Articles

Science, Technology, and the Law

Transatlantic Reflections on the Power of Technology for Inclusion: A Summary

On February 22, 2019, Sheila Durant, Gary Norman and Debra A. Vey Voda-Hamilton organized and presented Transatlantic Reflections on the Power of Technology for Inclusion. The event was graciously hosted by the German Marshall Fund of the United States at their building in Washington, DC.  The event included presentations and discussions from people heavily involved…
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The Truth Behind the Constitutionality of GPS Tracking

The technological capabilities of smartphones, such as accessing the internet in a matter of seconds, speaking with multiple people simultaneously, and downloading numerous applications, have increased rapidly since their inception. These advancements while fascinating, have made it difficult for legislation to keep up to date which may cause drastic problems in the future. For example,…
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To a Reasonable Degree of Scientific Certainty: Understanding the DOJ’s Revised Guidance on Expert Scientific Testimony

Many of us have watched television shows and movies, or perhaps even been present during a trial, where a given medical expert is on the stand as a witness, testifying about the forensic evidence relevant to the case at hand. As the attorneys wrap up their questioning of said expert, one question, normally asked with…
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In Space, no one can hear you mine: An exploration of Article II of the Outer Space Treaty

Introduction When President Barack Obama signed the U.S. Commercial Space Launch Competitiveness Act of 2015, he gave legal grounding to an idea that was once science fiction, while creating a legal justification for an emerging space industry. The U.S. Commercial Space Launch Competitiveness Act enables companies to have property rights in resources that they have…
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“Your secrets are safe with us”: The struggle between privacy rights and fair access to digital records of the deceased

“When I am dead I will not care How future generations fare, For I will be so unaware. . . .”[1]           -Robert William Service   In 2004, my father passed away. He left a will that gave all of his assets to my mother. My mother had to make sure she had all the…
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Contract Conflicts Creating Players Associations in eSports

Over the past decade, the competitive video game community has blossomed into something no different than any other professional sport: young, skilled individuals entering into contractual agreements with organized leagues and teams. Resulting in what is now known as “eSports,” this development has seen a diverse range of issues from poor player living conditions in…
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Search Engines, Keyword Advertisements, And Trademark Law Headed In The Wrong Direction

Search Engines, Keyword Advertisements, And Trademark Law Headed In The Wrong Direction Dedicated to my son, Mufaddal Kagalwala, who passed away last year after a brave battle with Leukemia.         Abstract Current trademark law punishes fair competition by placing limitations on the use of trademarks as keywords and thereby obstructing competition on the…
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A Legal Framework for Artificially Intelligent Robots

Introduction This article addresses emerging issues concerning the advancement of Artificial Intelligence (AI), the expansion of the robots market, and the relationship between robots and the law. It will consider different positions taken by scientists and academics, as well as the European Parliament, regarding AI robots’ legal status, and whether they should be given human-like…
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“These Are Not the Actors You Are Looking For”: Right to Likeness in the Age of CGI

New advances in computer generated image technology have opened a Pandora’s Box of issues relating to the portrayal of public figures after death. Such post-mortem use of public figures’ images has become prominent in pop culture since the release of “Rogue One: A Star Wars Story” in 2015. The film features the performance of an…
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Controlling our DNA: the legal implications of CRISPR-Cas9

In 1928, Alexander Fleming discovered that a mold had contaminated one of his petri dishes and killed the bacteria growing in it. This mold defeated previously fatal infections and created one of the largest paradigm shifts in medical history. Howard Markel, The real story behind penicillin, PBS.com (Sept. 27, 2013), http://www.pbs.org/newshour/rundown/the-real- story-behind-the-worlds-first-antibiotic. Today, medical science…
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