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Full-Text Articles in Law
Regulation By Database, Nathan Cortez
Regulation By Database, Nathan Cortez
Faculty Journal Articles and Book Chapters
The federal government currently publishes 195,245 searchable databases online, a number of which include information about private parties that is negative or unflattering in some way. Federal agencies increasingly publish adverse data not just to inform the public or promote transparency, but to pursue regulatory ends ⎯ to change the underlying behavior being reported. Such "regulation by database" has become a preferred method of regulation in recent years, despite scant attention from policymakers, courts, or scholars on its appropriate uses and safeguards.
This Article, then, evaluates the aspirations and burdens of regulation by database. Based on case studies of six …
Emerging Technologies Challenging Current Legal Paradigms, W. Keith Robinson, Joshua T. Smith
Emerging Technologies Challenging Current Legal Paradigms, W. Keith Robinson, Joshua T. Smith
Faculty Journal Articles and Book Chapters
U.S. patent law has made assumptions about where new inventions will be created, who will create them, and how they will be infringed. Throughout history, emerging technologies have challenged these paradigms. This decade’s emerging technologies will allow humans to create in virtual worlds, connect billions of every day devices via the Internet, and use artificial intelligence to invent across technology fields. If countries like the U.S. wish to encourage inventors to seek patent protection in these emerging areas, then a paradigm shift in the law must occur. Specifically, the law must clarify patent eligibility, recognize the increasing role of artificial …