As the United States considers preemptive federal privacy law, the discussion can be enriched by a reassessment of the EU example as illustrated in a 2019 decision at the European Court of Justice. The General Data Protection Regulation that took effect in 2018 is often described as an important model for unifying and centralizing data …
In November of 2020, a known train enthusiast was elected to the Oval Office: President Joe Biden. With this leadership in mind, is the United States finally going to create a healthy and functioning passenger rail system? For years, passenger rail has declined in usage as other modes of transportation, mainly automobiles and airplanes, have …
For decades, law enforcement agencies across the country have relied on Facial Recognition Technology (“FRT”) to assist with investigations, though how the technology is employed is often concealed from the public and remains largely unknown. Compounding this transparency problem, recent research hasshown FRT displays a demonstrated bias against people of color, and disproportionately impacts them …
The role of extrinsic sources in interpreting patent claims has been a source of debate in the U.S. Court of Appeals for the Federal Circuit. The Court for years encouraged the use of extrinsic sources such as dictionaries, encyclopedias, and treatises. The Court abruptly changed course in 2005, however, largely repudiating its earlier cases extolling …
Can anyone really own virtual tokens such as Bitcoin and Ether? And if so, how should the law protect the rights of the owner? Legal rulings in federal courts have yielded inconsistent policies regarding the applicable remedy when rights in cryptocurrencies are infringed. Some adopt a property rule, granting injunctions and enforcement of property rights …
The utilization of Artificial Intelligence (“AI”) in the process of innovation has been occurring for decades. However, with the increased sophistication of AI, it is becoming gradually more difficult to discern between the point in which AI is simply being employed as a tool, contributing to human innovation, from thepoint in which AI is actually …
As governments worldwide struggle to reduce their greenhouse gas emissions in an effort to mitigate the effects of climate change, many are contemplating supplemental and controversial strategies, including Solar Radiation Management (“SRM”). SRM is a geoengineering technology deployed into the stratosphere that intentionally manipulates the environment to reduce global surface temperatures by reflecting incoming sunlight …
In July 2020, former President Trump issued an Executive Order attempting to unilaterally ban TikTok, a social media platform used mainly by teenagers to post videos of dances or viral challenges. Banning a social media app is unprecedented in the United States and raises various concerns among a wide variety of interested parties. These concerns …
