Science and Technology Law Commons^™

State Ai Therapy Regulations – Analyzing The Illinois Wellness And Oversight For Psychological Resources Act, Natalie Browne

SMU Science and Technology Law Review

According to the Harvard Business Review, the top use case for generative artificial intelligence (AI) in 2025 was therapy and companionship. Accordingly, numerous “therapy-specific” AI tools have hit the market in recent years, vying to fill this growing need. However, individuals are also turning to generic large language models (LLMs), such as ChatGPT, to express their deepest anxieties, seek reassurance, and gather advice. While tech optimists assert that AI therapy tools will extend mental health treatment in care deserts, attention-grabbing headlines about such use cases have shattered communities and shocked legislatures. To address growing concerns about AI therapy, Illinois enacted …

Beyond Hipaa: The Ftc’S Expanding Role In Digital Health Privacy Enforcement, Sandhya Srinivasa

SMU Science and Technology Law Review

Consumer digital health platforms have become an increasingly prominent feature of modern health care, collecting and storing sensitive health information directly from users. Yet most of these applications operate outside the scope of the Health Insurance Portability and Accountability Act (HIPAA), creating a significant regulatory gap in the protection of personal health data. This case note examines how the Federal Trade Commission (FTC) has stepped into that gap by leveraging Section 5 of the FTC Act and the Health Breach Notification Rule (HBNR) to police privacy and data security practices among non-HIPAA-covered digital health platforms. Focusing on three landmark enforcement …

Patenting Ai Discoveries In Life Sciences: Overcoming Eligibility, Disclosure, And Inventorship Challenges, Dhohyung Kim, Ryan P. Hiler

IP Theory

The pharmaceutical and biotechnology industries face transformative opportunities through artificial intelligence and machine learning integration. However, these technological advances create distinct patent law complications that traditional drug development does not encounter. This article analyzes three interconnected obstacles: establishing eligible subject matter under 35 U.S.C. § 101, meeting disclosure standards under § 112(a), and determining proper inventorship when AI systems contribute substantially to claimed inventions. Drawing from recent USPTO guidance and Federal Circuit precedent, this analysis offers evidence-based strategies for patent practitioners, research scientists, and business leaders seeking robust intellectual property protection for AI-integrated pharmaceutical innovations.

Ai Can't Adlib: Theorizing An Improvisation Carveout In The Work For Hire Doctrine, Audrey Pope

IP Theory

AI-generated actors and digital replicas are an increasingly pressing concern in the filmmaking industry. While this technology is only one of the myriad ways that generative AI is set to change Hollywood, debates about its use reflect a throughline in debates about AI generally: Can this technology do a convincing, much less desirable, job of what humans have done before? This Article argues that, at least in one particular context, the answer is no. It focuses on the art of adlibbing. It explains the unique position of improvisation within copyright law and proposes one mechanism—a carveout in the work for …

Recentering Creativity In Copyright Law Discourse, Joshua Yuvaraj

IP Theory

Copyright discourse often centers around creativity; as a rationale for copyright, and as a threshold for copyright to subsist in songs, books, art and other creative works. Yet creativity remains an ethereal concept: if we do not know what it means, we cannot evaluate whether copyright law is promoting it, nor can we properly understand what it means for a work to be "creative" where that is required for copyright to subsist. An emerging strand of copyright discourse seeks to respond by examining scientific insights into the cognitive process of creativity to highlight how copyright law should be reshaped to …

Regulating Drone Delivery Networks, Ramsay Eyre

Journal of Law and Mobility

For over a decade, drone delivery has been heralded as the next frontier of commercial transportation and logistics. However, drone delivery companies have been unable to scale their operations. Part of the problem, from the perspective of the companies invested in drone delivery, were federal regulations that in effect prohibited drones from making deliveries. In 2025, following years of effort by industry and allies in Congress to create new rules governing drones, the second Trump Administration proposed a new set of drone regulations pursuant to the FAA Reauthorization Act of 2024. These rules are intended to significantly expand the number …

The New Legal Tender Debate: Surveying State-Level Attempts To Regulate Central Bank Digital Currencies, Jacob Gerszten

Michigan Technology Law Review

This Note explores the growing wave of state-level legislation aimed at regulating Central Bank Digital Currencies (CBDCs). CBDCs, digital forms of central bank-issued money, have sparked intense political debates between proponents who see them as the logical next development in monetary technology and critics who perceive them as threats to privacy and financial system stability. Although a widely available CBDC appears unlikely without Congressional authorization, sixteen states have enacted laws designed to preempt its development, with more statutes likely to follow. These state statutes employ various legal mechanisms, including redefining terms in the Uniform Commercial Code, prohibiting CBDC-related payments to …

The Hard Law-Soft Law Nexus: Autonomous Vehicles As A Case Study, Gary Marchant, Chase Martins, Vrinda Gupta

Journal of Law and Mobility

The technology governance debate often focuses on the dichotomy of hard law versus soft law as competing models. Both hard law and soft law have their strengths and weaknesses. But framing soft law versus hard law as a dichotomous choice is often unrealistic—every technology will be governed by a mix of hard law and soft law. So, the more realistic questions are where hard law works best and where soft law succeeds, and how these two types of governance interact and integrate. After reviewing the strengths and weaknesses of hard law and soft law, this Article identifies six different hybrid …

Contracting For Innovation In The Global South: Empirical Evidence From Brazil, Pablo Marcello Baquero

FIU Law Review

As innovation cycles accelerate, companies seeking to remain at the forefront of the knowledge economy increasingly partner with sophisticated firms to co-create innovation. These collaborations involving pervasive uncertainty are structured through hybrid contractual arrangements that combine features of market-based independence with those of the close coordination typical of the firm. To date, contracting for innovation has been examined primarily in the context of the Global North. In the United States, the literature has focused on the governance mechanisms that parties employ to continuously define their obligations and mitigate opportunism amid profound uncertainty. In Europe, scholarship on contractual networks or organizational …

The Deepfake Dilemma: Fake Images, Real Victims, And The Legal Void In Addressing Non-Consensual Deepfake Pornography, Elizabeth A. Safaryn

William & Mary Journal of Race, Gender, and Social Justice

This Note evaluates the various legal remedies available to victims of non-consensual deepfake pornography. As deepfakes are a relatively new but rapidly advancing technology, it is difficult for the law to keep up with the mass creation and distribution of AI-generated images on the Internet. With the competing interest of constitutionally protected speech, current deepfake laws fail to address non-consensual intimate image sharing (NCII) explicitly and lack the necessary deterrent effect to curb their proliferation. With an initial background on deepfakes and machine learning, this Note then explores the strained relationship between the First Amendment and the available civil remedies …

Striving To Thrive: Balancing Digital Health Innovation And Patient Protection Under Thailand’S Legal Framework, Thidarat Liamsomboon

Theses and Dissertations

The digitalization of health care has fundamentally transformed how health care services are accessed, delivered, and experienced worldwide. Telemedicine, artificial intelligence–assisted diagnostics, electronic health records, wearables, and mobile health applications are no longer novelties, but have become a substantial part of a modern clinical practice. Although these technologies offer great prospects for making health care more accessible, reducing administrative burden, and improving the quality of care, they also pose significant legal and regulatory challenges. The rate of technological development has far outpaced Thailand’s existing legal frameworks for regulating medical practice, professional accountability, and patient protection. This regulatory “lag” has generated …

Accounting For Spatial Effects And Social Norms In Making Algorithmic Law: Insights From And Applications In Urban Mobility, Jingkang Gao

Journal of Law and Mobility

This Article examines a prominent idea in the law and technology literature: that algorithms and big data can be used to make law dynamic and personalized. As currently envisioned by legal scholars, “algorithmic law” entails laws that adjust in real time to changing conditions and vary across individuals, improving welfare by tailoring legal rules and standards to personal characteristics.

This Article argues that this vision of algorithmic law is incomplete—and often counterproductive. Existing proposals treat personalization as a function of individual attributes alone, overlooking the fact that effects of individual behavior are fundamentally interactive. Individual behavior is shaped by spatial …

Richmond Electronic Monitoring: The City Sees You While You're Sleeping, Fakira D. Johnson

Law Student Publications

The United States has increasingly recognized its reputation as a prison state, with widespread acknowledgment of its high incarceration rates. As of 2021, the United States imprisoned one out of every five prisoners in the world. Additionally, of its own population, the United States imprisoned one out of every one hundred people.

In response to this notoriety, worsening prison overcrowding, and the heightened risks posed by the COVID-19 pandemic, all fifty states, the District of Columbia, and the federal government increased their utilization of alternative measures to traditional incarceration. As both an addition and an alternative to traditional incarceration, criminal …

The Obverse-Turing Test: Rethinking Authorship, Trust, And Time In An Accelerated Age, Michael J. Miller, Chatgpt (Ai~Nesbo+)

Psychology

In this paper, we propose a new test for scientific accountability in the era of artificial intelligence: the Obverse Turing Test for Authorship. While the traditional Turing test focuses on a machine's ability to mimic human intelligence, our test addresses the question: when should a scientific contribution involving artificial intelligence be attributed joint authorship? We argue that more and more authors are using AI in the idea generation and elaboration stages of their work, but rarely acknowledge this use explicitly. To examine this gap, we analyze examples of human–AI interactions across fields and propose a new approach to authorship based …

Hacking With Uncle Sam: Imagining A Public-Private Partnership For Active Cyber Defense, Jonathan Coleman

Catholic University Journal of Law and Technology

Federal law makes no distinction between "good" and "bad" hackers—the Computer Fraud and Abuse Act criminalizes hacking by a private citizen in any form. While an anti-hacking statute is necessary to deter and punish cybercrime, the current law prohibits private entities from "hacking back" or, more precisely, from engaging in active defensive measures in response to a cyberattack. If these measures were legalized, they could allow private entities to assist law enforcement and reduce the financial and reputational costs of a cyber incident. Absent a change in the law, private entities are dependent on law enforcement to provide active cyber …

How To Apply Hertz Corp. V. Friend In The Age Of Remote Work, John Andrikos

Catholic University Journal of Law and Technology

The widespread adoption of remote work in the United States has strained the workability of the nerve center test of Hertz Corp. v. Friend. This comment analyzes how federal courts have applied the nerve center test to fact patterns involving partially or fully remote corporations. Further, it proposes a novel solution to this jurisdictional problem: the Key Person Test.

Inconsistencies At The International Trade Commission And The United States Federal District Courts, Christine Dedoulis

Catholic University Journal of Law and Technology

This article will analyze Section 337 of the Tariff Act of 1930, under which the International Trade Commission (Commission) conducts unfair import investigations, as it applies to patent infringement cases. Further, this article will explore different outcomes regarding parallel litigation at the Commission and District Courts, including what remedies are available and the effect of duplicative and inconsistent determinations on the patentee. In light of these comparisons, this article will provide suggestions on how to minimize inconsistencies between the Commission and District Courts, with particular emphasis on determining if some middle ground exists and if a classification system could be …

Hidden In Code: Unmasking Al Bias In Hiring, Katie Rubin

Cardozo Journal of Equal Rights & Social Justice

The note argues that while AI-driven hiring tools offer efficiency, they often automate and amplify systemic biases by relying on flawed historical data, creating a "hidden" form of discrimination. The analysis asserts that existing legal frameworks are inadequate for addressing these algorithmic harms, necessitating urgent federal reforms to ensure transparency and accountability.

#Influencerinfractions: How Influencers Comply (Or Don’T) With Ftc Guidelines, Christopher Terry, Emma Troha, Anastasia Micich, Cecilia Lausten

Journal of Law, Technology, & the Internet

The Federal Trade Commission (FTC) released endorsement guidelines of sponsored content in 2023, including stipulations of clear and conspicuous disclosure, to combat content disguised as original, while actually having commercial intent. This paper examines compliance with these guidelines among travel influencers on Instagram. Overwhelmingly, influencers are not properly disclosing potential commercial sponsorship in their posts, and even good faith attempts to disclose are more often than not non-compliant with the FTC’s guidelines. Implications of these findings are discussed.

Law Librarianship And Legal Information Science In The Age Of Genai, Paul D. Callister

Faculty Works

This article examines the relationship between law librarianship and legal information science in the age of generative AI (GenAI), arguing that closer integration between the two is essential to navigating a rapidly evolving legal information landscape. It contends that law librarianship—long grounded in stable classification systems and cognitive authority—must adopt the analytical methods of legal information science to remain effective in the digital era. Together, these fields can reinforce the rule of law by improving the organization, retrieval, and stability of legal information. The article identifies emerging subfields of legal information science that support this integration and develops several concepts …