Science and Technology Law Commons^™

The Outer Limits: Imsi-Catchers, Technology, And The Future Of The Fourth Amendment, Ryan C. Chapman

Pepperdine Law Review

Recent advances in technology are posing new challenges for a legal system based on decades-old precedent. Nowhere is this more apparent than in law enforcement’s warrantless use of IMSI Catchers. These devices mimic a cell phone tower, and when the device is activated, cell phones will naturally connect to them. Law enforcement officers can use those intercepted cell phone signals to track a suspect’s movements in real time with startling accuracy. Scholarly commentary on these devices has largely concluded that their use requires a warrant. This Comment engages in a close examination of Fourth Amendment precedent and argues that, as …

Online Browsing: Can, Should, And May Companies Combine Online And Offline Data To Learn About You?, Michelle Geronimo

UC Law Science and Technology Journal

No abstract provided.

Syncing The Unsyncable: Legal And Policy Implications Of Paperless Clinical Trials, Kimberly Rhodes

UC Law Science and Technology Journal

No abstract provided.

Lot Network Too Big For Antitrust?, Robert Yang

UC Law Science and Technology Journal

No abstract provided.

Company Law And Autonomous Systems: A Blueprint For Lawyers, Entrepreneurs, And Regulators, Shawn Bayern, Thomas Burri, Thomas D. Grant, Daniel M. Häusermann, Florian Möslein, Richard Williams

UC Law Science and Technology Journal

No abstract provided.

Germ-Line Gene Editing And Congressional Reaction In Context: Learning From Almost 50 Years Of Congressional Reactions To Biomedical Breakthroughs, Russell A. Spivak, J.D., I. Glenn Cohen, J.D., Eli Y. Adashi, M.D., M.S.

Journal of Law and Health

On December 18, 2015, President Obama signed into law a policy rider forestalling the therapeutic modification of the human germ line. The rider, motivated by the science’s potential unethical ends, is only the most recent instance in which the legislature cut short the ongoing national conversation on the acceptability of a developing science. This essay offers historical perspective on what bills were proposed and passed surrounding four other then-developing scientific breakthroughs—Recombinant DNA, in vitro fertilization, Cloning, Stem Cells—to better analyze how Congress is, and should, regulate this exciting and promising science.

Three-Dimensional Printing And A Laissez-Faire Attitude Towards The Evolution Of The Products Liability Doctrine, Evan Malloy

Florida Law Review

This Note presents an analysis of how those engaged in three-dimensional (3D) printing may be treated under the products liability doctrine. While 3D printing has the potential to dramatically change the manufacturing process of nearly every good on the consumer market, the unique manufacturing process alone will not automatically bar recovery for every plaintiff injured by an object manufactured using a 3D printer. Courts have not yet defined the scope of liability for actors engaged in creating objects using 3D printers, but an injured plaintiff will have numerous avenues to recovery thanks to the flexibility of the products liability doctrine. …

Surveillance By Algorithm: The Nsa, Computerized Intelligence Collection, And Human Rights, Peter Margulies

Florida Law Review

ISIS’s cultivation of social media has reinforced states’ interest in using automated surveillance. However, automated surveillance using artificial intelligence (“machine learning”) techniques has also sharpened privacy concerns that have been acute since Edward Snowden’s disclosures. This Article examines machine-based surveillance by the NSA and other intelligence agencies through the prism of international human rights.

Two camps have clashed on the human rights implications of machine surveillance abroad. The state-centric camp argues that human rights agreements like the International Covenant on Civil and Political Rights (ICCPR) do not apply extraterritorially. Moreover, the state-centric camp insists, machine surveillance is inherently unintrusive, like …

"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda

Georgia Journal of International & Comparative Law

No abstract provided.

Notice And Takedown In The Domain Name System: Icann’S Ambivalent Drift Into Online Content Regulation, Annemarie Bridy

Washington and Lee Law Review

No abstract provided.

Securities Regulation In Virtual Space, Eric C. Chaffee

Washington and Lee Law Review

No abstract provided.

A Principled Strategy For Addressing The Incarceration Crisis: Redefining Excessive Imprisonment As A Human Rights Abuse, Mirko Bagaric, Sandeep Gopalan, Marissa R. Florio

Cardozo Law Review

In July 2015, Barack Obama became the first sitting U.S. President to visit a U.S. prison. The visit was largely symbolic. What is not symbolic is the reason for the visit. Sentencing policy and practice in the United States is fundamentally broken, to the point that it is an intellectual and normative wasteland. This has resulted in the United States becoming the world's most (gratuitously) punitive country. The imprisonment of over two million Americans is perhaps the most pressing domestic moral issue of our time. Further, the prison system is in a state of crisis due to the unsustainable cost …

Interpretation Catalysts In Cyberspace, Rebecca Ingber

Faculty Scholarship

The cybersphere offers a rich space from which to explore the development of international law in a compressed time frame. This piece examines the soft law process over the last decade of the two Tallinn Manuals – handbooks on the international law of cyber warfare and cyber operations – as a valuable lens through which to witness the effects of “interpretation catalysts” on the evolution of international law. In prior work, I identified the concept of interpretation catalysts – discrete triggers for legal interpretation – and their influence on the path that legal evolution takes, including by compelling a decision-making …

Is Your Health Data Really Private? The Need To Update Hipaa Regulations To Incorporate Third-Party And Non-Covered Entities, Latena Hazard

Catholic University Journal of Law and Technology

This note argues that the current framework that governs health care applications and consumer privacy is slacking and outlines strategies to ensure protection against third party accessibility of information that consumers deem private.

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Section 337 Of The Tariff Act Of 1930 And Its Impacts On China, Yiqing Yin

Catholic University Journal of Law and Technology

337 of the Tariff Act of 1930 (“Section 337”) is one of the statutes that prohibit unfair trade or unfair competition in importation, and it aims at protecting intellectual property at the United States borders. Because of the international impacts of Section 337 and the injunctive nature of its remedies, the application of the statute has profound impacts on the trade between U.S. and other countries.

China is a country that has enormous trade with the U.S and imports large amounts of goods to the U.S. each year. Moreover, the weak intellectual property protection in China has been a serious …

Examining The Legalization Of Daily Fantasy Sports, Mark Dourmashkin

Catholic University Journal of Law and Technology

No abstract provided.

How Might The Supreme Court, If It Reviews The Federal Communication's 2015 Open Internet Order, Utilize The Chevron And Arbitrary And Capricious Tests?, John B. Meisel

Catholic University Journal of Law and Technology

The article focuses on two Supreme Court decisions, King v. Burwell and FCC v. Fox Televisions Stations, Inc., that provide diametrically different models for how deferential a court should be when it reviews administrative action. The former case addresses how deferential a court should be for an agency’s statutory interpretation of an ambiguous statute for a question that has significant economic and political effects but Congress had not expressly delegated the question to the agency. The latter case addresses how deferential a court should be when an agency’s changes a policy that is within its statutory authority. These two …

#Cautionbusinesses: Using Competitors' Hashtags Could Possibly Lead To Trademark Infringement, Debbie Chu

Catholic University Journal of Law and Technology

No abstract provided.