Science and Technology Law Commons^™

International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald

Georgia Journal of International & Comparative Law

No abstract provided.

Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders

Georgia Journal of International & Comparative Law

No abstract provided.

No Worldwide Consensus: The United Nations Declaration On Human Cloning, Channah Jarrell

Georgia Journal of International & Comparative Law

No abstract provided.

Who's Virus Is It Anyway? How The World Health Organization Can Protect Against Claims Of "Viral Sovereignty", Jason Carter

Georgia Journal of International & Comparative Law

No abstract provided.

"Honey I Blew Up The World!"? One Small Step Towards Filling The Regulatory "Black Hole" At The Intersection Of High-Energy Particle Colliders And International Law, Samuel J. Adams

Georgia Journal of International & Comparative Law

No abstract provided.

Regulating Weaponized Nanotechnology: How The International Criminal Court Offers A Way Forward, Lucas D. Bradley

Georgia Journal of International & Comparative Law

No abstract provided.

Social Media Policy Confusion: The Nlrb's Dated Embrace Of Concerted Activity Misconstrues The Realities Of Twenty-First Century Collective Action, Geordan G. Logan

Nevada Law Journal

No abstract provided.

Zero And The Rise Of Technological Lawmaking, Max Stul Oppenheimer

Pace Law Review

This Article begins by identifying and drawing the outline of this previously unrecognized source of law: technology-made law. It then focuses on one paradigmatic case: changes in the meaning of “zero” and the closely related concept of a mathematical limit (for example a speed limit). It defines “zero” and demonstrates its explicit and implicit uses in law. It then posits that there are two ways to interpret a law involving a technological limit: a technology-static approach, in which comparisons are made using the technology available at the time the law was enacted, and a technology-dynamic approach, in which comparisons are …

Digital Innocence, Joshua A.T. Fairfield, Erik Luna

Scholarly Articles

Recent revelations have shown that almost all online activity and increasing amounts of offline activity are tracked using Big Data and data mining technologies. The ensuing debate has largely failed to consider an important consequence of mass surveillance: the obligation to provide access to information that might exonerate a criminal defendant. Although information technology can establish innocence—an ability that will only improve with technological advance—the fruits of mass surveillance have been used almost exclusively to convict. To address the imbalance and inform public dialogue, this Article develops the concept of “digital innocence” as a means of leveraging the tools of …

An Insight Into The Apparel Industry’S Patent Troll Problem, Ashli Weiss

UC Law Science and Technology Journal

Patent trolls have increasingly targeted the end users of patent-encumbered technology rather than suing the companies that created the allegedly infringing products themselves. Apparel companies provide a useful example of the predicament faced by a variety of similarly situated, nontechnology-oriented companies targeted by troll litigation. As high-profile end users of a variety of commercial technologies, apparel companies have proven to be popular targets for troll litigation. This article examines the apparel industry’s patent troll problem through the lens of historical context, in order to describe how nontechnology companies expose themselves to liability by becoming dependent on third-party technology. It then …

The Conflict Between The Fda’S Pre-Launch Activities Importation Request Program And The Hatch-Waxman Act, Alex Cheng, Matthew Avery

UC Law Science and Technology Journal

In 2008, the Food and Drug Administration (FDA) implemented the Pre- Launch Activities Importation Request (PLAIR) program. The FDA exercises its enforcement discretion under the guise of the PLAIR program to permit drug manufacturers to import unapproved drugs into the United States so the manufacturers can expedite their commercial launches when they finally receive official FDA approval. But the ability to import unapproved finished drug products into the United States ahead of anticipated FDA approval conflicts with certain provisions of the Hatch-Waxman Act that permit brand-name companies to use permanent injunctions to prevent the importation of generic equivalents of their …

Mental Health Parity: The Patient Protection And Affordable Care Act And The Parity Definition Implications, Suann Kessler

UC Law Science and Technology Journal

At least twenty-eight percent of American adults suffer from a mental or addictive disorder. However, even today, health insurance coverage for mental health services differs drastically from that of other medical services. Nonetheless, although it has yet to achieve parity with other medical services, health insurance coverage for mental health services has improved over time. Because the recent enactment of the Patient Protection and Affordable Care Act (“PPACA”) appears to have filled the parity gaps left by the Mental Health Parity and Addiction Equity Act of 2008, many claim that mental health parity has finally been achieved. While the PPACA …

Generic Entry Jujitsu: Innovation And Quality In Drug Manufacturing, W. Nicholson Price Ii

IP Theory

The manufacturing side of the pharmaceutical industry has been neglected in innovation theory and policy, with the unfortunate result of stagnant manufacturing techniques driving major problems for the healthcare system. This innovation failure has roots in ineffective intellectual property incentives and high regulatory hurdles to innovative change. Changes in pure regulation or intellectual property incentives have significant potential to help the innovation deficit, but are not the only possibility for change. A relatively minor regulatory change could harness the powerful dynamics of pioneer/generic competition surrounding generic drug market entry. If pioneer firms were permitted to make label claims committing to …

Duty And Control In Intermediary Copyright Liability: An Australian Perspective, Kylie Pappalardo

IP Theory

In the internet age, copyright owners are increasingly looking to online intermediaries to take steps to prevent copyright infringement. Sometimes these intermediaries are closely tied to the acts of infringement; sometimes – as in the case of ISPs – they are not. In 2012, the Australian High Court decided the Roadshow Films v iiNet case, in which it held that an Australian ISP was not liable under copyright’s authorization doctrine, which asks whether the intermediary has sanctioned, approved or countenanced the infringement. The Australian Copyright Act 1968 directs a court to consider, in these situations, whether the intermediary had the …

Cultural Cognition Of Patents, Lisa Larrimore Ouellette

IP Theory

Simply making empirical progress is not always enough to influence policy, as demonstrated by the polarized public discourse over issues ranging from climate change to gun control. The current discourse over patents appears to have a similar pathology, in which cultural values — such as respect for strong property rights or concern about limiting access to knowledge — shape priors and affect the weight given to new information, such that advocates and policymakers on both sides of the patent wars often fail to acknowledge the ambiguity of existing evidence. This Essay suggests that the “cultural cognition” framework might help scholars …

Stop Monkeying Around With Human Health: Moving Human Drug Development Into The 21st Century By Abandoning Animal Models, Validating Emerging Test Methods, Updating Fda Regulations, And Issuing Fda Guidance, Elizabeth Baker

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Slides: What We Know (And Don't Know) About Air Quality Impacts Of Oil And Gas Development, Anna Karion

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Anna Karion, NOAA/ESRL, University of Colorado/CIRES

35 slides

Slides: The Efd Program: Addressing Environmental Issues And Increasing Environmental Awareness, Richard Haut

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Rich Haut, Houston Advanced Research Center

8 slides

Slides: Details Of The Regulatory Framework: Air Quality Regulation Of Oil And Gas Development, Olivia D. Lucas

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Olivia D. Lucas, Esq., Counsel, Faegre Baker Daniels

22 slides

Slides: Regulating Oil And Gas Emissions In The Denver Julesberg Basin, Garry Kaufman

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Garry Kaufman, Deputy Director, Colorado Air Pollution Control Division

25 slides