E-scooters: The Popular Electric Device Confounding Lawyers and Lawmakers Alike
September 10, 2019
Articles
Someone Else May Own a Piece of You: Lack of Federal Regulation over Direct-to-Consumer DNA Test Kits
Direct-to-consumer DNA test kits, such as those sold by Ancestry and 23andMe, are now more popular than ever. These test kits require a consumer to submit a personal DNA sample in exchange for detailed results about the consumer’s ancestry. Although about half of the United States has a genetic privacy law, they vary in strictness
Academic Espionage: Striking the Balance Between Open and Collaborative Universities and Protecting National Security
American universities and research laboratories strive to foster open, collaborative spaces, where students from all over the world can come to learn from leading academics in their field of study. However, some people believe this open and collaborative environment is threatened by international students who are coming not to add to the environment, but rather
Out-Teching Products Liability: Reviving Strict Products Liability in an Age of Amazon
From humble beginnings as an internet start-up in the mid– 1990s, Amazon has transformed itself into the prodigious and omnipresent e-commerce Leviathan of the early twenty-first century, cashing in on a society and economy increasingly comfortable with — and dependent on — technology-based services. In addition to its recent forays into brick-and-mortar grocery stores, film and television production, fast-fashion,
Blockchain Havens and the Need for Their Internationally-Coordinated Regulation
This paper describes the rise of a new form of regulatory havens. Jurisdictions that have traditionally been characterized as “tax havens” are gradually becoming hubs for blockchain-based ventures. These jurisdictions attract blockchain entrepreneurs by offering refuge from regulatory and tax burdens imposed by developed economies. These new “Blockchain Havens” create a regulatory “race to the
Tulips, Oranges, Worms, and Coins – Virtual, Digital, or Crypto Currency and the Securities Laws
This Article examines the applicability of the federal securities laws to digital currencies. Although some enforcement actions have been brought by the SEC, digital currency transactions remain largely unregulated. The securities laws contain a broad definition of what constitutes a security. Finding a security to exist triggers many regulatory provisions of the securities laws. There
The Building Blocks of the Blockchain
Blockchain. The term is ubiquitous—it’s going to protect everyone’s data, provide the backbone of every supply chain, make every contract smart, and so much more. But what is blockchain, actually? And can it really do all of this? (No.) This article is for those who want to learn the basics about this technology. I will
The Patent Option
There is a shift in the shape of intellectual property tools used to strengthen and lengthen the right of pharmaceutical companies to exclude others from making and marketing their products. Patents have traditionally been the tool of choice. Over the past two decades, however, pharmaceutical companies have increased their degree of reliance on a right
New Technology, the Death of the BigLaw Monopoly and the Evolution of the Computer Professional
Much has been written recently about new technology disrupting the traditional law firm model of providing legal services. Susskind and Susskind predicted the failure of professions, including the legal profession, due in large part to the external pressure of disruptive technology. However, concentrating blame on the technology is misguided; it blames the tool used to
How Neuroscience is Changing Our Understanding of Brain Injury, Vegetative States and the Law
The author examines clinical studies that use neuroscience technology to study patients in Vegetative States. The studies indicate that some of the patients are, in fact, conscious. The author suggests that this finding is a matter of considerable practical importance for the drafting and execution of end-of-life protocols such as Advance Directives and Living Wills.
Tracking Predators: Microchip Implants, a Constitutional Alternative to GPS Tracking for North Carolina?
The North Carolina Court of Appeals’ recent decision in State v. Grady held that the State of North Carolina failed to prove the reasonableness of continuing Satellite Based Monitoring (SBM) for the lifetime of a sex offender. It is the State’s burden to prove the necessity, and looking at the totality of the circumstances, the
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