Disenchanting Consent,
2025
The Chinese University of Hong Kong
Disenchanting Consent, Ruifeng Song
SMU Science and Technology Law Review
Despite being criticized as a flawed mechanism for data protection, con- sent has witnessed a revival in the recent wave of state privacy statutes. One factor that contributed to the revival may be the widely held belief that con- sent constitutes the “cornerstone” of data privacy laws. This Article conducts a comparative historical survey to examine the validity of this belief. The findings are twofold. First, contrary to what many believe, consent has been playing a limited role in global data privacy laws. Second, consent is an inherently defective mechanism for data protection. Some of its problems have existed since …
Transportation Security Administration Use Of Facial Recognition Technology: Turbulence Surrounding Traveler Rights,
2025
Southern Methodist University, Dedman School of Law
Transportation Security Administration Use Of Facial Recognition Technology: Turbulence Surrounding Traveler Rights, Mckenly Redmon
SMU Science and Technology Law Review
Facial recognition technology has been employed by law enforcement agencies and private companies for decades. This technology promises safer and more efficient processes to identify individuals in the name of safety. However, not everyone approves of their biometric data being collected. This Article provides an overview of the current use of facial recognition technology by the Transportation Security Administration (TSA) in airport security checkpoints. It begins by explaining the underlying technology behind facial recognition and explores the safety and security concerns behind it. Building on this foundation, this Article then evaluates how the TSA’s use of facial recognition influences science …
The Sky’S Not The Limit: Navigating Starlink’S Impact On Global Connectivity And Regulation,
2025
Southern Methodist University, Dedman School of Law
The Sky’S Not The Limit: Navigating Starlink’S Impact On Global Connectivity And Regulation, Michael N. Hillebrand
SMU Science and Technology Law Review
This case note examines the governance implications arising from the onset of accelerated satellite internet expansion and explores potential regulatory solutions for effective governmental oversight. Due to the interconnected nature of the internet and its global network, international organizations and treaties play a crucial role in content and data regulation, and rapid technological evolution presents increasing difficulties for these regulatory frameworks to keep pace. These challenges are particularly evident in satellite-based broadband internet services, with SpaceX’s Starlink emerging as the most prominent and currently relevant service in this domain. Proponents of this technology emphasize its ability to provide internet access …
Debugging The Trademark Laws Part Ii: Criminal Penalties For Trafficking In Counterfeit Microelectronics,
2025
University of Maryland Carey School of Law
Debugging The Trademark Laws Part Ii: Criminal Penalties For Trafficking In Counterfeit Microelectronics, Patricia E. Campbell
SMU Science and Technology Law Review
Counterfeit microelectronics have been a persistent problem in government and industry supply chains for many years. Counterfeit electronic parts (e.g., integrated circuits, transistors, capacitors) pose serious risks to human health and safety, harm the economy, and jeopardize national security. Trafficking in counterfeit goods and services was first criminalized in 1984, and Congress has acted on several occasions to increase the corresponding penalties. Nevertheless, the trade in counterfeit microelectronics continues to evolve to meet market demands, and relatively few criminal cases have been brought for trafficking in counterfeit microelectronics. While several factors may contribute to this apparent lack of enforcement, the …
It Is Our Flaws That Make Us Humane: How Technology Ruined Judicial Craft,
2025
University of Copenhagen School of Law
It Is Our Flaws That Make Us Humane: How Technology Ruined Judicial Craft, Shai Dothan, Gregor Maučec
SMU Science and Technology Law Review
There is ample evidence that people are not completely rational. They suffer from a series of biases that limit their abilities to make the best decisions and to stick to them. Judges are a unique group of people. They go through many years of training that counter some of these biases, but not all of them. In fact, there is a whole field of research dedicated to predicting how judges, with their human flaws, are going to behave. But today, judges can use an increasing number of artificial intelligence (AI) tools to assist with their craft, particularly with research and …
Regulation To Reinforce The Evidentiary-Science Base Of U.S. Medicine In The Age Of "Omics",
2025
Louisiana State University Law Center
Regulation To Reinforce The Evidentiary-Science Base Of U.S. Medicine In The Age Of "Omics", Michael J. Malinowski
SMU Science and Technology Law Review
United States’ technology transfer law and policy (TTLP) integrates government, academia, and industry—a “triple-threat” research and development (R&D) methodology—and harnesses commercial incentives to stimulate market application of federal government-funded invention. TTLP, which has proven a potent catalyst for remarkably prolific biomedical R&D since Congress enacted its cornerstone legislation in 1980, is transforming U.S. medicine to molecular medicine—to personal genome medicine (PGM)—in real time. A genomics (gene function in the context of an organism’s entire genome, meaning its full set of genetic instructions) complement to the Human Genome Project (HGP) emerged in the 1990s. Genomics has given rise to a portfolio …
The Artificial Intelligence Trolley Problem: Governance In The Post-Chevron World,
2025
California Western School of Law
The Artificial Intelligence Trolley Problem: Governance In The Post-Chevron World, James M. Cooper, Kashyap Kompella
SMU Science and Technology Law Review
This Essay addresses a growing Constitutional challenge in public governance: the increasing delegation of consequential decisions to algorithmic systems that encode value trade-offs between liberty and security, equity and efficiency, and expression and control, without visibility, legal justification, or institutional oversight. We view this hidden normative choice an example of the “Artificial Intelligence (AI) Trolley Problem.” Like the classic moral dilemma, it involves unavoidable sacrifices among competing goods. Unlike its philosophical counterpart, however, algorithmic trade-offs occur silently. They are embedded in data proxies, optimization logic, and model design, and insulated from scrutiny by claims of technical neutrality. This Essay argues …
Top Ten Biotechnology Patent Cases Of 2024: Loper Bright, Federal Circuit Turmoil, Patent Term Adjustment, And Naturally Occurring Nucleic Acids,
2025
McDonnell Boehnen Hulbert & Berghoff LLP
Top Ten Biotechnology Patent Cases Of 2024: Loper Bright, Federal Circuit Turmoil, Patent Term Adjustment, And Naturally Occurring Nucleic Acids, Kevin E. Noonan, Andrew W. Torrance
SMU Science and Technology Law Review
A pivotal year for biotechnology patent law, 2024 was marked by consequential court rulings and evolving legal frameworks. This article surveys the ten most significant judicial decisions impacting biotech patents, highlighting major themes and trends in policy, litigation, and regulation. Courts at all levels grappled with core patentability requirements in the life sciences, from the Supreme Court’s continued laissez-faire stance on subject-matter eligibility to the Federal Circuit’s stringent enforcement of disclosure sufficiency rules.
Should Copyright Protect Racist Works? A Review Of Intellectual Property And Immorality: Against Protecting Harmful Creations Of The Mind By Ned Snow,
2025
IIT Chicago-Kent College of Law
Should Copyright Protect Racist Works? A Review Of Intellectual Property And Immorality: Against Protecting Harmful Creations Of The Mind By Ned Snow, Cathay Smith
Texas A&M Journal of Property Law
This Essay reviews Ned Snow’s provocative book, Intellectual Property and Immorality: Against Protecting Harmful Creations of the Mind, and critically examines the intersection of copyright law and morality. It explores the ethical dimensions of copyright protection and examines whether works which fail to advance societal progress, as defined by Snow, should be ineligible for copyright. Drawing parallels between pornography and offensive and racially insensitive classic children’s literature and films, this Essay considers the broader implications of denying copyright to immoral works, including the potential for increased dissemination of harmful content, the challenge of aligning copyright with evolving moral standards, …
Incentivizing Bad Behavior Through Copyright,
2025
University of South Carolina
Incentivizing Bad Behavior Through Copyright, Ned Snow
Texas A&M Journal of Property Law
This Essay comes in response to the comments of Professors Margaret Chon, Cathay Smith, and David Taylor as part of the Texas A&M Journal of Property Law’s Symposium featuring a discussion on my book Intellectual Property and Immorality: Against Protecting Harmful Creations of the Mind. In this Essay, I argue that the law should refrain from copyrighting pornographic content. This conclusion is based on a factual assumption and a moral principle. The factual assumption is that pornographic content is harmful to society. The moral principle is that applying law to incentivize harmful conduct undermines the effectiveness of law. My argument, …
Color Inside The Lines: Achieving Pharmaceutical Deal Certainty When The Courts Keep Redrawing The Ip Lines,
2025
Notre Dame Law School
Color Inside The Lines: Achieving Pharmaceutical Deal Certainty When The Courts Keep Redrawing The Ip Lines, James Farrington
Texas A&M Journal of Property Law
In The Genome Defense, Jorge Contreras vividly describes the story of how gene patents were challenged in Association for Molecular Pathology v. Myriad Genetics and the U.S. Supreme Court’s reversal of the USPTO’s long-standing practice of allowing patents on human genes. This Article examines how pharmaceutical companies navigate intellectual property challenges in the wake of the Myriad decision and other landmark cases that have redrawn the boundaries of patent-eligible subject matter. Drawing on the Author’s 35 years of experience in life science transactions, the Article analyzes three key strategies that pharmaceutical companies employ: (1) adapting their business and licensing …
From Myriad To Moderna: The Modern (Bio)Pharmaceutical Company,
2025
Villanova University School of Law
From Myriad To Moderna: The Modern (Bio)Pharmaceutical Company, Ana Santos Rutschman
Texas A&M Journal of Property Law
This Article examines the emergence of two modern pharmaceutical companies: Myriad and Moderna. After providing a brief background on each company, this Article contrasts them across the following areas: the technologies they have brought to market; their location; their start-up stages and the role that venture capital played in catalyzing their evolution from start-ups to large corporate structures; their relationships with other entities in the private sector, in academia and in the public sector; and their intellectual property and licensing strategies.
The Purpose Of Progress? A Response To Professor Ned Snow’S Intellectual Property And Immorality,
2025
Seattle University School of Law
The Purpose Of Progress? A Response To Professor Ned Snow’S Intellectual Property And Immorality, Margaret Chon
Texas A&M Journal of Property Law
In Intellectual Property and Immorality, Professor Snow fearlessly puts forth the proposition of morality in the consideration of IP’s social welfare goals. By doing so, he invites important conversations about the underlying purposes and values of an area of law that powerfully shapes our knowledge-based economies and societies. Towards this end, this Response has three propositions: (1) expansion of the foundational justifications for IP to include the key insights of human development (sometimes referred to as human flourishing) theory; (2) recognition not just of harms to individuals but also harms to communities and societies; and (3) imbuing of greater …
Front Matter,
2025
Southern Methodist University
Refereeing Nil Athlete Agents: Examining Equitable And Protective Measures For Ncaa Student-Athletes In A Post-Alston Environment,
2025
Washington and Lee University, School of Law
Refereeing Nil Athlete Agents: Examining Equitable And Protective Measures For Ncaa Student-Athletes In A Post-Alston Environment, Katherine A. Berman
Washington and Lee Journal of Civil Rights and Social Justice
This Note examines the challenges posed by the lack of regulation surrounding athlete agents involved in Name, Image, and Likeness (NIL) deals across the United States and their impact on collegiate student-athletes. Despite efforts from the NCAA and higher education institutions for federal NIL legislation and guidance, many proposed solutions face significant obstacles, including conflicts with state laws and partisan divisions. This Note traces the commercialization of student-athletes through the history of the NCAA, reviews key NIL cases, and analyzes current state and federal legislation focused on athlete representation. This Note also explores the emergence of NIL service providers, including …
Jerking The Rug Out From Under A Trade Secret Licensee: Is Transfer Of The Patent A Remedy?,
2025
Chicago-Kent College of Law
Jerking The Rug Out From Under A Trade Secret Licensee: Is Transfer Of The Patent A Remedy?, Henry H. Perritt Jr.
Michigan Technology Law Review
Predominantly state trade secret law and exclusively federal patent law enjoy a sometimes-uneasy coexistence. Inventions almost always are secret until and unless they are patented; publicizing them for too long will negate the availability of a patent. Misappropriation of trade secrets often is accompanied by application for a patent on the same subject matter. This commonly occurs when an employee gains access to his employer’s trade secrets, quits, and then applies for a patent on them in his own name, maybe after going to work for a competitor of the original employer. It is also conceivable that the owner of …
The Second Life Of Information,
2025
University of Florida Levin College of Law
The Second Life Of Information, Thomas D. Haley
UF Law Faculty Publications
Information permeates every aspect of modern life. It is the price we pay for access to online services and the form in which we embody creative works. Law and policymaking tend to focus on first-order uses and transactions; information for access serves as the paradigmatic example. But information enjoys a robust second life—one that constitutes the true value and power that drives firms’ decisionmaking—as assets. Once aggregated and assetized, the power and risk associated with information increases exponentially.
To explore the implications of information’s second life, this Article introduces the concept of “untethered information.” Assetization depends on severing the connections …
Artificial Intelligence And Intellectual Property, Part Iii: Ip Protection For Ai-Assisted Inventions And Creative Works,
2025
American University Washington College of Law
Artificial Intelligence And Intellectual Property, Part Iii: Ip Protection For Ai-Assisted Inventions And Creative Works, Joshua Landau
American University Business Law Review
Chairman Darrell Issa, Ranking Member Hank Johnson, distinguished members of the Subcommittee on Courts, Intellectual Property, and the Internet ("Subcommittee") of the Committee on the Judiciary ("Judiciary Committee"), on behalf of the Computer and Communications Industry Association (CCIA) and its members, thank you for this opportunity to share our views on intellectual property (IP) protection for artificial intelligence (AI)-assisted works and inventions.
Copyright, Creativity, And Skill: Authorship And Ai-Assisted Works,
2025
Campbell University School of Law
Copyright, Creativity, And Skill: Authorship And Ai-Assisted Works, Lucas S. Osborn
Scholarly Works
Generative artificial intelligence ("Al") has increasingly become a focal point in legal discussions, raising complex issues across multiple domains, including algorithmic bias, defamation, intellectual property, and privacy. This Article specifically examines the implications of Al-assisted works, with a focus on text-to-image generators, such as Midjourney, that possess the ability to create detailed visual art from simple text prompts. The tools are not, however, limited to simple prompts. Users retain the ability to introduce greater complexity by specifying a host of variables that define the resulting image. Al-assisted art implicates significant legal rights and responsibilities. As to responsibilities: Can the image …
“It Doesn’T Matter What Your Name Is:” The Case Against Corporate Ownership Of Persona Rights In Modern Professional Wrestling,
2025
Marquette University Law School
“It Doesn’T Matter What Your Name Is:” The Case Against Corporate Ownership Of Persona Rights In Modern Professional Wrestling, Calvin Holle
Marquette Sports Law Review
No abstract provided.
