Science and Technology Law Commons^™

Law, Artificial Intelligence, And Natural Language Processing: A Funny Thing Happened On The Way To My Search Results, Paul D. Callister

Faculty Works

Renowned legal educator Roscoe Pound stated, “Law must be stable and yet it cannot stand still.” Yet, as Susan Nevelow Mart has demonstrated in a seminal article that the different online research services (Westlaw, Lexis Advance, Fastcase, Google Scholar, Ravel and Casetext) produce significantly different results when researching case law. Furthermore, a recent study of 325 federal courts of appeals decisions, revealed that only 16% of the cases cited in appellate briefs make it into the courts’ opinions. This does not exactly inspire confidence in legal research or its tools to maintain stability of the law. As Robert Berring foresaw, …

Germany’S Digital Health Reforms In The Covid-19 Era: Lessons And Opportunities For Other Countries, Sara Gerke, Ariel D. Stern, Timo Minssen

Faculty Scholarly Works

Reimbursement is a key challenge for many new digital health solutions, whose importance and value have been highlighted and expanded by the current COVID-19 pandemic. Germany’s new Digital Healthcare Act (Digitale–Versorgung–Gesetz or DVG) entitles all individuals covered by statutory health insurance to reimbursement for certain digital health applications (i.e., insurers will pay for their use). Since Germany, like the United States (US), is a multi-payer health care system, the new Act provides a particularly interesting case study for US policymakers. We first provide an overview of the new German DVG and outline the landscape for reimbursement of digital health solutions …

Ai Entities As Ai Agents: Artificial Intelligence Liability And The Ai Respondeat Superior Analogy, Anat Lior

Mitchell Hamline Law Review

No abstract provided.

Autonomous Vehicles: Regulatory Challenges And The Response From Germany And Uk, Antonios E. Kouroutakis

Mitchell Hamline Law Review

No abstract provided.

Consent, Appropriation By Manipulation, And The 10-Year Challenge: How An Internet Meme Complicated Biometric Information Privacy, Michael J. Slobom

Mitchell Hamline Law Review

No abstract provided.

Immersive Virtual Reality: Minnesota Legislature’S Opportunity To Protect Children From Sexual Exploitation By Enacting A Well-Defined Criminal Statute, Justine Wagner

Mitchell Hamline Law Review

No abstract provided.

Climate Change Management In The Space Age, Paul B. Larsen

William & Mary Environmental Law and Policy Review

This Article is about how we can use space technology and regulation to help overcome adverse effects of climate change on Earth. It describes the growing use and importance of outer space technology for monitoring, understanding, and resolving the problems of climate change. It describes precedents for the current climate crisis, discusses relevant international space laws, and explains how they fit into the existing international laws on climate change. It emphasizes the oversight role of the United Nations (“U.N.”). It describes the heavy duties placed by current climate laws on the developed countries compared with the developing countries. It explains …

A Break From Reality: Modernizing Authentication Standards For Digital Video Evidence In The Era Of Deepfakes, John P. Lamonaga

American University Law Review

The legal standard for authenticating photographic and video evidence in court has remained largely static throughout the evolution of media technology in the twentieth century. The advent of “deepfakes,” or fake videos created using artificial intelligence programming, renders outdated many of the assumptions that the Federal Rules of Evidence are built upon.

Rule 901(b)(1) provides a means to authenticate evidence through the testimony of a “witness with knowledge.” Courts commonly admit photographic and video evidence by using the “fair and accurate portrayal” standard to meet this Rule’s intent. This standard sets an extremely low bar—the witness need only testify that …

Intergenerational Control: Why Genetic Modification Of Embryos Via Crispr-Cas9 Is Not A Fundamental Parental Right, Fernando Montoya

American University Law Review

No abstract provided.

Moderating Content Moderation: A Framework For Nonpartisanship In Online Governance, Edward Lee

American University Law Review

Internet platforms serve two important roles that often conflict. Facebook, Twitter, YouTube, and other internet platforms facilitate the unfettered exchange of free speech by millions of people, yet they also moderate or restrict the speech according to their “community standards,” such as prohibitions against hate speech and advocating violence, to provide a safe environment for their users. These dual roles give internet platforms unparalleled power over online speech—even more so than most governments. Yet, unlike government actors, internet platforms are not subject to checks and balances that courts or agencies must follow, such as promulgating well-defined procedural rules and affording …

How Can We End #Cancelculture—Tort Liability Or Thumper’S Rule?, Nanci K. Carr

Catholic University Journal of Law and Technology

In the Disney film Bambi, when the young rabbit Thumper says that Bambi “is kinda wobbly” and “doesn’t walk too good,” Thumper’s mother tells him “if you can’t say something nice, don’t say anything at all.” The Des Moines Register seems to have forgotten Thumper’s Rule when it uncovered Carson King’s teenage tweets and canceled the relationship he had built with Busch Light while raising $3 million for the Stead Family Children’s Hospital. #CancelCulture is a social media phenomenon, where some people use their voices to cancel the platform enjoyed by others. It is the 2019 equivalent of the …

The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland

Catholic University Journal of Law and Technology

Our nation’s infrastructure is under an emerging new threat: ransomware attacks. These attacks can cause anything from individual laptops, to entire cities to shut down for a period of time until the victim pays a ransom to the attacker. Unfortunately, these attacks are on the rise and the attackers have a new target: hospitals. Ransomware attacks on hospitals can temporarily shut down operating room technology and limit physician access to patient files, ultimately threatening the safety of hospital patients and the surrounding community. This paper examines how the threat of ransomware attacks on hospitals is on the rise and what …

Fossil Fortunes: Regulating Commercial Paleontology & Incentivizing Fossil Discovery, Ashlee A. Paxton-Turner

Law Faculty Publications

Imagine the earth millions of years ago, long before any human walked its surface. Maybe a Triceratops is off in the distance eating shrubs or hiding from the infamous Tyrannosaurus rex. Or a Tarbosaurus bataar is roaming what is now the Gobi Desert in search of its dinner. Fast forward several millennia. A man named Eric Prokopi roams the Gobi Desert. He finds and tries to sell the remains of a Tarbosaurus bataar, his discovery—and attempted sale—leaves journalists, lawyers, judges, and academics struggling to understand the illegal dinosaur fossil market. ...

Law Library Blog (January 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Are Data Privacy Laws Trade Barriers?, Margot Kaminski

Publications

No abstract provided.

Inflection Points In Technology Law: An Introduction To Volume 16, Issue 1, Bryan H. Choi, Guy Rub

Publications

No abstract provided.

The Erosion Of Publisher Liability In American Law, Section 230, And The Future Of Online Curation, Brent Skorup, Jennifer Huddleston

Oklahoma Law Review

No abstract provided.

Facebook And The Future Of Fair Housing Online, Jacob Parker Black

Oklahoma Law Review

No abstract provided.

There Oughta Be A Law: What Corporate Social Responsibility Can Teach Us About Consumer Contract Formation, Colin P. Marks

Faculty Works

This Article examines the American Law Institute’s Restatement of the Law of Consumer Contracts, with particular focus on Section 2 and its adoption of the rolling contract theory and notice-based assent to standard terms. Tracing the doctrinal roots of this approach to ProCD v. Zeidenberg and its progeny, the Article situates contemporary consumer contract formation within broader debates over assent, efficiency, and fairness in both offline and online transactions. Rather than engaging solely in doctrinal critique, the Article draws on corporate social responsibility (CSR) literature to argue that market forces alone are insufficient to regulate how businesses present standard terms …

Dealing With Disruption: Emerging Approaches To Fintech Regulation, Saule T. Omarova

Cornell Law Faculty Publications

“Fintech” refers to a variety of digital assets, technologies, and infrastructure that deal with the operation of today’s financial markets. The regulation of this presents both legal and regulatory challenges. This article examines the regulatory responses to fintech disruption; specifically, the “experimentation” approach, the “incorporation” approach, and the “accommodation” approach. These approaches provide a baseline for further discussion and policy analysis in response to “Fintech.”