Science and Technology Law Commons^™

No Good Deed Goes Unpunished: The Duties Held By Malware Researchers, Penetration Testers, And "White Hat" Hackers, Jon Watkins

Minnesota Journal of Law, Science & Technology

No abstract provided.

Looking Through The (Mis)Classifieds: Why Taskrabbit Is Better Suited Than Uber And Lyft To Succeed Against A Worker Misclassification Claim, Joseph W. Mchugh

Cleveland State Law Review

In the highly competitive gig-economy, companies are constantly trying to leverage whatever they can to gain a competitive advantage over competitors. One method of doing so is saving on employment costs by classifying workers as independent contractors. There are two ways to accomplish this: (1) structure the business as an internet-based marketplace or platform; or (2) structure the relationship between the business and the worker in a way that ensures the worker remains classified as an independent contractor under either the common law control test or the economic realities test. Both Uber and Lyft have faced accusations of intentionally misclassifying …

Watch Or Report? Livestream Or Help? Good Samaritan Laws Revisited: The Need To Create A Duty To Report, Patricia Grande Montana

Cleveland State Law Review

In July 2017, a group of five Florida teenagers taunted a drowning disabled man while filming his death on a cell phone. In the video, the teenagers laughed and shouted harsh statements like "ain’t nobody finna to help you, you dumb bitch." At the moment the man’s head sank under the water for the very last time, one of the teenagers remarked: "Oh, he just died" before laughter ensued. None of the teenagers helped the man, nor did any of them report the drowning or his death to the authorities.

Because the Good Samaritan law in Florida, like in most …

Biometric Data Collection In An Unprotected World: Exploring The Need For Federal Legislation Protecting Biometric Data, Carra Pope

Journal of Law and Policy

Currently, there are no federal statutes which protect or regulate the collection of biometric information. Because biometric identifiers cannot be changed if compromised, it is increasingly crucial that this data be protected by law. This note examines the barriers to federal legislation which would protect and regulate biometric data, as well as the steps that should be taken to enact federal biometric legislation in the future.

Crashed Software: Assessing Product Liability For Software Defects In Automated Vehicles, Sunghyo Kim

Duke Law & Technology Review

Automated vehicles will not only redefine the role of drivers, but also present new challenges in assessing product liability. In light of the increased risks of software defects in automated vehicles, this Note will review the current legal and regulatory framework related to product liability and assess the challenges in addressing on-board software defects and cybersecurity breaches from both the consumer and manufacturer perspective. While manufacturers are expected to assume more responsibility for accidents as vehicles become fully automated, it can be difficult to determine the scope of liability regarding unexpected software defects. On the other hand, consumers face new …

State Biotechnology Oversight: The Juncture Of Technology, Law, And Public Policy, Christine C. Vito Ph.D.

Maine Law Review

In a 1980 landmark decision, the Supreme Court of the United States ruled that genetically engineered lifeforms such as bacteria were patentable. The significance of this decision to the emerging biotechnology industry—an industry predicated on intellectual property rights—was incalculable. The characteristically research-intensive, capital-intensive biotechnology industry now had the economic incentive to push the technology of genetic engineering to previously unimagined extremes. The genetic engineering and recombinant DNA applications pursued by the biotechnology industry over the past ten years have engendered a spectrum of perplexing inquiries concerning ethical and moral values; agricultural, ecological and environmental matters; global competitiveness and economic priorities; …

Taking Ai Personally: How The E.U. Must Learn To Balance The Interests Of Personal Data Privacy & Artificial Intelligence, Humerick, Matthew

Santa Clara High Technology Law Journal

Taking AI Personally: How the E.U. Must Learn to Balance the Interests of Personal Data Privacy & Artificial Intelligence

The Contract Exception To The Uniform Trade Secrets Act And Its Implications For The Federal Defend Trade Secrets Act, Dole Jr, Richard F.

Santa Clara High Technology Law Journal

The Contract Exception to the Uniform Trade Secrets Act and Its Implications for the Federal Defend Trade Secrets Act

Suggestions For State Laws On Biosimilar Substitution, Gary M. Fox

Michigan Telecommunications & Technology Law Review

Biologic drugs offer major advancements over small-molecule drugs when it comes to treating serious diseases. Biosimilars, which mimic innovative biologic drugs, have the potential to further revolutionize the practice of medicine. States now have decades of experience regulating the substitution of generic, small-molecule drugs for their brand-name equivalents. But the complexities of biologic drugs and biosimilars force states to confront novel scientific and legal issues. Many states have begun tackling those issues by passing laws that regulate when pharmacists may substitute biosimilars for their corresponding biologic drugs. Other states have yet to do so. This Note surveys five provisions common …

Bit By Bit: Breaking Down The Ninth Circuit's Frameworks For Jury Misconduct In The Digital Age, Jesse Gessin

Nevada Law Journal

No abstract provided.

The Computer Made Me Do It: Is There A Future For False Claims Act Liability Against Electronic Health Record Vendors?, Deborah R. Farringer

Nevada Law Journal

No abstract provided.

Governing Science And Technology In The Era Of Megaregionals, Shin-Yi Peng, Han-Wei Liu, Ching-Fu Lin

Research Collection Yong Pung How School Of Law

This chapter will explore the interplay between law and technology, focusing on the pertinent trade issues within megaregionals. As globalization has created markets that cross borders, there is an increasing reliance on diverse types of international legal instruments to govern science and technology. The reality is that the differences in regulatory regimes become more significant as trade obstacles. Manufacturers or service suppliers often confront challenges when attempting to comply with diverse national regulatory measures. At the forefront, the questions to ask are whether the emergence of various bilateral or megaregionals help promote regulatory cooperation/coherence? Or, has such phenomenon raised more …

Tiny Things With A Huge Impact: The International Regulation Of Nanomaterials, Dario Picecchi

Michigan Journal of Environmental & Administrative Law

Mounting evidence demonstrates that nanotechnology and nanomaterials impose severe environmental risks. To minimize these risks, the usage and handling of certain nanomaterials could be addressed under existing treaties such as the Rotterdam Convention, the Stockholm Convention, and the Basel Convention. However, even if existing treaties govern the handling of certain nanomaterials, no treaty effectively regulates all the specific challenges that nanomaterials pose to the global environment. Consequently, a completely new regulatory instrument is required. An international organization could take responsibility for developing and promoting such a nanospecific international legal framework. By incorporating the precautionary principle, a technology transfer, research cooperation, …

Whose Sperm Is It Anyways In The Wild, Wild West Of The Fertility Industry?, Tatiana E. Posada

Georgia State University Law Review

Imagine a couple that is unable to conceive a child naturally. Luckily, they had the money and resources available to them to conceive a child through assisted reproductive technology (ART), so they decided to start their family through the use of intrauterine insemination. They selected a sperm bank and began the arduous process of selecting a sperm donor who fit the desired traits and characteristics for their child. The sperm bank matched them with an anonymous donor, Donor 9623, and assured the couple that the donor was “a healthy male with an IQ of 160, a bachelor’s of science in …

Reforming Regenerative Medicine Regulation, Sarah Duranske

Georgia State University Law Review

Regenerative medicine is defined as the branch of medicine that develops methods to regrow, repair, or replace damaged or diseased cells or tissues. It includes a variety of approaches, such as transplanting cells to promote healing, editing genes in cells to attack cancer, and even building organs from biological materials. Regulating regenerative medicine therapies is no easy task. Finding a balance between competing interests–enabling timely access for needy patients while simultaneously ensuring a positive benefit/risk profile and promoting the development of beneficial innovations–is hard enough at any given point in time. But add in constantly advancing scientific knowledge and increasing …

The Return Of The Plague: Inequitable Conduct After Regeneron V. Merus, Avery, Matthew, Kempf, Matthew, Liang, Amy

Santa Clara High Technology Law Journal

The Return of the Plague: Inequitable Conduct After Regeneron V. Merus

Regulating Fintech, William Magnuson

Faculty Scholarship

The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. But the financial regulatory reforms enacted since the crisis have been premised on an outdated idea of what financial services look like and how they are provided. Regulation has failed to take into account the rise of financial technology (or “fintech”) firms and the fundamental changes they have ushered in on a variety of fronts, from the way that banking works, to the …

Controlling The Jury-Teaching Function, Richard D. Friedman

Articles

When evidence with a scientific basis is offered, two fundamental questions arise. First, should it be admitted? Second, if so, how should it be assessed? There are numerous participants who might play a role in deciding these questions—the jury (on the second question only), the parties (through counsel), expert witnesses on each side, the trial court, the forces controlling the judicial system (which include, but are not limited to, the appellate courts), and the scientific establishment. In this Article, I will suggest that together, the last two—the forces controlling the judicial system and the scientific establishment—have a large role to …

Industrial Cyber Vulnerabilities: Lessons From Stuxnet And The Internet Of Things, Lawrence J. Trautman, Peter C. Ormerod

University of Miami Law Review

Cyber breaches continue at an alarming pace with new vulnerability warnings an almost daily occurrence. Discovery of the industrial virus Stuxnet during 2010 introduced a global threat of malware focused toward disruption of industrial control devices. By the year 2020, it is estimated that over 30 billion Internet of Things (IoT) devices will exist. The IoT global market spend is estimated to grow from $591.7 billion in 2014 to $1.3 trillion in 2019 with a compound annual growth rate of 17%. The installed base of IoT endpoints will grow from 9.7 billion in 2014 to more than 25.6 billion in …

The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon

The University of Cincinnati Intellectual Property and Computer Law Journal

The exact reach of the Defend Trade Secrets Act’s extraterritoriality provision has yet to be interpreted by the courts. If United States securities, trademark, and antitrust law serves as any indication of what is to be expected, the Defend Trade Secrets Act may be subject to an inconsistent array of interpretation. When faced with interpreting the extraterritorial scope of the Defend Trade Secrets Act for the first time, the court must set a strong precedent by enacting a single, uniform effects test that will not falter when applied in different circumstances and by different circuits. Courts interpreting United States securities, …