Science and Technology Law Commons^™

Toward A Knowledge-Based Economy: Tpp And Thailand’S Experience And Concerns, Apinya Bunditwuthisagul

SMU Science and Technology Law Review

No abstract provided.

Multinational Efforts To Limit Intellectual Property Income Shifting: The Oecd’S Base Erosion And Profit Shifting (Beps) Project, Jeffrey Maine

SMU Science and Technology Law Review

No abstract provided.

A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn

SMU Science and Technology Law Review

No abstract provided.

The Impact Of Science And Technology On The Rights Of The Individual. By Nicola Lucchi [Book Review], Dana Neacsu

Law Faculty Publications

Nicola Lucchi is an associate professor at the Jönköping International Business School, in Jönköping, Sweden. His research and teaching focus on comparative information law and policy, and the interaction between law and innovation. His current book, The Impact of Science and Technology on the Rights of the Individual, seems to be the natural progression of an earlier book Biotech Innovations and Fundamental Rights, which he co-edited in 2012 while at the University of Ferrara. While the earlier work was meant to demonstrate how “the legal regulation of scientific research and scientific investigations impact more and more directly on …

The Law Of Cyber Warfare: Restrictions, Opportunities And Loopholes, Nicholas Tsagourias

Canadian Journal of Law and Technology

The article considers the applicability of existing international rules on the use of force to cyber attacks and assesses their effectiveness. The author’s conclusion is that the current regime on the use of force fails to capture the particularities of cyber attacks and for this reason he makes some tentative proposals for enhancing security in this area.

Re-Framing Biotechnology Regulation, Alison Peck

Law Faculty Scholarship

Biotechnology is about to spill the banks of federal regulation. New genetic engineering techniques like CRISPR-Cas9 promise revolutionary breakthroughs in medicine, agriculture, and public health-but those techniques would not be regulated under the terms of the Coordinated Framework for Regulation of Biotechnology. This revolutionary moment in biotechnology offers an opportunity to correct the flaws in the framework, which was hastily patched together at the advent of the technology. The framework has never captured all relevant technologies, has never satisfied the public that risk is being effectively managed, and has never been accessible to small companies and publicly-funded labs that increasingly …

Who's Driving You? Driver Data Remains Unprotected Under Coppa And Shine The Light, Marisa Tashman

Loyola of Los Angeles Law Review

As our lives become more driven by technology, California’s privacy laws fall short of protecting our personally identifiable information. Vehicles in particular present an increasing privacy concern, as our automobiles become more computer and less car. Cars today have increasingly sophisticated capabilities, stemming from connected technology and sensors, and their ability to capture geolocation and biometric data. This data can be used to make inferences about drivers’ behavioral patterns and daily habits. This Article analyzes whether California’s privacy laws—California Online Privacy Protection Act (“COPPA”) and Shine the Light—adequately address privacy concerns regarding driver data collected by the connected car. This …

The Ethical Debate On Drones, Anne Hopkins

Augustana Center for the Study of Ethics Essay Contest

No abstract provided.

The Data-Pooling Problem, Michael Mattioli

Articles by Maurer Faculty

American innovation policy as expressed through intellectual property law contains a curious gap: it encourages individual research investments, but does little to facilitate cooperation among inventors, which is often a necessary precondition for innovation. This Article provides an in-depth analysis of a policy problem that relates to this gap: increasingly, public and private innovation investments depend upon the willingness of private firms and institutions to cooperatively pool industrial, commercial, and scientific data. Data holders often have powerful disincentives to cooperate with one another, however. As a result, important research that the federal government has sought to encourage through intellectual property …

In Defense Of California's Mandatory Child Vaccination Law: California Courts Should Not Depart From Established Precedent, Stephanie Awanyai

Loyola of Los Angeles Law Review

In the wake of the 2015 measles outbreak in California, California Senate Bill 277 (S.B. 277) was enacted. S.B. 277 repeals the personal belief exemption to California’s immunization requirement for children in public and private educational or child care facilities in the State. While S.B. 277 was enacted to prevent the spread of contagious diseases through mandatory vaccinations of school-aged children, there are objections to this approach. Parents who oppose S.B. 277 contend that S.B. 277 violates their federal and state constitutional rights to make medical decisions on behalf of their child, and infringes on their child’s fundamental state interest …

Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin

Washington and Lee Law Review

No abstract provided.

Distributed Governance, Carla L. Reyes, Nizan Geslevich Packin, Benjamin P. Edwards

Scholarly Works

Distributed ledger technology disrupts traditional business organizations by introducing new business entities without the directors and officers of traditional corporate entities. Although these emerging entities offer intriguing possibilities, distributed entities may suffer significant collective action problems and expose investors to catastrophic regulatory and governance risks. Our Article examines key considerations for stakeholders and argues that distributed entities must be carefully structured to function effectively.

This Article breaks new ground by critically examining distributed entities. We argue that a distributed model is most appropriate when distributed ledger technology solves a unique corporate governance problem. We caution against ignoring the lessons painstakingly …

Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, Stacy-Ann Elvy

Washington and Lee Law Review

The Internet of Things (IOT) has been described by the American Bar Association as “one of the fastest emerging,” potentially most “transformative and disruptive technological developments” in recent years. The security risks posed by the IOT are immense and Article 2 of the UCC should play a central role in determinations regarding liability for vulnerable IOT products. However, the lack of explicit clarity in the UCC on how to evaluate Article 2’s applicability to hybrid transactions that involve the provision of goods, services, and software has led to conflicting case law on this issue, which contradicts the UCC’s stated goals …

You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski

Washington and Lee Law Review

No abstract provided.

Blockchain And Payment Systems: What Are The Benefits And Costs?, Benjamin Geva, Gene Neyer

Articles & Book Chapters

No abstract provided.

Data Transmission And Energy Efficient Internet Data Centers, Joseph R. Briscar

American University Law Review

The internet is a marvel of human accomplishment and a feat of technological engineering, which allows nearly instantaneous communication across the globe-an act once considered the stuff of science fiction. It has been lauded for its environmental benefits, such as reducing paper production and waste, but, as with any great accomplishment, there are unintended consequences. The increased proliferation of electronic devices to access the internet and the exponential advancement of those devices results in large amounts of electronic waste-a problem in its own right. Compounding the issue, for all of those internet-enabled devices to work, they must rely on the …

Panel 1: Perspectives On Transactions In Comic Books, David Gallaher, Larry Hama, Lillian Laserson, Matthew Tynan, Thomas Crowell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Appetite For Destruction: Symbolic And Structural Facets Of The Right To Destroy Digital Property, Joshua A.T. Fairfield

Washington and Lee Law Review

No abstract provided.

Regulating Human Germline Modification In Light Of Crispr, Sarah Ashley Barnett

Law Student Publications

This comment evaluates the United States‘ current regulatory scheme as it applies to CRISPR and related gene-modifying technologies and discusses the ethical ramifications of regulating human germline modification versus continuing to allow self-regulation within the scientific community. Part I explains what CRISPR is, how it works, and its impact on genetic engineering technology. Although CRISPR offers "unparalleled potential for modifying [both] human and nonhuman genomes," this comment focuses primarily on the use of CRISPR technology to manipulate the human germline. Part II discusses the social and bioethical implications of altering the human germline, including safety concerns, multigenerational consequences, equity issues, …

The Fourth Amendment In A Digital World, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Fourth Amendment doctrines created in the 1970s and 1980s no longer reflect how the world works. The formal legal distinctions on which they rely—(a) private versus public space, (b) personal information versus third party data, (c) content versus non-content, and (d) domestic versus international—are failing to protect the privacy interests at stake. Simultaneously, reduced resource constraints are accelerating the loss of rights. The doctrine has yet to catch up with the world in which we live. A necessary first step for the Court is to reconsider the theoretical underpinning of the Fourth Amendment, to allow for the evolution of a …