The Food and Drug Administration (“FDA”) continues to balance two seemingly competing goals: protecting the public from unsafe treatments and increasing the public’s access to treatments. While tensions between the goals of protection and access have ostensibly skyrocketed since the beginning of the COVID-19 global pandemic, these tensions have, in fact, been long-standing since the …

During the COVID-19 pandemic, for the first time, a significant minority of states passed laws limiting or outright prohibiting vaccines mandates. The laws varied greatly in what they covered, the way they addressed the issue, and their intended results. This Article provides a detailed overview of these mandate bans. Consequently, this Article demonstrates that most …

This Article explores the intertwined topics of hesitancy and trust towards vaccines. The Article traces the evolution of antivaccine sentiments, their consolidation into organized movements, and their recent evolution, as vaccine misinformation and disinformation circulate with unprecedented ease through digital channels. The Article then examines selected legal and policy interventions that have been used to …

Before 1980, the right to own the patent on any invention researched and developed under a federal funding agreement typically went to the federal agency that provided the funding. The Patent and Trademark Law Amendments Act of 1980, or Bayh-Dole Act, reorganized this framework by presumptively granting the ownership rights of any such patents to …

As individuals navigate their lives on websites and apps, their movements, searches, and actions are silently tracked. Streams of consumer data are then pooled by data aggregators and mined to identify potential vulnerabilities of consumers. These potential weaknesses, e.g., whether someone is in financial distress, having a health crisis, or battling an addiction, are valuable …

Despite our increased reliance on transportation network companies (“TNCs”) and other sharing economy services, like Uber, Lyft, and Airbnb, the United States government has let the promises and protections of the Americans with Disabilities Act (“ADA”) lag behind the proliferation of the Internet. The U.S. Department of Justice (“DOJ”) is currently trying to fill this …

The COVID-19 pandemic has significantly intensified the problem of broadband accessibility in North Carolina. Although broadband had already become essential infrastructure before the pandemic, it is now an imperative instrument for all aspects of life, including work, education, and health. In North Carolina, over a million residents lack access to that necessity, primarily concentrated in …

The COVID-19 pandemic facilitated a dramatic shift to a reliance upon virtual means for communication, education, and work-from-home careers. In addition, there was a surge in telehealth appointments as an alternative to the traditional in-person provision-of-care model. However, COVID-19 was not operating in isolation but rather in conjunction with the worsening opioid epidemic. Unfortunately, the …

Millions of people download and use “femtech,” or female technology, applications to track patterns in their reproductive health, including menstruation and fertility. The market for femtech apps is projected to experience rapid growth over the next decade. Despite the highly sensitive, intimate nature of data collected by femtech apps, U.S. privacy law leaves these apps …