Science and Technology Law Commons^™

Workplace Transformation And Its Tax Compliance Implications, Jay A. Soled

Villanova Law Review (1956 - )

No abstract provided.

Automation: Creative Destruction And The Race For Equilibrium, Dustin Rabi

Journal of the National Association of Administrative Law Judiciary

The inevitable transition to an automation-driven workforce, economy, and society is generating excitement in some and discomfort in others. Researchers have estimated that anywhere between 10—50% of today’s jobs are susceptible to automation. Furthermore, private firms are highly incentivized to adopt new technologies as a way to remain competitive in their respective markets. In anticipation of this potential economic paradigm shift, Congress requested the U.S. Government Accountability Office (GAO) to obtain more ascertainable data as to what is currently understood about how the adoption of advanced technologies will affect the U.S. workforce. Nine months after the report was published, on …

Zoning And The Cost Of Housing: Evidence From Silicon Valley, Greater New Haven, And Greater Austin, Robert C. Ellickson

Cardozo Law Review

Municipal zoning, shockingly, may be the most consequential regulatory program in the United States. This Article develops metrics for measuring the extent to which a locality’s zoning practices are exclusionary, that is, limit construction of least-cost housing. It applies the metrics to actual zoning ordinances and zoning maps, materials that legal scholars have seldom closely appraised. The municipalities chosen for study lie in three metropolitan areas, the ones listed in the Article’s title. Of the three, zoning in Greater Austin, one of the fastest growing metropolitan areas in the United States, is—to no one’s surprise—the most conducive to housing development. …

The Promises And Perils Of Robo-Advisers: Challenges And Regulatory Approaches, Aurelio Gurrea-Martinez, Wai Yee Wan

Research Collection Yong Pung How School Of Law

Artificial intelligence is changing the operation and business model of many intermediaries in financial markets. Investing through online automated platforms, known as robo-advisers, is becoming very popular worldwide. In fact, some studies estimate that robo-advisers will be managing USD 4.6 trillion by 2022. This chapter analyses the promises and perils of robo-advice, as well as the challenges and regulatory responses adopted in various countries and regions around the world, including the United States, the United Kingdom, the European Union, Australia, Hong Kong, Mainland China, and Singapore. It will conclude by showing that, despite the existence of various legal and challenges …

The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen

Articles

In response to widespread skepticism about the recent rise of “tech ethics”, many critics have called for legal reform instead. In contrast with the “ethics response”, critics consider the “lawfulness response” more capable of disciplining the excesses of the technology industry. In fact, both are simultaneously vulnerable to industry capture and capable of advancing a more democratic egalitarian agenda for the information economy. Both ethics and law offer a terrain of contestation, rather than a predetermined set of commitments by which to achieve more democratic and egalitarian technological production. In advancing this argument, the essay focuses on two misunderstandings common …

An Osm For Iot: Establishing An Office Of Special Masters To Resolve Certain Cases Involving The Internet Of Things, Abigail Perdue, Bethany Corbin

West Virginia Law Review

No abstract provided.

Wandering With Artificial Intelligence And Its Obscure Legal Liability, Muhammad Pasha Nur Fauzan, Darian Amarta, Evan Tobias, Vikri Ricardo, Melania Fidela G.

Indonesia Law Review

The high level of autonomy of AI will raise the problem of legal liability at some point in the future. If AI’s behaviour causes an illegal consequence, who to held liable? This article will explore the problem concerning legal liability of AI into two main discussion. The first discussion will explore the possibility of imposing legal liability of AI to human. This part will discuss various available option to solve the AI liability problem by imposing legal liability on either users or manufacturers. While the second discussion will explore the possibility of imposing legal liability of AI to AI itself. …

The Case For Banning (And Mandating) Ransomware Insurance, Kyle D. Logue, Adam B. Shniderman

Law & Economics Working Papers

Ransomware attacks are becoming increasingly pervasive and disruptive. Not only are they shutting down (or at least “holding up”) businesses and local governments all around the country, they are disrupting institutions in many sectors of the U.S. economy — from school systems, to medical facilities, to critical elements of the U.S. energy infrastructure as well as the food supply chain. Ransomware attacks are also growing more frequent and the ransom demands more exorbitant. Those ransom payments are increasingly being covered by insurance. That insurance offers coverage for a variety of cyber-related losses, including many of the costs arising out of …

Medical Device Artificial Intelligence: The New Tort Frontier, Charlotte A. Tschider

BYU Law Review

The medical device industry and new technology start-ups have dramatically increased investment in artificial intelligence (AI) applications, including diagnostic tools and AI-enabled devices. These technologies have been positioned to reduce climbing health costs while simultaneously improving health outcomes. Technologies like AI-enabled surgical robots, AI-enabled insulin pumps, and cancer detection applications hold tremendous promise, yet without appropriate oversight, they will likely pose major safety issues. While preventative safety measures may reduce risk to patients using these technologies, effective regulatory-tort regimes also permit recovery when preventative solutions are insufficient.

The Food and Drug Administration (FDA), the administrative agency responsible for overseeing the …

Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert

Public Land & Resources Law Review

The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …

Charting The Skies: Where Does Facial Recognition Technology "Fit" In The Data Privacy Cosmos?, Steven D. Zansberg

Notre Dame Journal on Emerging Technologies

What I offer below is a theoretical framework for evaluating competing societal interests: the value our society assigns to the free-flow of information to the public, including highly sophisticated computergenerated analyses of gargantuan data sets—information that helps inform better individual and collective decision-making; and on the other hand, the value we place on privacy even in the context of technological advances. One’s most personal actions and thoughts—what we type into search engines, which videos we watch, for how long or how often, which books or articles we read, with whom we communicate and the contents of those communications—should not be …

U.S. Securities Crowdfunding, Joan Macleod Heminway

Book Chapters

In May 2016, a U.S. federal registration exemption for crowdfunded securities offerings came into existence (under the earlier adopted CROWDFUND Act) as a means of helping startups and small businesses obtain funding. In theory, this exemptive regime was an attempt to fill gaps in U.S. securities law that handicapped entrepreneurs and their promoters from obtaining equity, debt, and other financing through the sale of financial investment instruments using digital offering platforms. The use of the internet for business finance is particularly important to U.S. entrepreneurs who may not have access to traditional, institutionalized sources of funding because of their own …

Masthead

UC Law Science and Technology Journal

No abstract provided.

Liberty Or Licentiousness: Disinsenting, Disparaging, And Scandalous Marks Post-Tam And Brunetti, Llewellyn Joseph Gibbons

UC Law Science and Technology Journal

No abstract provided.

Covid-19 Vaccines And Their Pitfalls In Informed Consent, Yousef Haik, Eleni Polymenopoulou

UC Law Science and Technology Journal

The World Health Organization declared the coronavirus (COVID-19) pandemic as a global health crisis. The search for a coronavirus vaccine escalated to a global competition. Drugs for other diseases as well as new formulations are proposed as potential candidates for the treatment or intervention of coronavirus. Almost all pharmaceutically able countries are pursuing potential vaccines. At the time of writing this article, two vaccines are already marketed and tested with promising interim results. Both vaccines use messenger RNA (mRNA) encapsulated in a lipid nanocarrier. Under ordinary circumstances, clinical trial authorizations oblige sponsors to disclose all risks to volunteers in order …

Towards Optimal Liability For Artificial Intelligence: Lessons From The European Union’S Proposals Of 2020, Stefan Heiss

UC Law Science and Technology Journal

Are the E.U.’s proposals on artificial intelligence (AI) a major breakthrough or just a mere token of an initial liability regime? Several initiatives have been released in 2020 to shape Europe’s digital future to the next level, whereas the U.S. leadership program is hesitant to regulate AI. However, the recent E.U. proposals by introducing strict liability or implementing a certification procedure are a first approximation of what is needed rather than an adoptable bill. Based on the lessons learned from the E.U. a scheme of liability is outlined, which strengthens the trajectory of AI’s development in the long-term solely when …

Covid-19 And Business Interruption Insurance: The Constitutionality Of Legislatively Mandated Coverage, William G. Arnold

South Carolina Law Review

No abstract provided.

Rethinking Copyright Harmonization, Clark Asay

Indiana Law Journal

For nearly half a century, the United States has been one of the main proponents of harmonizing the world’s copyright laws. To that end, the U.S. government has worked diligently to persuade (and, in some cases, bully) most of the world’s countries to adopt copyright standards that resemble those found in the United States. The primary reason for this push to harmonize the world’s copyright laws is simple: the United States has long been a net exporter of copyrighted works, and so the U.S. government has sought to ensure that other countries provide U.S. authors with the same economic rights …

Cyber Trespass And Property Concepts, Adam Macleod

IP Theory

No abstract provided.

Blockchain & Secured Transactions Proceedings Of The 2021 Spring Conference: The Impact Of Blockchain On The Practice Of Law: Presentation 4, Heather Hughes

Scholarly Articles in Law Reviews & Journals

Secured transactions are governed by Uniform Commercial Code Article 9. UCC Article 9 governs any extension of credit secured by personalty. If you think about it, this statute governs a massive swath of market activity: secured credit facilities, margin trading of securities, asset securitizations, and purchase money transactions for goods, I could name more. But it's a statute that's very wide ranging. Given this expansive scope, blockchain-based transaction platforms have numerous implications for lawyers who deal with secured transactions. In my brief time here, I'm going to identify just two of them.

Searching For Accountability Under Fisa: Internal Separation Of Powers And Surveillance Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Sharing Technology And Vaccine Doses To Address Global Vaccine Inequity And End The Covid-19 Pandemic, Matthew M. Kavanagh, Lawrence O. Gostin, Madhavi Sunder

Georgetown Law Faculty Publications and Other Works

Although COVID-19 cases are declining rapidly in the US, they have reached record highs in low- and middle-income countries (LMICs). The nucleus of the pandemic has shifted decidedly to the global south. The South-East Asia region and Latin America now represent 75% of global weekly deaths. On June 22, the Latin America region reported more than 1 million weekly new cases and 30 000 new deaths. Latin America has the highest deaths per capita, where deaths in countries such as Brazil, Argentina, Mexico, and Peru have reached 177 to 564 per hundred thousand. The Africa region has had increasing numbers …

Trust In And Ethical Design Of Carebots: The Case For Ethics Of Care, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

The paper has two main objectives: to examine the challenges arising from the use of carebots as well as to discuss how the design of carebots can deal with these challenges. First, it notes that the use of carebots to take care of the physical and mental health of the elderly, children and the disabled as well as to serve as assistive tools and social companions encounter a few main challenges. They relate to the extent of the care robots’ ability to care for humans, potential deception by robot morphology and communications, (over)reliance on or attachment to robots, and the …

Designing Effective Regulation For Blockchain-Based Markets, Heather Hughes

Scholarly Articles in Law Reviews & Journals

Effective regulation of blockchain-based markets calls for coordination among lawyers, businesses, coders, and lawmakers. How might we achieve adequate coordination and why is it important? This Article takes up these questions, using one example of an increasingly popular type of blockchain-based financial transaction: the issuance of tokens backed by off-chain assets. The objective here is not to advocate for a particular regulatory treatment for asset tokenization, but rather to use this deal type as a springboard to discuss what "effective regulation" means in the context of blockchain-enabled markets.

The Growth & Regulatory Challenges Of Decentralized Finance, Aaron J. Wright

Articles

The article explores the rapid growth and regulatory challenges of decentralized finance (DeFi), a blockchain-based sector that replaces traditional financial intermediaries with automated smart contracts. DeFi platforms, such as decentralized exchanges (DEXes) and lending protocols, offer financial services like trading, lending, and asset management without centralized control. While DeFi promises lower costs, greater accessibility, and financial inclusion, it also raises significant regulatory questions, particularly around compliance, liability, and oversight. The article highlights the tension between DeFi's decentralized nature and the need for legal frameworks to address risks such as fraud, market manipulation, and systemic instability.

Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch

Public Land & Resources Law Review

No abstract provided.

Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler

Public Land & Resources Law Review

No abstract provided.

Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo

Public Land & Resources Law Review

No abstract provided.

Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie

Public Land & Resources Law Review

No abstract provided.

The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz

Public Land & Resources Law Review

No abstract provided.