Science and Technology Law Commons^™

Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files, John P. Lavelle

Public Land & Resources Law Review

The 200th anniversary of the foundational Indian law decision Johnson v. M’Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case’s notorious embrace of the so-called “doctrine of discovery,” an odious theory for rationalizing European nations’ claims of superior rights to lands occupied by Indigenous Native American peoples. Commanding less attention, however, is the Johnson decision’s core protective legal feature, i.e., its reinforcing the United States government’s duty to guard against the alienation of Indian lands through private, unauthorized acquisitions.

Indian Casinos Under The Big Sky: Why Tribes In Other States Have Been More Successful With Gaming And The Path Forward For Montana’S Tribes, Trevor Funseth

Public Land & Resources Law Review

The most successful method of economic development for many Indian tribes in the United States has been gaming. Tribes across the country have risen out of poverty through their casino operations and have been able to use the profits to diversify their investments and improve tribal infrastructure, education, and social programs.

Damned If You Do, Dammed If You Don’T: Solutions For The Snake River And The Nez Perce Tribe, Meridian S. Wappett

Public Land & Resources Law Review

No abstract provided.

Indian Water Rights Settlements And The Animas-La Plata Project: A Self-Fulfilling Prophecy Of Dependency, Sidney Paulina Williams

Public Land & Resources Law Review

No abstract provided.

Access To Algorithmic Justice Working Paper: Introducing The A2aj’S Canadian Legal Data: An Open-Source Alternative To Canlii For The Era Of Computational Law, Simon Wallace, Sean Rehaag

Commissioned Reports, Studies and Public Policy Documents

The Access to Algorithmic Justice project (A2AJ) is an open-source alternative to the Canadian Legal Information Institute (CanLII). At a moment when technology promises to enable new ways of working with law, CanLII is becoming an impediment to the free access of law and access to justice movements because it restricts bulk and programmatic access to Canadian legal data. This means that Canada is staring down a digital divide: wellresourced actors have the best new technological tools and, because CanLII has disclaimed leadership, the public only gets second-rate tools. This article puts CanLII in its larger historical context and shows …

Show Me The Money: Approaches To Anti-Money Laundering Compliance For Digital Assets, Mollie Rouan

Brooklyn Journal of Corporate, Financial & Commercial Law

The European Union’s Markets in Crypto-Assets Regulation (“MiCA”) created a harmonized framework to regulate digital asset issuance and services that were not already covered by existing regulations. Notably, MiCA requires virtual asset providers to adhere to the Financial Action Task Force Recommendation 16 (“FATF”), also known as the Travel Rule. Though the Travel Rule has existed for almost 20 years, its application to crypto asset transfers is entirely new. The purpose of the Travel Rule is to detect and prevent money laundering and terrorist financing, but its application to cryptocurrency wallet transactions is criticized for being overly burdensome and invasive …

Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi

Brooklyn Journal of Corporate, Financial & Commercial Law

Video games contain copyrighted material that could easily be infringed upon by people streaming a performance of them playing the game. However, the streamers can protect themselves from infringement liability by transforming the content in some form or fashion such that their performance constitutes “fair use” of the copyrighted material. This is often accomplished by the streamer providing commentary while playing the game or adding a small video of themselves in the corner of the stream so that the viewers can see the streamers’ reactions to the content. With artificial intelligence seeing exponential growth in the past couple of years …

Are Ai-Assisted Drug Technologies Addressing Or Aggravating The Opioid Crisis In The United States?, Abby O'Hern

West Virginia Law Review

The opioid crisis is a significant public health emergency, intensified by the rise of synthetic opioids such as fentanyl. Lawmakers have described fentanyl as “terroristic in nature” due to its often-fatal properties. According to the Center for Disease Control (“CDC”), an estimated 107,543 people died from drug overdoses in the United States in 2023. As fentanyl use has surged, it has increasingly shaped public health policy through harm reduction initiatives, expanded addiction treatment resources, and legislative reforms aimed at curbing overdose deaths. Artificial Intelligence (“AI”) now plays a dual role in this evolving crisis. While AI technologies offer valuable tools …

Crypto Regulation In The Time Of Trump, Lawrence J. Trautman

Michigan Technology Law Review

Donald Trump’s election as president during November 2024 results in perhaps the most dramatic philosophical change in approach to governmental regulation in over ninety years. The Great Depression of the 1930s created a need for regulatory reform and resulted in the advent of such new regulatory frameworks as the U.S. Securities and Exchange Commission (SEC). It has been the purpose of the SEC to create and nurture efficient securities markets enabling vibrant capital formation while preventing fraud upon the investing public. At issue is the contrast between the regulatory regime in place since 1933-34 and the Trump Administration’s desire to …

Bridging The Great Wall: China’S Evolving Cross-Border Data Flow Policies And Implications For Global Data Governance, Sheng Zhang, Henry S. Gao

Research Collection Yong Pung How School Of Law

Despite the rapid expansion of the digital economy, the global regulatory framework for data flows remains fragmented, with countries adopting divergent approaches shaped by their own regulatory priorities. As a key player in the Internet economy, China’s approach to cross-border data flows (CBDF) not only defines its domestic digital landscape but also influences emerging global norms. This paper takes a comprehensive view of the evolution of China’s CBDF regime, examining its development through both domestic and international lenses. Domestically, China’s regulation of CBDF has evolved from a security-first approach to one that seeks to balance security with economic development. This …

The Regulatory Challenges Raised By The Evolution From Open Banking To Banking-As-A-Service, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

In May 2024, a company in California suddenly made headlines across the financial press. Synapse Financial Technologies, once hailed as a pioneer in the next wave of financial innovation, filed for bankruptcy. The company had promised to revolutionize banking by providing “Banking-as-a-Service” (BaaS): an invisible layer of technology that allowed apps to plug directly into the financial system.

Inside Ai, Charles Duan

Contributions to Books

It is beautiful, the Mandelbrot set. In full, it resembles a horseshoe crab or a sideways Rorschach test, flecked with patterns of spikes and lobes. Zooming in at any point near its edge reveals infinite depths of swirls, reminiscent of Van Gogh’s Starry Night or an intricate paisley textile. The shape could easily hang on a wall, an example of fine abstract art. Yet the entirety of that shape can be computed by repeated application of a simple mathematical function:2 f(x) = x2 + c. Is all the beauty and complexity of the Mandelbrot set “inside” the symbols …

Stakeholder Views On Lessons Learned For The Antimicrobial Resistance Panel From Previous International Science Panels [Version 1], Iruka N. Okeke, Ayodele A. Akinyele, Javier Guzman, Kevin Outterson

Faculty Scholarship

The United Nations General Assembly called in September 2024 for the establishment of an independent panel for actionable evidence against antimicrobial resistance (IPEA). The task of designing the panel was given to the Quadripartite Joint Secretariat (QJS) on Antimicrobial Resistance (AMR) with a delivery timeline of 15 months. To promote stakeholder thought and input around what this panel should look like and how it should work, which could feed into the QJS’s consultation process, we independently commissioned seven papers to examine lessons that could be learned from other high-level scientific panels. We then called a convening of stakeholders that were …

Initial Coin Offerings As An Alternative Method For Raising Capital: Legal Considerations And Regulatory Solutions In Indonesia, Juwita Patty Pasaribu, Febby Mutiara Nelson, Topo Santoso, Fransiska Ari

Indonesia Law Review

Blockchain technology has been used in various sectors, notably in facilitating crypto asset transactions, specifically for processing an Initial Coin Offering (ICO) or token sales that were first introduced in 2013. In Indonesia, it can be observed that there are several legal issues in the execution that expose them to potential misuse in the ICO transaction, leading to criminal activities. Additionally, Indonesia was ranked as the second-highest country in the world to experience crypto asset fraud schemes in 2019. To address legal issues related to ICO, this study aims to provide a comprehensive legal assessment of ICO as a modern …

Optimizing The Role Of Notaries In Digital Property Inheritance: A Comparative Legal Analysis, Tjhong Sendrawan, Rosa Agustina, Edmon Makarim, Arman Nefi, Josephine Rus Indra Sapti Ipfelkofer

Indonesia Law Review

One of the provisions in inheritance laws regarding the transfer of digital property after someone's death is a relatively new and evolving area of legal consideration. Inheritance laws were developed long before the widespread adoption of digital property, such as cryptocurrencies, non-fungible tokens (NFTs), online accounts, and other forms of digital property. As a result, existing inheritance laws often lack clear guidance on how to control the legal transfer of these digital assets upon the owner's death. This article aims to analyze the legal concept of digital property to be inherited and to provide solutions for current digital property inheritance …

Uncovering The Ai-Copyright Trap, Carys Craig

Conference Papers

As AI tools proliferate, law and policy makers are being called upon to protect creators and the cultural industries from the extractive, exploitative, and even existential threats posed by generative AI. Professor Carys Craig warns that, in our haste to act, we risk running headlong into a copyright trap. In this presentation, Craig will explain what she means by the “AI copyright trap”, the routes by which it draws people in, and why it threatens to obstruct the path towards responsible and ethical AI. (Note: Presentation delivered online on August 26, 2025, as part of the AI Literacy Center's programming).

Praktik Ethical Hacking Untuk Menjamin Keamanan Sistem Sebagai Upaya Mewujudkan Keamanan Dan Kerahasiaan Data Pribadi: Studi Komparasi Pengaturan Indonesia Dan Kanada, Amaraduhita Laksmi Prabhaswari, Henny Marlyna, Ayu Galuh Anggraini

Technology and Economics Law Journal

In the digital era that is increasingly integrated with electronic systems and technology, issues related to the security and confidentiality of personal data have become a crucial issue, especially in the midst of the increasing number of cyber attacks. The urgency of this protection is increasingly urgent along with the complex use of technology by PSE, both public and private. The practice of ethical hacking by contract based or policy-based emerged as a proactive effort in identifying and addressing security gaps in a system. Although in Canada this practice has been recognized as part of national security policy (RVDP), Indonesia …

Tort Liability For Failure To Age Gate: A Promising Regulatory Response To Digital Public Health Hazards, Matthew B. Lawrence, Brett Frischmann, Avi Sholkoff

Faculty Publications

Tort liability for failure to “age gate” is a promising legal response to the public health hazards of AI, social media, sports gambling, and other digital spaces. Tort liability for failure to “age gate” hinges liability for harms to minors on an app’s failure to take reasonable steps to prevent minors from gaining access or otherwise to apply appropriate governance rules, such as privacy-protective default settings or ensuring genuine parental consent. While no one legal response is a panacea, tort liability for failure to age gate carries several distinctive advantages that make it a particularly promising option at this stage …

What 2 Profs Noticed As Transactional Law Students Used Ai, Celia Bigoness, David Reiss

Cornell Law Faculty Publications

We teach entrepreneurship law clinics in which our students do transactional work on a wide range of matters, including business formation, contracts, intellectual property protection and regulatory compliance.

This past semester, we had access to generative artificial intelligence tools from Lexis, Westlaw and Bloomberg Law, as well as those that are more broadly available to the general public, including ChatGPT and Perplexity.

While we have not done a rigorous study of these tools, we have some early observations about how AI is changing how transactional lawyers do their jobs, particularly new transactional lawyers. Our own experience has been mostly positive, …

Ai At Work, Algorithmic Bosses, And The Ambivalence Of Automation, Antonio Aloisi, Valerio De Stefano

All Papers

This chapter revisits a foundational question (“what do bosses do?”) to explore how artificial intelligence (AI) is reshaping power dynamics in the workplace. Far from neutral tools of optimisation, algorithmic systems increasingly amplify managerial prerogatives, embedding them into automated processes that are difficult to scrutinise or contest. These developments give rise to a paradox: managers and workers are simultaneously augmented and disempowered, caught in systems that intensify control while eroding autonomy. Drawing on legal, organisational, and regulatory perspectives, we argue that existing safeguards, ranging from data protection rights to information and consultation, are ill-equipped to confront this shift. The chapter …

The Patent Landscape Of Chagas Disease Vaccines Indicates Major Underinvestment In An Emerging Global Health Threat, Stanley Kowalski, Lily Widdup, Bradley Johnson

Law Faculty Scholarship

Considering the enormous human and economic toll Chagas disease inflicts, investment in R&D of medical innovations such as diagnostics, pharmaceuticals and vaccines remains disproportionately low.  The patent landscape of Chagas’ disease vaccine innovation corroborates this unfortunate trend: an alarming paucity of investment which confirms this disease as among the most neglected of the neglected diseases.  However, the article then articulates how patent information can also be viewed as a starting point, and indeed springboard, for international collaboration to accelerate vaccine development via a dynamic opening-innovation strategy.

August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

The August 2025 Annual Report documents the Perlmutter Center for Legal Justice’s work at Cardozo Law during Spring and Summer 2025, highlighting major legal victories, partnerships, student clinical programs, policy advocacy, community outreach, and staff achievements. Prepared for The Laura and Isaac Perlmutter Foundation, it details the Center’s efforts to address wrongful convictions, challenge flawed forensic science, expand pro bono collaborations, and advance criminal justice reform, while also providing staff updates, financial information, and program impact summaries.

The Use Of Ai In Canadian Courts, Shaughnessy Dow

Dalhousie Journal of Legal Studies

Like many other fields, there has been growing discussion about the potential benefits of AI for the law. In light of the Federal Court’s interim principles and guidelines on the use of AI, this paper considers whether AI applications can assist the judiciary with its decision-making function. In doing so, it starts by considering the role that judges play in our legal system, finding that they are often called upon to consider and weigh information with human, emotional qualities and to assess the broader policy implications of their legal rulings. This paper concludes that the optimism of proponents of AI …

A Framework For Interpreting Emojis In Legal Contexts, Anne Merritt

Dalhousie Journal of Legal Studies

In the 2023 case of South West Terminal Ltd. v. Achter Land & Cattle Ltd., a Saskatchewan court found that a thumbs-up emoji, as a standalone item of communication, constituted the acceptance of a contract between a buyer and seller. The trial judge noted that such communication was “the new reality in Canadian society” for which courts should be prepared to interpret novel units of language arising in the digital age. However, an analysis of recent Canadian cases involving emojis shows that courts have not been prepared, with inconsistencies in how emojis are represented in evidence, how they are …

From Code To Compliance: Regulating Daos In Canada: Legal Frameworks And Challenges, Gulnoza Abdurakmonova

Canadian Journal of Law and Technology

This paper examines the regulatory challenges surrounding Decentralised Autonomous Organizations (DAOs) in Canada and argues that existing legal frameworks— primarily designed for traditional corporate entities— are inadequate for addressing the unique characteristics of DAOs. While securities regulators have taken steps to oversee aspects of DAO activity, a broader regulatory framework is needed to provide legal clarity, address governance and liability concerns, and foster responsible innovation. This study recommends a dual approach: (1) extending corporate law reforms to define the legal status and obligations of DAOs, and (2) developing a regulatory framework that balances investor protection with the flexibility needed for …

Recommended For You Streaming Platform Recommendation Algorithms And Consumer Rights, Margaret Wilson

Canadian Journal of Law and Technology

Streaming platforms are becoming increasingly popular with consumers. In Canada, recent studies have suggested that 55% of Canadians use video streaming services, like Netflix, on a daily basis. Similarly, up to 30% stream audio content daily on platforms like Spotify.6 The federal government has recognized that the broadening use of these technologies creates new challenges for consumer privacy and has proposed updates to consumer privacy laws in Bill C-27. With the dissolution of the 44th Parliament on March 23, 2025, Bill C-27 died on the roll and will not be adopted. As proposed legislation, Bill C-27 signalled the direction of …

Navigating The Shadows: Evaluating Privacy Protections Against Dark Patterns, Matt Gaulton, Dominique Kelly, Dr. Jacquelyn Burkell

Canadian Journal of Law and Technology

Privacy dark patterns are user interface design strategies that manipulate individuals into disclosing personal information or consenting to data practices they may not fully understand or intend. This paper critically evaluates the effectiveness of Canadian, American, and European privacy frameworks — specifically, the Personal Information Protection and Electronic Documents Act (PIPEDA), the California Consumer Privacy Act (CCPA), and the European Union’s General Data Protection Regulation (GDPR) — in addressing the regulatory challenges posed by privacy dark patterns. We argue that PIPEDA is significantly less equipped to counteract such manipulative practices, particularly in comparison to the GDPR and CCPA, due to …

Balancing The Use Of Ai With Canadian Privacy Rights: An Analysis Of Personal Information Collection Through Emerging Ai Tools, Tamie Dolny, Methura Sinnadurai

Canadian Journal of Law and Technology

Biometric information collection through artificial intelligence (AI) is a new, dynamic and exciting technology that also raises significant privacy law considerations for in house and governmental lawyers in Canada. While organizations may be quick to collect personal information using forms of AI technology, these entities should be aware of the legal risk posed by technologies which may violate the Freedom of Information and Protection of Privacy Act (FIPPA)1 and/or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),2 especially if users are unaware of, or have not consented to the use of their personal information by the AI …

Considering The Concept Of Law In The Legal Singularity, Matthew Tse

Canadian Journal of Law and Technology

This review article engages with the idea of a ‘‘legal singularity”, which has been developed by Abdi Aidid and Benjamin Alarie in their book, The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better.

The legal singularity describes a legal system in the future that harnesses algorithmic computation to facilitate a ‘‘stable and complete legal order, capable of addressing and resolving practically all types of legal uncertainty in real time and on demand”. Aidid and Alarie believe algorithmic computation will achieve this promise in an interdependent dual process. On one hand, algorithms will structure the law with conceptual standardization. …

Artificial Intelligence And The Law: A Discussion And Selections From The Collection, Wolf Law Library, William & Mary Law School

Library Book Displays

On display in the Wolf Law Library August 2025 - January 2026.