Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UIC School of Law (1394)
- University of Michigan Law School (475)
- Selected Works (432)
- University of Colorado Law School (401)
- Schulich School of Law, Dalhousie University (349)
-
- SelectedWorks (256)
- Seattle University School of Law (200)
- University of Pennsylvania Carey Law School (200)
- Maurer School of Law: Indiana University (164)
- American University Washington College of Law (163)
- The Catholic University of America, Columbus School of Law (163)
- Southern Methodist University (154)
- UC Law SF (153)
- Santa Clara Law (139)
- Boston University School of Law (136)
- University of Montana (134)
- Brooklyn Law School (104)
- Case Western Reserve University School of Law (104)
- Duke Law (103)
- Vanderbilt University Law School (102)
- William & Mary Law School (101)
- BLR (95)
- Washington and Lee University School of Law (92)
- DePaul University (75)
- Chicago-Kent College of Law (74)
- University of Washington School of Law (72)
- Columbia Law School (68)
- University of Maryland Francis King Carey School of Law (66)
- Pepperdine University (65)
- Cleveland State University (62)
- Keyword
-
- Technology (480)
- Privacy (310)
- Science and Technology (260)
- Law and Technology (205)
- Internet (172)
-
- Artificial intelligence (162)
- Copyright (152)
- Regulation (151)
- Intellectual property (143)
- Intellectual Property Law (134)
- Law (126)
- AI (120)
- Innovation (114)
- Science (111)
- Patents (110)
- Climate change (104)
- Patent law (96)
- Computer Law (95)
- Patent (93)
- Biotechnology (92)
- Surveillance (92)
- Colorado (86)
- Evidence (83)
- Law and Society (83)
- Fourth Amendment (81)
- Data (79)
- United States (76)
- Patents & Technology (70)
- Ethics (68)
- Scientific evidence (66)
- Publication Year
- Publication
-
- UIC John Marshall Journal of Information Technology & Privacy Law (793)
- UIC Review of Intellectual Property Law (530)
- Faculty Scholarship (340)
- Canadian Journal of Law and Technology (263)
- All Faculty Scholarship (218)
-
- Articles (190)
- Seattle University Law Review (148)
- UC Law Science and Technology Journal (138)
- Santa Clara High Technology Law Journal (137)
- Public Land & Resources Law Review (134)
- SMU Science and Technology Law Review (129)
- Catholic University Journal of Law and Technology (123)
- Publications (113)
- Michigan Law Review (108)
- Journal of Law, Technology, & the Internet (94)
- ExpressO (93)
- Duke Law & Technology Review (91)
- DePaul Journal of Art, Technology & Intellectual Property Law (72)
- Faculty Publications (68)
- Articles in Law Reviews & Other Academic Journals (64)
- Articles, Book Chapters, & Popular Press (61)
- UIC Law Review (59)
- Michigan Telecommunications & Technology Law Review (57)
- IP Theory (55)
- Scholarly Articles (53)
- Vanderbilt Journal of Entertainment & Technology Law (53)
- Research Collection Yong Pung How School Of Law (52)
- Washington and Lee Law Review (51)
- University of Michigan Journal of Law Reform (49)
- Journal Articles (48)
- Publication Type
Articles 391 - 420 of 7614
Full-Text Articles in Law
Do Not Touch My Data: Exploring A Disclosure-Based Framework To Address Data Access, Francis Morency
Do Not Touch My Data: Exploring A Disclosure-Based Framework To Address Data Access, Francis Morency
Washington and Lee Journal of Civil Rights and Social Justice
Companies have too much control over people’s information. In the data marketplace, companies package and sell individuals’ data, and these individuals have little to no bargaining power over the process. Companies may freely buy and sell people’s data in the private sector for targeted marketing and behavior manipulation. In the justice system, an unchecked data marketplace leaves black and brown communities vulnerable to serious data access issues caused by predictive sentencing, for example. Risk assessment algorithms in predictive sentencing rely on data on individuals and run all relevant data points to provide the likelihood that a defendant will recidivate low …
Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing, E. Wyatt Jones
Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing, E. Wyatt Jones
Honors Projects
DNA dragnets have attracted both public and scholarly criticisms that have yet to be resolved by the Courts. This review will introduce a modern understanding of DNA analysis, a complete introduction to past and present Fourth and Fourteenth Amendment jurisprudence, and existing suggestions concerning similar issues in legal scholarship. Considering these contexts, this review concludes that a focus on privacy and property at once, with a particular sensitivity to the inseverable relationship between the two interests, is Constitutionally consistent with precedent and the most workable means of answering the question at hand.
On Electric Vehicles And Environmental Policies For Innovation, Shi-Ling Hsu
On Electric Vehicles And Environmental Policies For Innovation, Shi-Ling Hsu
UC Law Science and Technology Journal
Electric vehicles have been in existence for over a century. Impetus and progress towards commercialization have been uneven. For the most part, government policy on electric vehicle development has consisted of government funding and other support for research and development. The long, meandering path that has now resulted in the emergence of Tesla as an industry leader has been documented carefully in John Graham’s The Global Rise of the Modern Plug-in Electric Vehicle. Graham’s account is remarkably broad and thorough, leaving few stones unturned, and comprehensively detailing the history of electric vehicle policy in a number of countries, and often …
Entity Of The State: The Transparency Of Restricting Telecommunications Firms As Threats To America’S National Security, Benjamin W. Cramer
Entity Of The State: The Transparency Of Restricting Telecommunications Firms As Threats To America’S National Security, Benjamin W. Cramer
Notre Dame Journal on Emerging Technologies
This paper analyzes recent American regulations regarding international telecommunications firms that have been restricted from doing business in the United States, as apparent threats to national security. The paper will include policy-oriented research into the relevant legislation, plus more theoretical research on the framing of geopolitical disputes and the transparency of the resulting regulatory actions. There has been some suspicion from journalists and government watchdogs that such restrictions are politically motivated, with dramatic claims of national security threats leading to non-transparent trade regulations. This paper discusses the framing of geopolitical disputes and their impact on trade policy in the telecommunications …
U.S. Cryptocurrency Regulation: A Slowly Evolving State Of Affairs, Aaron Poynton
U.S. Cryptocurrency Regulation: A Slowly Evolving State Of Affairs, Aaron Poynton
Notre Dame Journal on Emerging Technologies
After nearly a decade and a half since the creation of the first cryptocurrency, crypto regulation in the United States is fragmented, with different measures taken at the federal and state levels, and even within and among agencies. This sluggish speed is not necessarily a surprise as government regulation has always chased rapid advancements in technology and associated consumer and market behavior changes. However, this is a precarious position for the United States--and the world--as the U.S. is a leader in the global financial community, the high concentration of crypto-based wealth, and economies’ increasingly interconnected and interdependent nature. This working …
Note: Nft Art Heists: Analyzing Nfts Under U.S. Law And International Conventions On Art Theft, Kevin D. Brum
Note: Nft Art Heists: Analyzing Nfts Under U.S. Law And International Conventions On Art Theft, Kevin D. Brum
Notre Dame Journal on Emerging Technologies
The non-fungible token (“NFT”) is a type of digital asset that is usually associated with an image and has a unique identifier. An NFT cannot be copied or reproduced, and records of NFT transactions are stored on the blockchain. NFTs are a recent innovation and have swept the world by storm. NFT sales tripled from 2019 to 2020 and DappRadar—the premier platform for hosting decentralized NFT portfolio management applications—estimates that NFT sales hit twenty-five billion dollars in 2021. Many NFTs appear to be artistic works and, either individually or in a collection, can be given away for free, sold for …
Note: Artistic Relevance In Artificial Intelligence? “Roger” That!, Kelly Heilman
Note: Artistic Relevance In Artificial Intelligence? “Roger” That!, Kelly Heilman
Notre Dame Journal on Emerging Technologies
In an era of technological revolution, artificial intelligence is shocking the legal field with its increasing popularity, power, and potential. The limits of property, personhood, and creativity are in question by both the public and the courts, leaving significant ambiguities in the law. Legal standards regarding the regulation of advanced technologies have raised unique and critical substantive questions for intellectual property rights, particularly that of trademarks, where the traditional purpose is source identification between consumers and goods.
Since the 1989 holding in Rogers v. Grimaldi, the use of trademarks for creative purposes, as a matter of First Amendment jurisprudence, …
Internet Censorship In The Time Of A Global Pandemic: A Proposal For Revisions To Section 230 Of The Communications Decency Act, Braxton Johnson, Alex Dewsnup
Internet Censorship In The Time Of A Global Pandemic: A Proposal For Revisions To Section 230 Of The Communications Decency Act, Braxton Johnson, Alex Dewsnup
Brigham Young University Prelaw Review
During the era of the novel coronavirus SARS-CoV-2, social media sites have justified removing inflammatory opinions pertaining to COVID-19 in attempts to protect and promote public health and safety by automatically categorizing such opinions as misinformation. While the intention of such censorship is noble, it raises the question of whether social media sites and internet service providers in general have too much power when it comes to controlling information. In an age where social media has become intrinsic to the dissemination and formation of opinion, the free exchange of ideas on the Internet is of prime importance, and any threat …
Jurisgenerative Tissues: Sociotechnical Imaginaries And The Legal Secretions Of 3d Bioprinting, Roxanne Mykitiuk, Joshua Shaw
Jurisgenerative Tissues: Sociotechnical Imaginaries And The Legal Secretions Of 3d Bioprinting, Roxanne Mykitiuk, Joshua Shaw
Articles & Book Chapters
Three-dimensional ‘bioprinting’ is under development, which may produce living human organs and tissues to be surgically implanted in patients. Like tissue engineering and regenerative medicine generally, the process of bioprinting potentially disrupts experience of the human body by redefining understandings of, and becoming actualised in new practices and regimes in relation to, the body. The authors consider how these novel sociotechnical imaginaries may emerge, having regard to law’s contribution to, as well as its possible transformation by, the process of 3D bioprinting. The authors draw on Gilbert Simondon and corporeal, material feminists to account for these disruptions as ‘ontogenetic,’ in …
The Power Of Local: Nearby Innovators Dominate Patented Technology Development, Richard Gruner
The Power Of Local: Nearby Innovators Dominate Patented Technology Development, Richard Gruner
Northwestern Journal of Technology and Intellectual Property
Advances by nearby innovators – close enough to interact in person – play key roles in patented technology development. Patents frequently cite nearby innovations, identifying these local innovations as the background for further patented inventions. Such citations reveal narrow geographic areas with intensely active innovation communities advancing similar projects and technologies. Local innovators – working within a commutable distance of 40 miles or less of each other – accounted for 25 percent of all patent citations between 2010 and 2019 and about 21 percent of citations by disinterested patent examiners reviewing patent applications. These percentages of citations to local advances …
Law Informs Code: A Legal Informatics Approach To Aligning Artificial Intelligence With Humans, John J. Nay
Law Informs Code: A Legal Informatics Approach To Aligning Artificial Intelligence With Humans, John J. Nay
Northwestern Journal of Technology and Intellectual Property
Artificial Intelligence (AI) capabilities are rapidly advancing. Highly capable AI could cause radically different futures depending on how it is developed and deployed. We are unable to specify human goals and societal values in a way that reliably directs AI behavior. Specifying the desirability (value) of AI taking a particular action in a particular state of the world is unwieldy beyond a very limited set of state-action-values. The purpose of machine learning is to train on a subset of states and have the resulting agent generalize an ability to choose high value actions in unencountered circumstances. Inevitably, the function ascribing …
The Evidentiary Implications Of Interpreting Black-Box Algorithms, Varun Bhatnagar
The Evidentiary Implications Of Interpreting Black-Box Algorithms, Varun Bhatnagar
Northwestern Journal of Technology and Intellectual Property
Biased black-box algorithms have drawn increasing levels of scrutiny from the public. This is especially true for those black-box algorithms with the potential to negatively affect protected or vulnerable populations.1 One type of these black-box algorithms, a neural network, is both opaque and capable of high accuracy. However, neural networks do not provide insights into the relative importance, underlying relationships, structures of the predictors or covariates with the modelled outcomes.2 There are methods to combat a neural network’s lack of transparency: globally or locally interpretable post-hoc explanatory models.3 However, the threat of such measures usually does not bar an actor …
Compulsory Licensing: A Potential Solution To The Antitrust Dilemma Of Technology Standards Setting, Shen Peng
Compulsory Licensing: A Potential Solution To The Antitrust Dilemma Of Technology Standards Setting, Shen Peng
Northwestern Journal of Technology and Intellectual Property
The Constitution grants patent owners exclusive rights over their inventions to “promote the Progress of Science.”1 This clause was drafted based on the belief that monetary incentives granted to the first inventor, such as the proceeds from selling and licensing the invention, will foster new ideas and accelerate innovation to the benefit of the public welfare. However, when the first inventor is the sole benefactor of the rewards from the innovation, subsequent innovation may be stifled.
For instance, the first person to invent the idea of a mobile phone but lacking the right to use the underlying technologies essential to …
A Loaded God Complex: The Unconstitutionality Of The Executive Branch’S Unilaterally Withholding Zero-Days, Brendan Gilligan
A Loaded God Complex: The Unconstitutionality Of The Executive Branch’S Unilaterally Withholding Zero-Days, Brendan Gilligan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Optimizing Cybersecurity Risk In Medical Cyber-Physical Devices, Christopher S. Yoo, Bethany C. Lee
Optimizing Cybersecurity Risk In Medical Cyber-Physical Devices, Christopher S. Yoo, Bethany C. Lee
William & Mary Law Review
Medical devices are increasingly connected, both to cyber networks and to sensors collecting data from physical stimuli. These cyber-physical systems pose a new host of deadly security risks that traditional notions of cybersecurity struggle to take into account. Previously, we could predict how algorithms would function as they drew on defined inputs. But cyber-physical systems draw on unbounded inputs from the real world. Moreover, with wide networks of cyber-physical medical devices, a single cybersecurity breach could pose lethal dangers to masses of patients.
The U.S. Food and Drug Administration (FDA) is tasked with regulating medical devices to ensure safety and …
The Midas Touch: Atuahene's "Stategraft" And Unregulated Artificial Intelligence, Sonia Gipson Rankin
The Midas Touch: Atuahene's "Stategraft" And Unregulated Artificial Intelligence, Sonia Gipson Rankin
Faculty Scholarship
Professor Bernadette Atuahene’s article, A Theory of Stategraft, develops the new theoretical conception of “stategraft.” Professor Atuahene notes that when state agents have engaged in practices of transferring property from persons to the state in violation of the state’s own laws or basic human rights, it sits at the nexus of illegal behavior and revenue-generating activity for the government. Although there are countless instances of “stategraft,” one particularly salient example is when the state uses artificial intelligence to illegally extract resources from people. This Essay will apply stategraft to an algorithm implemented in Michigan that falsely accused recipients of unemployment …
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Patenting Genetic Information, David S. Olson, Fabrizio Ducci
Patenting Genetic Information, David S. Olson, Fabrizio Ducci
Indiana Law Journal
The U.S. biotechnology industry got its start and grew to maturity over roughly three decades, beginning in the 1980s. During this period genes were patentable, and many gene patents were granted. University researchers performed basic research— often funded by the government—and then patented the genes they discovered with the encouragement of the Bayh-Dole Act, which sought to encourage practical applications of basic research by allowing patents on federally funded inventions and discoveries. At that time, when a researcher discovered the function of a gene, she could patent it such that no one else could work with that gene in the …
Optimizing Cybersecurity Risk In Medical Cyber-Physical Devices, Christopher S. Yoo, Bethany Lee
Optimizing Cybersecurity Risk In Medical Cyber-Physical Devices, Christopher S. Yoo, Bethany Lee
All Faculty Scholarship
Medical devices are increasingly connected, both to cyber networks and to sensors collecting data from physical stimuli. These cyber-physical systems pose a new host of deadly security risks that traditional notions of cybersecurity struggle to take into account. Previously, we could predict how algorithms would function as they drew on defined inputs. But cyber-physical systems draw on unbounded inputs from the real world. Moreover, with wide networks of cyber-physical medical devices, a single cybersecurity breach could pose lethal dangers to masses of patients.
The U.S. Food and Drug Administration (FDA) is tasked with regulating medical devices to ensure safety and …
Extended Privacy For Extended Reality: Xr Technology Has 99 Problems And Privacy Is Several Of Them, Suchismita Pahi, Calli Schroeder
Extended Privacy For Extended Reality: Xr Technology Has 99 Problems And Privacy Is Several Of Them, Suchismita Pahi, Calli Schroeder
Notre Dame Journal on Emerging Technologies
Americans are rapidly adopting innovative technologies which are pushing the frontiers of reality. But, when they look at how their privacy is protected within the new extended reality (XR), they will find that U.S. privacy laws fall short. The privacy risks inherent in XR are inadequately addressed by current U.S. data privacy laws or courtcreated frameworks that purport to protect the constitutional right to be free from unreasonable searches. Many scholars, including Ryan Calo, Danielle Citron, Sherry Colb, Margaret Hu, Orin Kerr, Kirsten Martin, Paul Ohm, Daniel Solove, Rebecca Wexler, Shoshana Zuboff, and others, have highlighted the gaps in U.S. …
Telegraph, Telephone And The Internet: The Making Of The Symbiotic Model Of Surveillance States, Dongsheng Zang
Telegraph, Telephone And The Internet: The Making Of The Symbiotic Model Of Surveillance States, Dongsheng Zang
Articles
In the early 2000s, shortly before the September 11 attacks, Daniel J. Solove noted that computer databases in the United States were controlled by public as well as private bureaucracies. In that sense, Solove argued, the "Big Brother" metaphor "fails to capture the most important dimension of the database problem." In his 2008 Lockhart lecture, constitutional law scholar Jack M. Balkin argued that the United States has gradually transformed from a welfare and national security state to a National Surveillance State: "a new form of governance that features the collection, collation, and analysis of information about populations both in the …
The Role Of Constitutional Provisions In Protecting Artificial Reproductive Technology: A Comparative Analysis Of The United Kingdom, France, Germany, Italy, And The United States, Gabrielle Kleyner
UC Law Science and Technology Journal
Artificial reproductive technology (ART) is a common medical treatment for individuals struggling with infertility. However, accessibility depends largely on social, economic, and legal factors. This article will examine the role constitutional provisions play in protecting access to ART, comparing countries with constitutional provisions protecting the right to health like the United Kingdom, France, Germany, and Italy, with the United States, which lacks such safeguards. This article will begin by comparing the constitutional provisions protecting the right to health broadly and then explore the specific guidelines governing ART. The article ultimately finds a relationship between constitutional health protections and access to …
Litigation Takes The Stage: Using Litigation To Solve Performances In Privacy Law, Stephanie Don
Litigation Takes The Stage: Using Litigation To Solve Performances In Privacy Law, Stephanie Don
UC Law Science and Technology Journal
Technology’s constant and continuous development is many steps ahead of United States’ privacy laws. This Note asserts that current domestic privacy law is years behind what technology is capable of and is merely performative. That is, privacy law claims to protect us but simply does not. Ari Ezra Waldman’s book, Industry Unbound, exemplifies how consumers and privacy professionals alike are under the false impression that the privacy profession protects consumer data. To attempt to catch up with technology’s fast-paced development—specifically in the social media space—and to create truly protective privacy law, this Note proposes that litigation be used to advance …
Ai Ethical Compliance Is Undecidable, Lorin Brennan
Ai Ethical Compliance Is Undecidable, Lorin Brennan
UC Law Science and Technology Journal
One response to concerns about AI systems has been to espouse “ethical AI,” that is, to elucidate ethical norms and then impose a legal requirement that AI systems comport with these norms. But will it work? More precisely, does there exist an effective procedure by which an AI system developer, or regulator, can determine in advance whether an AI system, once put into operation, will consistently generate output that conforms to a desired ethical norm? This paper argues “no.” The Halting Problem shows that there is no algorithm that can reliably do so for all AI systems running any allowed …
Smart Wearables: The Overlooked And Underrated Essential Worker, Rebekah Hill
Smart Wearables: The Overlooked And Underrated Essential Worker, Rebekah Hill
William & Mary Law Review
This Note argues that the FDA should revamp its criteria for regulating medical devices to unambiguously include smart wearables. Specifically, this Note calls for the FDA to amend its definition of “medical device” to focus on what a device is technologically capable of rather than its intended use.
Part I will examine the established legislation regarding medical devices; in particular, it will examine the relationship between FDA regulations and the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and argue that when taken together, HIPAA creates a strong presumption that smart wearables should be regulated by the FDA. This …
Understanding Dark Patterns In Home Iot Devices, Monica Kowalczyk, Johanna Gunawan, David Choffnes, Daniel J. Dubois, Woodrow Hartzog, Christo Wilson
Understanding Dark Patterns In Home Iot Devices, Monica Kowalczyk, Johanna Gunawan, David Choffnes, Daniel J. Dubois, Woodrow Hartzog, Christo Wilson
Faculty Scholarship
Internet-of-Things (IoT) devices are ubiquitous, but little attention has been paid to how they may incorporate dark patterns despite consumer protections and privacy concerns arising from their unique access to intimate spaces and always-on capabilities. This paper conducts a systematic investigation of dark patterns in 57 popular, diverse smart home devices. We update manual interaction and annotation methods for the IoT context, then analyze dark pattern frequency across device types, manufacturers, and interaction modalities. We find that dark patterns are pervasive in IoT experiences, but manifest in diverse ways across device traits. Speakers, doorbells, and camera devices contain the most …
Regulating Artificial Intelligence In International Investment Law, Mark Mclaughlin
Regulating Artificial Intelligence In International Investment Law, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
The interaction between artificial intelligence (AI) and international investment treaties is an uncharted territory of international law. Concerns over the national security, safety, and privacy implications of AI are spurring regulators into action around the world. States have imposed restrictions on data transfer, utilised automated decision-making, mandated algorithmic transparency, and limited market access. This article explores the interaction between AI regulation and standards of investment protection. It is argued that the current framework provides an unpredictable legal environment in which to adjudicate the contested norms and ethics of AI. Treaties should be recalibrated to reinforce their anti-protectionist origins, embed human-centric …
Exams In The Time Of Chatgpt, Margaret Ryznar
Exams In The Time Of Chatgpt, Margaret Ryznar
Washington and Lee Law Review Online
Invaluable guidance has emerged regarding online teaching in recent years, but less so concerning online and take-home final exams. This article offers various methods to administer such exams while maintaining their integrity—after asking artificial intelligence writing tool ChatGPT for its views on the matter. The sophisticated response of the chatbot, which students can use in their written work, only raises the stakes of figuring out how to administer exams fairly.
Keynote Address, Roy Hadley, Matthew Grocoff
Keynote Address, Roy Hadley, Matthew Grocoff
Georgia Law Review Symposia
Keynote address by two distinguished Georgia Law alumni, Roy E. Hadley Jr., whose many positions include Independent Counsel, Adams and Reese LLP, Atlanta, and Matthew Grocoff, whose many positions include founding principal of THRIVE Collaborative, Ann Arbor, Michigan.