consumer data to develop their own forms of self-regulation to protect the personal data of online consumers. If properly implemented, self-regulation promised efficient reorganization of privacy protections to meet the challenges of …

Is The Chemical Genus Claim Really “Dead” At The Federal Circuit?: Part I, Christopher M. Holman

Faculty Works

A 2020 law review article entitled The Death of the Genus Claim (“Death”) purports to document a dramatic shift in the Federal Circuit’s interpretation of 35 U.S.C. 112(a)’s enablement and written description requirements, particularly as applied to chemical genus claims. According to the authors of Death, it has become nearly impossible to obtain a chemical genus claim that will be upheld as valid in the face of a challenge for overbreadth under Section 112(a). Death was cited extensively in Amgens’s successful petition for certiorari in Amgen v. Sanofi, a case asking the Supreme Court to overturn the Federal Circuit’s decision …

The Impact Of Amex And Its Progeny On Technology Platforms, Kacyn H. Fujii

Michigan Law Review

Big Tech today faces unprecedented levels of antitrust scrutiny. Yet antitrust enforcement against Big Tech still faces a major obstacle: the Supreme Court’s 2018 decision in Ohio v. American Express. Popularly called Amex, the case imposed a higher initial burden on antitrust plaintiffs in cases involving two-sided markets. Two-sided markets connect two distinct, noncompeting groups of customers on a shared platform. These platforms have indirect network effects, meaning that one group of customers benefits when more of the second group of customers joins the platform. Two-sided markets are ubiquitous in the technology sector, encompassing social media, search engines, …

Separating Governance Tokens From Securities: How The Utility Token May Fall Short Of The Investment Contract, Kyle Bersani

Cardozo Law Review

No abstract provided.

Taxation Of Automation And Artificial Intelligence As A Tool Of Labour Policy, Vincent Ooi, Glendon Goh

Research Collection Yong Pung How School Of Law

Rapid developments in automation technology pose a risk of mass displacement of human labour, resulting in the need to support and retrain displaced workers (a negative externality). We propose an “automation tax” that would slow the adoption of automation technology in appropriate circumstances, giving workers and social support systems time to adapt. This could be easily implemented through changes to the existing schedular system of depreciation/ capital allowances, reducing the uncertainty of its application and implementation costs. Such a system would be flexible enough to keep up with rapid technological developments. Two main dimensions may be adjusted to produce intended …

The Art Of Regulating Art, Naomi Cahn, Sonia M. Suter

Chicago-Kent Law Review

No abstract provided.

A Wrong Without A Remedy: Leaving Parents And Children With A Hollow Victory I Nlawsuits Against Unscrupulous Sperm Banks, Yaniv Heled, Timothy Lytton, Liza Vertinsky

Chicago-Kent Law Review

No abstract provided.

Embryonic Injuries: Can You Use If You Wouldn't Have Been Born, Or Born Different?, David Heyd

Chicago-Kent Law Review

No abstract provided.

Savior Siblings, Protective Progeny, And Parental Determinism In The Age Of Crispr-Cas, Barbara Pfeffer-Billauer

Chicago-Kent Law Review

No abstract provided.

From Consent To Empowerment In Support Of Decision-Making In Embryonic Genetic Design, Pamela Laufer-Ukeles

Chicago-Kent Law Review

No abstract provided.

Genetically-Engineered Begots, Have-Nots, And Tinkered Tots: (High Scoring Polygenic Kids As A Heredity-Camelot)-An Introduction To The Legalities And Bio-Ethics Of Advanced Ivf And Genetic Testing, Barbara Pfeffier-Billaeuer

Chicago-Kent Law Review

No abstract provided.

Does A Custodial Rights Understanding Of The Gdpr Justify Fraudulent Misrepresentation By Sperm Donors?, Dov Greenbaum

Chicago-Kent Law Review

No abstract provided.

Causation And Compensation For Intergenerational Harm, Dov Fox

Chicago-Kent Law Review

No abstract provided.

Towards New Era Of Innovation Law—Comments On 2021 Revision Of Law Of The People’S Republic Of China On Science And Technology Progress, Youdan Xiao

Bulletin of Chinese Academy of Sciences (Chinese Version)

On December 24, 2021, the Standing Committee of the National People's Congress adopted the second amendment to the Law of the People's Republic of China on Science and Technology Progress. This revision systematically and comprehensively updates the existing basic laws on science and technology, and the depth, strengthen, and scope of this revision are unprecedented in the history of China's science and technology legislation. On this basis, the major highlights, key systems, and possible issues of this amendment are systematically reviewed from three perspectives:institutional response, institutional innovation, and implementation challenge, with designation to providing reference for the effective implementation of …

Learning From South Korea’S Covid-19 Response: Why Centralizing The United States Public Health System Is Essential For Future Pandemic Responses, Meghan Ricci

Seattle Journal of Technology, Environmental, & Innovation Law

The COVID-19 pandemic revealed stark differences in governmental preparedness across the globe. The United States, once thought of as a global leader in public health, had the theoretical skill and efficiency to handle the pandemic but failed to utilize those skills and resources during an actual health crisis. In the spring of 2020, everyone watched the U.S.’s reaction to the unfolding of the COVID-19 pandemic due to its historic placeholder as a global leader and innovator. However, the performance of the U.S. in response to the global pandemic disappointed both global commentators and U.S. citizens. This paper will compare the …

Chemical Weapons And Their Unforeseen Impact On Health And The Environment, Alexandra Chen

Seattle Journal of Technology, Environmental, & Innovation Law

The May 2020 police murder of George Floyd catalyzed a racial reckoning in the United States that saw millions of people take to the streets to protest police brutality against people of color. In following months, law enforcement used massive amounts of "less-lethal" chemical weapons against protesters in cities across the country. Despite widespread use of chemical weapons by police agencies and mounting evidence of related environmental and health harms, the federal government does not regulate the use nor the manufacture of chemical weapons. Chemical weapons contain toxic ingredients such as hexavalent chromium, lead salts, and methylene chloride, which are …

The Long-Term Problem With Electric Vehicle Batteries: A Policy Recommendation To Encourage Advancement For Scalable Recycling Practices, Lauren Fricke

Seattle Journal of Technology, Environmental, & Innovation Law

With the growing popularity of electric vehicles, the demand for lithium ion (Li-ion) batteries, which are the dominant energy source for electric vehicles, are skyrocketing. By default, this means a growing demand for the raw materials needed to manufacture these complex batteries such as lithium, cobalt, and nickel. Economic, environmental, and political supply chain factors bring into question the sustainability of these batteries as a solution to the issues surrounding gasoline powered transportation, creating a need for large scale Li-ion battery recycling. By 2030, 140 million EVs are predicted to be on the road worldwide. In that time, eleven million …

Uranium 233: The Nuclear Superfuel No One Is Using, Maris Hanson

Seattle Journal of Technology, Environmental, & Innovation Law

Nuclear power offers more energy in less physical space than solar and wind and yields more energy per pound than fossil fuels. However different nuclear fuels yield different waste profiles and create different beneficial products. Uranium 233 (U233) resists use in nuclear weapons, yields beneficial daughter products, and produces dramatically less of the most problematic waste products than Uranium 235 (U235). U233 results from reactions with Thorium, a plentiful, ubiquitous element currently considered waste from rare earth mines. Additionally, U233 functions well in a liquid fuel reactor resulting in safer, more efficient reactors than current solid fuel U235 or Plutonium …

On The Horizon: Nanosatellite Constellations Will Revolutionize The Internet Of Things (Iot), Diane Janosek

Seattle Journal of Technology, Environmental, & Innovation Law

The Internet of Things has experienced exponential growth and use across the globe with 25.1 billion devices currently in use. Until recently, the functionality of the IoT was dependent on secure data flow between internet terrestrial stations and the IoT devices. Now, a new alternative path of data flow is on the horizon.

IoT device manufacturers are now looking to outer space nanosatellite constellations to connect to a different type of internet. This new internet is no longer terrestrial with fiber cables six feet underground but now looking up, literally, 200 to 300 miles above the earth, to communicate, connect …

Personalized Smart Guns: A Futuristic Dream Or A Pragmatic Solution?, Andres Paciuc

Duke Law & Technology Review

No abstract provided.