Science and Technology Law Commons^™

Either The Law Will Govern Ai, Or Ai Will Govern The Law, Margaret Hu

Popular Media

No abstract provided.

The Philosophy Of Ai: Learning From History, Shaping Our Future. Hearing Before The Committee On Homeland Security And Government Affairs, Senate, One Hundred Eighteenth Congress, First Session., Margaret Hu

Congressional Testimony

No abstract provided.

Biden's Executive Order Puts Civil Rights Rights In The Middle Of The Ai Regulation Discussion, Margaret Hu

Popular Media

No abstract provided.

The Impact Of Generative Ai In The Financial Sector [El Impacto De La Inteligencia Artificial Generativa En El Sector Financiero], Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

No abstract provided.

The First Byte Rule: A Proposal For Liability Of Artificial Intelligences, Hilyard Nichols

William & Mary Business Law Review

Artificial Intelligences (AIs) are a relatively new addition to human civilization. From delivery robots to board game champions, researchers and businesses have found a variety of ways to apply this new technology. As it continues to grow and become more prevalent, though, so do its interactions with society at large. This will create benefits for people, through cheaper or better products and services. It also has the possibility to create harm. AIs are not perfect, and as the range of AI uses grows, so will the range of potential harms. A mistake from an AI customer service bot could fraudulently …

Caging The Bored Ape: How The Ftc's Expanded Anti-Monopoly Authority Can Tame "Nfts" For Web 3.0, J. Scott Colesanti

William & Mary Business Law Review

Non-Fungible Tokens, or “NFTs,” ballooned into a 40-billion-dollar industry in under a decade. Their creators include artists, corporations, entrepreneurs, fraudsters—and even Donald Trump. While NFT owners and traders could be any of us, the parties running the marketplaces are hidden. NFT regulators have yet to be identified. Most alarmingly, the dominant NFT marketplaces are dangerously centralized. Accordingly, the publicized tales of exorbitant or manipulated NFT prices and frequent related scams abound. Meanwhile cryptocurrency—the technology enabling the life of an NFT—remains beset with, at best, theoretical models for effective regulation a full generation after its emergence.

To propose a rational start …

The Federal Circuit’S Experimental Prism, Jeremy W. Bock

Fordham Law Review

Whether the U.S. Court of Appeals for the Federal Circuit is succeeding in its role as the steward of decisional patent law has been the subject of considerable debate and many empirical studies for the past forty years. Based on these studies, some observers have expressed skepticism of the utility of that court’s exclusive, nationwide jurisdiction over patent appeals. But the substantial body of empirical literature on the Federal Circuit has been viewed largely from a single vantage point, one that attributes any negative or undesirable outcomes to the court’s specialization. This Article argues that there is another way to …

Governance With And Of Ai: The Role Of Ethics, Equity, And Trustworthiness, Nydia Remolina Leon, Cigdem Gurgur, Mustafa Ozbilgin, Jeannie Paterson

Research Collection Yong Pung How School Of Law

This blog from the Area 4 Committee (Focus on Ethics, Equity & Trustworthiness) working across the Data for Policy Conference and Data & Policy journal discusses the lines of inquiry related to the question of how AI and data systems can improve governance and invites contributions by the 27th November deadline of the 2024 Conference.

Measuring Follow-On Innovation, Janet Freilich, Sepehr Shahshahani

Faculty Scholarship

How patents affect follow-on innovation is a key question for the patent system. We disaggregate follow-on innovation into activities that infringe patents and others that do not infringe but can be indirectly affected by patents. Replicating an important study using our disaggregated measure, we find that 87 percent of follow-on scientific publications describing patented genes do not constitute patent infringement. Supplementing our empirical strategy with data on patent expiration dates, we find that gene patents which are not close to expiration cause an increase in noninfringing follow-on research, but the effect disappears for patents close to expiration. Our nuanced measure …

Deplatforming, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

Deplatforming in the technology sector is hotly debated, and at times may even seem unprecedented. In recent years, scholars, commentators, jurists, and lawmakers have focused on the possibility of treating social-media platforms as common carriers or public utilities, implying that the imposition of a duty to serve the public would restrict them from deplatforming individuals and content.

But, in American law, the duty to serve all comers was never absolute. In fact, the question of whether and how to deplatform-—to exclude content, individuals, or businesses from critical services—- has been commonly and regularly debated throughout American history. In the common …

Regulation Priorities For Artificial Intelligence Foundation Models, Matthew R. Gaske

Vanderbilt Journal of Entertainment & Technology Law

This Article responds to the call in technology law literature for high-level frameworks to guide regulation of the development and use of Artificial Intelligence (AI) technologies. Accordingly, it adapts a generalized form of the fintech Innovation Trilemma framework to argue that a regulatory scheme can prioritize only two of three aims when considering AI oversight: (1) promoting innovation, (2) mitigating systemic risk, and (3) providing clear regulatory requirements. Specifically, this Article expressly connects legal scholarship to research in other fields focusing on foundation model AI systems and explores this kind of system’s implications for regulation priorities from the geopolitical and …

The Ideal Approach To Artificial Intelligence Legislation: A Combination Of The United States And European Union, Dane Chapman

University of Miami Law Review

The evolution of Artificial Intelligence (“A.I.”) from a speculative concept depicted in science fiction to its integration into various aspects of everyday life has brought about complex challenges for contemporary legislators. The proliferation of A.I. technology has led to a growing recognition of the need for regulation, as it poses both promises and threats to society. On the one hand, A.I. has the potential to enhance efficiency in various fields, such as medicine and automation of routine tasks. On the other hand, if left unregulated, A.I. has the potential to undermine democratic principles and infringe upon fundamental rights. Thus, legislators …

Full Issue: Fall 2023

DePaul Magazine

In DePaul Magazine's fall 2023, President Robert L. Manuel unveils his Designing DePaul road map to position the university for monumental impact. We also highlight an innovative program that merges law and tech, an initiative centering humanities in collaborative, community-based interactions, and the ascendance of soprano Janai Brugger (SOM '05) on the international opera stage.

Link Tank

DePaul Magazine

A new JD certificate program in information technology, cybersecurity and data privacy provides DePaul University students with proficiency in both law and tech.

Leveraging Technology To Promote Access To Justice, Amy Emerson

Faculty Publications

No abstract provided.

Transcript: The Future Of Ivf Post Dobbs, Rebecca Feinberg

Journal of Law and Health

The following is a transcription from The Healthcare and Privacy Law Consequences Following Dobbs presented at Cleveland State University College of Law by The Journal of Law & Health on February 17, 2023. This transcript has been lightly edited for clarity and to reflect updates in the relevant law since the time of transcription.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Enhancing Efficiency And Accessibility For Federal Trademark Protection: Leveraging Blockchain Technology For Prosecution, Maintenance, And Enforcement Processes., Julia Ashley-Burd Mainini

Featured Student Work

This paper conducts an analysis of the intersection between Blockchain Technology and Intellectual Property Law, with a specific focus on Trademark Law in the United States. It explores the potential utilization of Blockchain Technology to enhance the efficiency and accessibility of prosecution, maintenance, and enforcement processes for attorneys, applicants, and registrants. Additionally, the paper examines areas within the Lanham Act that could benefit from updates to promote the adoption of Blockchain Technology in trademark-related procedures.

Direct To Consumer Or Direct To All: Home Dna Tests And Lack Of Privacy Regulations In The United States, Karen J. Kukla

IP Theory

Although the U.S. has some measures of privacy protection for genetic data, the lack of a comprehensive approach to protecting direct-to-consumer genetic testing results in privacy violations for both consumers and their relatives. This essay explores the critical need for the U.S. government to address these privacy violations and argues that the U.S. should approach the problem and strategize a solution similar to the European Union’s (EU) General Data Protection Regulation (GDPR). Part I identifies current United States law, both federal and state regulations that address DTC-GT and genetic privacy. Part II examines the lack of regulation surrounding current DTC-GT …

A Closer Look At The "Eye" Test: The British Influence On Early American Design Patent Infringement Law, Mark D. Janis

IP Theory

The Supreme Court has asserted that “[t]he Patent Clause in our Constitution ‘was written against the backdrop’ of the English system.” That notion has a long lineage. In 1818, the author of an anonymous “Note on the Patent Laws,” widely assumed to be Justice Story, claimed that “[t]he patent acts of the United States are, in a great degree, founded on the principles and usages which have grown out of the English statute on the same subject.”

But these generalizations significantly overstate—and oversimplify—the influence of British law on the nascent American jurisprudence of patents. Early American jurists felt no reluctance …

What's Not Natural Phenomena? Let's Consider A Three-Step Innovative Concept Test For Composition Of Matter Claims, Sydney Hancock

IP Theory

Biotechnology innovation is rapidly growing, especially in the realm of biotech. This growth leads to questions about patent subject matter eligibility of natural phenomena. For example, currently the human genome and microbiome are being extensively studied, bacteriophages are being edited, animals are being cloned, and CRISPR is widespread. Additionally, composition of matter patent claims give the most protection to patent holders. Therefore, knowing when a natural phenomenon veers into human innovation is important for courts, lawyers, and innovators in the era of biotechnology and genetic engineering.

Part I discusses the history of Supreme Court cases on natural phenomena subject matter …

Taxation Of Intellectual Property Litigation, Chitra A. Ram

IP Theory

In the field of intellectual property law, few attorneys consider the tax implications of legal proceedings prior to undertaking litigation. In studying the interdisciplinary space between intellectual property law, litigation, and taxation practices, this Article hopes to further expand existing research on the scope and incentives behind intellectual property protection in the United States, the policies underlying the system of federal income taxation adopted by the United States, and the precedents upheld by courts in deciding matters at the nexus of intellectual property litigation costs, expenses, and taxation.

Stay Out Of My Head: Neurodata, Privacy, And The First Amendment, Wayne Unger

Washington and Lee Law Review

The once science-fictional idea of mind-reading is within reach as advancements in brain-computer interfaces, coupled with advanced artificial intelligence, produce neurodata—the collection of substantive thoughts as storable and processable data. But government access to individuals’ neurodata threatens personal autonomy and the right to privacy. While the Fourth Amendment is traditionally considered the source of privacy protections against government intrusion, the First Amendment provides more robust protections with respect to whether governments can access one’s substantive ideas, thoughts, and beliefs. However, many theorists assert that the concept of privacy conflicts with the First Amendment because privacy restricts the flow of information …

Wrong Search At The Wrong Time: Keyword Search Warrants And The Fourth Amendment, Nicole Chan

Cardozo Law Review

On August 5, 2020, five members of a family were killed when their house was set ablaze. Kevin Bui admitted to investigators that he and two other teens burned the house down after his iPhone had been stolen. He used the Find My application and located his phone at the Green Valley Ranch home. It was not until the next day while reading the news about the arson that he realized he had targeted the wrong residence.

Juvenile Genetic Privacy In New York: Dna Collection And Maintenance Post-Francis O., Cassidy Moon

Cardozo Journal of Equal Rights & Social Justice

The note argues that the compulsory collection and indefinite maintenance of juvenile forensic DNA profiles violate the Fourth Amendment's protection against unreasonable searches and seizures. It asserts that such practices are particularly problematic for minors due to their heightened privacy interests, the low recidivism rates among juveniles, and the contradiction with the juvenile justice system's focus on rehabilitation and confidentiality. The note advocates for legislative reforms, such as New York Senate Bills 998 and 3104, to address these issues and protect juveniles' privacy rights.

Opinion: How Software Stifles Competition And Innovation, James Bessen

Faculty Scholarship

Innovation is not what it used to be, and software is part of the reason. In many industries—industries well beyond Big Tech—dominant firms have built large software-based platforms delivering important consumer benefits, but these platforms also slow the rise of innovative rivals, including productive startups.5 Because access to these platforms is limited, competition has been constrained, creating a troubling market dynamic that slows economic growth.

Adjudicating Algorithms: Accountability In Regulation Of Surveillance, Privacy, And Discrimination, Peter Margulies

Cardozo Law Review

The movement for accountable algorithms has attained critical mass. That momentum includes a range of areas where the collection of data plays a key role, including privacy, online disinformation, surveillance, and screening for credit, housing, employment, and government benefits. For example, the White House has released an Artificial Intelligence (AI) Bill of Rights that outlines standards and recourse for a host of AI applications that touch human needs and endeavors. Assessments, disclosure, and procedures for filing complaints about abuse are frequent features in this turn toward accountability. However, at least in the United States, accountability is still a set of …

Toward National Regulation Of Legal Technology: A Path Forward For Access To Justice, Drew Simshaw

Fordham Law Review

Legal technology can help close the access-to-justice gap by increasing efficiency, democratizing access to information, and helping consumers solve their own legal problems or connecting them with lawyers who can. But, without proper design, technology can also consolidate power, automate bias, and magnify inequality. The state-by-state regulation of legal services has not adapted to this emerging technology-driven landscape that is continually being reshaped by artificial intelligence–driven tools like ChatGPT. Confusion abounds concerning whether use of these technologies amounts to unauthorized practice of law, leads to discrimination, adequately protects client data, violates the duty of technological competence, or requires prohibited cross-industry …

The Eyes Beyond The Screen: Digital Media Policy And Child Health, Yahia Al-Qudah

Research Symposium

Background: Modern communication technology and digital media have provided society with a foundation for instant messaging. Pictures, videos, and texts connect individuals with families, friends, and the world. Consequently, digital media has accelerated exposure to risk in which children and adolescents are most vulnerable. This project’s objective is to 1) congregate and highlight current knowledge about the impact of digital media on child health, and 2) underline deficiencies in related laws and regulations as well as offer solutions in digital media policy.

Methods: A systematic literature review was conducted through the JAMA Pediatrics database with keywords such as “digital media,” …

Legalbench: A Collaboratively Built Benchmark For Measuring Legal Reasoning In Large Language Models, Neel Guha, Julian Nyarko, Daniel E. Ho, Christopher Ré, Adam Chilton, Aditya Narayana, Alex Chohlas-Wood, Austin Peters, Brandon Waldon, Daniel Rockmore, Diego A. Zambrano, Dmitry Talisman, Enam Hoque, Faiz Surani, Frank Fagan, Galit Sarfaty, Gregory M. Dickinson, Haggai Porat, Jason Hegland, Jessica Wu, Joe Nudell, Joel Niklaus, John Nay, Jonathan H. Choi, Kevin Tobia, Margaret Hagan, Megan Ma, Michael A. Livermore, Nikon Rasumov-Rahe, Nils Holzenberger, Noam Kolt, Peter Henderson, Sean Rehaag, Sharad Goel, Shang Gao, Spencer Williams, Sunny Gandhi, Tom Zur, Varun Iyer, Zehua Li

All Papers

The advent of large language models (LLMs) and their adoption by the legal community has given rise to the question: what types of legal reasoning can LLMs perform? To enable greater study of this question, we present LegalBench: a collaboratively constructed legal reasoning benchmark consisting of 162 tasks covering six different types of legal reasoning. LegalBench was built through an interdisciplinary process, in which we collected tasks designed and hand-crafted by legal professionals. Because these subject matter experts took a leading role in construction, tasks either measure legal reasoning capabilities that are practically useful, or measure reasoning skills that lawyers …