Marchant Featured on “Fun with Law” Podcast

Faculty Director Gary Marchant recently was featured on the “Fun with Law” podcast, hosted by one of his former students, Jalaj Jain. Jain describes Marchant as “the most experienced guest [he’s] had on this show” and mentions that Marchant has close to 30,000 citations on google scholar. 

In this episode Marchant and Jain discussed the regulation of new technologies, leaving a lucrative law firm partnership for a career in academics, and anecdotes of his time working across the world. In this episode they also discuss key turning points in Marchant’s life that lead him to where he is now. He discusses a childhood interest in genetics that led him half way through a Phd, before he realized he wanted to switch into public policy and law. He then had another shift in his career after working at a prestigious law firm, where he was named partner after four years, he wanted to teach law. This path ultimately led him to where he is now, the Faculty Director of the Center for Law Science and Innovation. 

“Looking back I was so happy that I made those choices, because that is something I really wanted to do…” Marchant said, “ When I talk to people who have been out of, say, law school 10 years, almost none of them anticipated where they’d be now.” A reality of the profession, he says, everyone should look ahead and avoid being trapped in a certain path. 

Marchant and Jain also discuss his time at Harvard, where as a 1L he helped start the first law and science journal. Despite the fact that they had no resources from the university and were met with resistance, they were successful and he would later become the journal’s editor-in-chief. 

Check out an episode clip here.

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“Safe at Home” A Water Safety Webinar To Help Reduce Child Injury During COVID and Beyond

Diana Bowman and her team have worked to help prevent childhood drownings and injury by teaming up with Phoenix Children’s Hospital to produce a webinar to help parents and caregivers. With the Arizona heat, pools are a common way to cool down while enjoying the sunshine, but it can turn dangerous when parents don’t have the proper tools and information in the case of drownings. Bowman and her team have created a way for parents to learn about techniques that can save their child- and others in the case of an emergency. It is a common call that first responders get, drownings are the leading cause of injury-related death in children 1-4 in the U.S.

The Webinar discussed various ways parents are misinformed, and the methods they will use to help spread awareness of child drownings and how to prevent them. The information they provide is crucial for parents to know, so they can understand where their child is at developmentally and what they may do in and around the water that could put them at risk. For example, at two years old, children do not have instinctive swim skills, and may not remember skills they learned in swim class. That plus the love to run and climb on things can be dangerous when children are not fully aware of their surroundings. Bowman and her team also explain the social and thinking skills of two- year- olds, to help give parents a better idea of their child’s thinking process. Some other skills they list are: the ability to follow instructions with no more than two simple steps, copies other children, likes to find hidden things (ex. Snacks in a pool bag) and they like to break the rules. The team analyzed the skills of three and four-year-olds as well and discussed the behaviors that put them at risk of what they call a “submersion event.” 

They stress that we know where fatal and nonfatal submersion events occur- the pool/ water, and we know that most of the events occur outside of “pool time” so one main strategy needs to be supervision. Other strategies suggested were child proofing the area and using devices to help keep children safe. Accurate and thorough water safety tips are key in caregivers keeping their children safe, so the team worked with Joey LaNeve, the Coordinator of Aquatics and Safety Education for Sun Devil Fitness and Wellness. This also helps prevent misinformation, and gives parents a clear understanding of the dangers that lurk around their child. The team also encourages parents to enroll children in aquatics classes so they have an understanding of what to do in the water. Check out the webinar here.

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Our Graduating Students

Usually a time of celebration, we are saddened that we can not celebrate graduation with the amazing students who we have had the pleasure to get to know at The Center for Law Science and Innovation. We have had the honor to work with many of these students throughout their ASU Law career and want to recognize this achievement despite not being able to in person. 

Haley Augur 

Jennifer Carstens

Colleen Contreras

Michael Corrente

Alexander Guirguis

Andrew Hensley

Katelyn Hilde

Andy Himebaugh

Walter Johnson

Christina Jovanovic

Lila Mayson

Marisa McNally 

Oluwasegun Muse

Sarah Pook 

Elliot Reese

Rachel Richman 

Dallin Robinson

Morgan Stevens

Samuel Turner

Christopher Underwood

Ashley Violet Cheff

Daniel Weiss

William Welch

Benjamin Yeager 

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Jurimetrics Student Wins the 2020 Ross-Blakley Law Library Award for Exemplary Student Research

The Ross-Blakley Law Library recently announced that Jurimetrics Senior Article Editor, Brent Bihr placed first in for Exemplary Student Research. Bihr, a second year student, focused his award-winning paper on Dark Patterns, Warcraft, and Cybersex: The Addictive Face of Predatory Online Platforms and Pioneering Policies to Protect Consumers. 

Speaking to Ross-Blakley Law Library, Bihr said “One lesson I learned from this process was that to be effective and creative in researching and crafting arguments, it helps to cast a wide net. As I was exploring my topic, I stumbled across comparisons between internet addiction and tobacco and opioid litigation. This led me to articles like A Sociolegal History of the Tobacco Tort Litigation, which helped me identify new arguments and defenses, and allowed me to draw parallels in my argument.”

Bihr started his research by reading about behavioral addiction theory, internet addiction, and how online platforms create an addictive experience. After building his basic knowledge, he looked into various psychology research, and journalism that provided him with a variety of sources about the addictive nature of online media platforms. Bihr also analyzed case law that had an effect on his topic, where he found many cases that were based on claims of negligence and intentional tort. He then shifted his discussion to reach additional causes of action, and legislative and regulatory solutions, where he read proposed legislation and press releases from members of congress who were supporting policies to curb internet addiction.

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A Word from Professor Marchant

This is usually the happiest and proudest time of the year at our law school as faculty, staff and fellow students congratulate our graduating students. This is the culmination of three long years of hard work, endless study, challenges met and overcome, professional and personal growth, and hopefully many cherished memories by our graduating class. We look forward to celebrating their achievement and bright future at our annual law school commencement ceremony, and in a reception we hold for our Center Scholars, Law, Science & Technology certificate recipients, and graduating Jurimetrics editors. But of course this year is different. Because of the COVID19 pandemic, we cannot hold these in-person events to honor and applaud our graduating students.

But these practical obstacles do not change our deeply felt pride and delight we feel for our graduating students’ achievements, and hopefully does not diminish those students’ appreciation of their own accomplishments and this important milestone in their professional career. To celebrate these graduating students’ accomplishment, we will be running a series of blog posts highlighting some of our outstanding Center graduating students.

But let me kick off this celebration of the Class of 2020 by extending my personal
congratulations to all the graduates – it has truly been a joy and honor to work with so many of you both in the classroom and in our various Center research projects and events. This is a time of extraordinary change and growth in how technology affects law, and how law is challenged to manage technology. Take the current COVD19 situation, for example, which involves many of the issues we work on. Our annual April workshop on regulation and reimbursement of diagnostics, which this year has been
postponed to December and extended to two days, will address the regulatory issues relating to coronavirus testing. Our ongoing work on artificial intelligence and healthcare will address the balance between using AI to more quickly identify and develop potential COVID19 interventions while also ensuring their safety and efficacy. Our work on “deep fakes” is being extended to ask whether we can better control false information about important topics such as COVID19 from proliferating on the
internet while also protecting free speech. How can we use location-based apps to track coronavirus transmission while also protecting persona privacy? And finally our work on genetics and disease susceptibility is examining how genetic differences in coronavirus susceptibility and using genetic changes in the virus to trace transmission and exposure will have regulatory and liability implications.

I list these examples to make the larger point that virtually every legal issue we will face in the future, whether in the short-term with the current emergency and longer-term with the many challenges and opportunities that will steer your career, will have a significant technology and science component. And vice versa, every scientific, technological, and medical advance will present novel legal issues. We hope that the training and experience we have provided you on the intersection of law,
science and technology will make you well-positioned to address effectively the many opportunities and challenges you will encounter in your career. We look forward to staying in touch with you, and learning from your experiences and accomplishments. But for now, a heartfelt congratulations on finishing your JD journey, and we all wish we could be there to congratulate you in person

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eDiscovery 2020: Rewind on Day 1

The 9th Annual ASU-Arkfeld eDiscovery Law and Technology Conference kicked off its first day today, and was packed full of exciting and informative sessions. The eDiscovery conference focuses on the practical and emerging issues affecting the practice of law in the digital age.

Today, attendees sat through multiple concurrent and plenary sessions discussing these issues and were involved in the informative discussions afterward.
Starting the conference off, Keynote Joel Wallenstrom presented the first speech of the two day session, with his presentation “Do your Employees Trust You? Should They? Do you Care?” 

Wallenstrom is the CEO and President of Wickr and is a world-renowned security expert. He has led top white hat hacker teams responding to some of the most high profile incidents in the past decade. Wallenstrom discussed the impact end-to-end encryption can have on companies that have employees utilizing these apps. 

Other speakers throughout today include Michael Burg from Zillow and Aneesh Mehta from Microsoft, to discuss eWork and the platforms popping up promising to make our work lives easier. They discussed what to look for when adopting a new platform into your workplace as well as data storage for high ranking programs like Slack, Microsoft Teams and more.

If you were unable to make it to our eDiscovery conference stay tuned for our eDiscovery series, where we will dive into various panels and presentations we have at the conference this year.

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LSI Center Community Board Meeting Rewind

The annual LSI Community Board Meeting was last Thursday, March 5, where students, faculty and friends of the Center gathered to listen to various presentations discussing the research and projects that are pertinent to the science community. 

Yvonne Stevens discussed facial recognition technology, its uses, and the data security that comes with this updated identification system. In her presentation Stevens discussed that facial recognition can be used to identify suspects for law enforcement, retailers, social media, churches, casinos, etc. The possibilities for this technology is endless, with retailers discussing using this recognition to identify shoplifters and reactions to displays. But there are rising issues as well, Stevens mentioned that it could be unreliable and biased, bring in negative matches, and be used for decit. There is also little to none federal regulations for this technology as well. 

Brad Allenby presented on AI cognitive infrastructure, discussing the technology’s ability to process information, retain memory and much more. There are endless possibilities for uses for Artificial Intelligence, with problem solving, system integration, and much more on Allenby’s list of uses. Allenby also discussed the ecosystem of cognitive artificial intelligence, and how each section, data economy, institutional & services infrastructure and cognitive infrastructure, play into each ecosystem. 

 Also presenting, Kaylee Hoffner discussed the Soft Law Regulation of Artificial Intelligence. Working with Faculty Director Gary Marchant, Center Director Josh Abbott as well as Carlos Ignacio Gutierrez and Morgan Stevens, the team sought out to identify today’s soft AI law mechanism landscape. In their observations, they found that there were around 1400 soft law regulation documents/ mechanisms, and found 15 common themes identified and under review. These mechanisms identified were led by the government, private sector and non-profit participants. They also analyzed the mechanisms for enforceability and influence as well. Hoffner also identified the types of mechanisms found as well as the soft law themes. 

The Center for Law, Science and Innovation hosts many events and conferences, to keep up with our events follow our social media and blogs to see what’s next!

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Diana Bowman Featured on Panel for the Public-Private Partnership Conference and Expo

Dr. Diana Bowman spoke on a panel held during the Public Private Partnership Conference and Expo, held Tuesday March 3, 2020. Bowman spoke on the B. Regional Spotlight in Mobility Innovation (and Collaboration as the new form of Competition) Panel where they discussed the future of mobility and new forms of partnership that seek to make Phoenix the leaders in mobility across the U.S.  Through partnerships with Governor Ducey, the Arizona Commerce Authority, ASU and others, the greater Phoenix area is driving innovation as a smart region. Recently announcing funding to support Smart Highways and rural fiber deployment for long haul AV freight, as well as a focus on mobility innovation while involving a new approach to governance with public and private industries at the Connective. Wanting to clear a path for private sector partnerships and investment, Arizona is moving “at the speed of business” according to Governor Ducey. 
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Register for eDiscovery Before Early Bird Discount Ends

Don’t miss the Early Bird Discount for eDiscovery that will end February 25, 2020! The Ninth Annual ASU-Arkfeld eDiscovery, Law and Technology Conference will be held March 11-12, 2020 and will cover important practical and emerging issues affecting the practice of law in the digital age. 

This year we are featuring wonderful speakers like Hon. Joy Conti, a federal district judge for the Western District of Pennsylvania, and Joel Wallenstrom  CEO & President, Wickr and many more leaders in emerging technology.

Come be a part of this thriving, nationwide community of professionals learning and sharing how technology is dramatically changing the practice of law. 

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Marchant and Singleton discuss ASU-Arkfeld eDiscovery on AZ PBS

Gary Marchant and Robert Singleton appeared on AZ PBS to discuss the technical implications of growing technology and the ninth annual ASU-Arkfeld eDiscovery conference. The conference, held in March, will discuss the issues affecting the practice of law in the digital age. During their interview Marchant, faculty director of the Center for Law, Science and Innovation and Singleton, the co-chair and director of eDiscovery and data management for Squire Patton Boggs, discussed the vulnerabilities that arise when lawyers are not knowledgeable on developing technologies.
“Homeland security has warned that one of our biggest vulnerabilities is law firms themselves. Because law firms get a lot of this confidential information from their clients, and they are run by who? Lawyers..” Marchant said, “And so these law firms are incredible risks traditionally and they are now being hacked more and more because they don’t  have the right data security that maybe a big company might.”
The rise of personal data retention is also cause for privacy concerns as users are now generating way more data than before, something Marchant says lawyers need to take into account.

“We all are generating all of this data now, from all these different devices and technology: in our houses, in our cars, on our wrists, all of that now becomes fair game if you are involved in a lawsuit.” Marchant said, “Today now because people participate on social media and talk about what they are doing, their phones are tracking them and how fast they are moving. Now anybody involved in a lawsuit is gonna have data produced that is very private.”

Next month, the eDiscovery conference will bring in jurists, attorneys and technology experts from around the country to discuss these issues and bring in solutions.

“The conference is really driven by the fact that as technology is evolved the law has not kept up.” Singleton said, “So we are reaching out to practitioners to discuss the evolution of  technology, the impact it has on the law and how as lawyers, we need to keep up in our practices so that we are able to better advise our clients.”

To watch the episode of Arizona Horizon, click here

To sign up for the eDiscovery conference, click here

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