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Statements posted on this blog represent the views of individual authors and do not necessarily represent the views of the Center for Law Science & Innovation (which does not take positions on policy issues) or of the Sandra Day O'Connor College of Law or Arizona State University.

Bits, Bots & Biomarkers

Blog of the Center for Law, Science and Innovation
at the Sandra Day O’Connor College of Law at
Arizona State University

Ginsburg’s decades on high court included numerous Arizona rulings

Mourners line the Supreme Court with flowers and cards to honor Ruth Bader Ginsburg. (Photo taken by Claire Chandler) In a 27-year career on the Supreme Court, Justice Ruth Bader Ginsburg wrote more than 200 opinions and countless dissenting opinions that were known for the sharp language that made them one of her trademarks. Any case before the Supreme Court has national impact, but a fraction of cases the court decided during Ginsburg’s tenure directly affected Arizona. Some she wrote, others she dissented from. Cronkite News reviewed the Arizona opinions – in the majority and minority – from Ginsburg, who died Friday due to complications from metastatic pancreatic cancer. Arizona v. Evans, March 1, 1995; 7-2, Ginsburg dissents The court held that the state could use marijuana evidence against a Phoenix man whose car was searched based on an outdated warrant. The majority said a “clerical error” on the warrant that let the

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ASU Law students gain paid summer employment, invaluable career experience through innovative ‘Smart State’ initiative

When summer employment opportunities were postponed or canceled for students of the Sandra Day O’Connor College of Law due to COVID-19, faculty quickly stepped in to provide unique, paid internships and externships. For Diana Bowman, ASU Law’s associate dean for international engagement and co-director for the Center for Smart Cities and Regions, that meant creating a real-world, practical experience for students to give them valuable, hands-on skills that they can carry forward into future careers. Bowman is ASU’s lead on The Connective, a collaboration of ASU, the Maricopa Association of Governments, the Greater Phoenix Economic Council, the Institute for Digital Progress, and the Partnership for Economic Innovation. Working with the Arizona Commerce Authority (ACA), The Connective and ASU, Bowman and the team developed an intensive program that ultimately brought onboard14 students. “When I think about smart cities, and this is how I framed it for our students on day one, what we

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Bowman Joins Panel to Discuss the Future of Mobility

The ASU Convergence Lab and the Instituto Mexicano Para la Competitividad is hosting a zoom panel to discuss the La Movilidad Urbana del Futuro, or Urban Mobility of the Future. Dr. Diana Bowman is part of a three-person panel, discussing how this year will change the future of mobility. Also included on the panel is Fátima Masse, project coordinator, Instituto Mexicano para la Competitividad and Ram Pendyala, director, ASU School of Sustainable Engineering and the Built Environment.  This event will explore how the pandemic and climate change are affecting the future of mobility in cities, as more areas are reopening after shutting down to prevent the COVID-19 virus from spreading.  “As cities roll out and begin to implement their reopening plans,” the invitation says “we find ourselves at a crucial moment to examine and rethink the inequality blueprinted into the roads, tunnels, sidewalks and bus stops of urban areas like

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Artificial Intelligence Is Making Its Way into Fertility Clinics

Walter G. Johnson is a research project coordinator at the Sandra Day O’Connor College of Law, where he received his J.D. in 2020. He also holds a Master of Science and Technology Policy (2017) and B.S. in Chemistry (2015) from Arizona State University. Walter’s research covers regulatory policy and governance for various emerging technologies and his writing has appeared in forums such as the Food & Drug Law Journal, the Washington Post, and the Journal of Law & the Biosciences.  Read more about his research on AI and Fertility Clinics here: 60 Jurimetrics J. 247 (2020). A lot has changed in the four decades since the first birth from in vitro fertilization (IVF). Many fertility clinics have opened, new methods have emerged, and well over 8 million people have been born through IVF or other assisted reproductive technologies (ARTs). In the last several years, even more changes have become possible –

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New Deadline: Hoffman Fellow Position Open

The World Economic Forum and The Thunderbird School of Global Management are seeking two Hoffman Fellows for a two- year appointment, with an extended deadline of August 10th. The Fellows will be working on addressing the possibilities and challenges posed by the rapid technological innovation. Working with the Forum’s Center for the Fourth Industrial Revolution and the ASU Law and Global Management Schools, the Fellows will also work on initiatives to tackle policy and governance challenges related to the application of emerging biotech in precision medicine and healthcare. This unique position offers an opportunity for a mix of research and applied policy work while participating in projects that explore the policy and governance challenges emerging bio technologies face. With the future of healthcare being transformed by the technological advances around the world, this fellowship will have a strong international focus. The Fellow will work with the C4IR, Thunderbird and ASU

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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

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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

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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.  Share on facebook Share on email Share on twitter Share on linkedin

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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.

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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

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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

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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

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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. Share

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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.  Sign Up Here Share on facebook Share on email Share on twitter Share on linkedin

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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

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Marchant elected as a fellow of the American Association for the Advancement of Science

Faculty Director Gary Marchant recently received the honor of becoming a fellow of the American Association for the Advancement of Science, after being elected in by his peers. AAAS has stated its mission to “advance science engineering and innovation throughout the world for the benefit of all people.”  There were 443 honorees this year, across 24 categories, with Marchant selected to be one of eight fellows named in the Societal Impacts of Science and Engineering sector. “AAAS is the world’s largest scientific organization, so it’s a nice honor to be recognized by such a prestigious group,” Marchant said in his ASU Now interview. Marchant has led the Center for more than 20 years, with ASU Law Dean Douglas Sylvester saying, “Professor Marchant is the reason ASU Law has been at the forefront of law, science and innovation. He has long been recognized as one of the preeminent scholars in his

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Bowman Discusses How The Valley Evolved Into The Nation’s Largest Smart Region

Diana Bowman discussed The Collective to AZBigMedia, as well as how the Valley became the nation’s largest smart region. The connective infrastructure means that data and technology are utilized in the most efficient capacity and capability to improve and enhance the quality of life as well as economic development, etc.  Bowman discussed the need for a smart system transportation system that allows a system that doesn’t stop a municipal boundaries.  She says, “When I wake up in the morning, wake up in the City of Phoenix. When I go to work at the Tempe campus, I cross a jurisdictional border. Most citizens in Greater Phoenix cross-jurisdictional boundaries every day — whether they know it or not. To have smart system transportation that only operates in Tempe or Phoenix (independent of one another) makes no sense. Having an intra-operable system allows a seamless flow of vehicles and people.” Talking about The

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First Interest Group of 2020 Focused on Ethics in Human Gene Editing

Last week was the first installment of the Gene Editing Interest Group lunchtime talks. Speakers Timmy Lee, Adam Lunceford and Sara Selvaraj discussed ethics in human gene editing and the role that CRISPR is playing in the conversation. Recently CRISPR has been at the forefront of these discussions due to various cases worldwide of gene editing without an agreement on ethical standards when it comes to gene editing humans.  Join us on Tuesday, February 18th for a discussion on Intellectual Property and Gene editing where A.J. Gilman, Miles DeCoster and Katelyn Hilde will share their thoughts on the matter, RSVP here. Share on facebook Share on email Share on twitter Share on linkedin

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Workshop on the Governance of AI through Soft Law

On January 10th, 2020 the Center for Law, Science and Innovation hosted a workshop in ASU’s Washington DC’s office with 30 representatives from academia, the private sector, and non-profits to discuss the relationship between soft law and artificial intelligence (AI). This activity was funded by a grant from the Charles Koch Foundation. The workshop’s objective was to examine the historical role of soft law in the governance of important issues in varied contexts such as: environmental policy, biotechnology, nanotechnology, and information and communication technologies. This information provided participants with background information as to how soft law mechanisms have been used to complement the regulatory approaches to emerging technologies and informed their discussion on its relevance to AI. Subsequently, the Center presented its project to compile existing soft law mechanisms directed at AI. This effort is aimed at understanding how government and non-government entities engage in soft law approaches to govern

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LSI Center Hosting AI & Healthcare and Human Gene Editing Interest Groups

The Center For Law Science and Innovation is hosting two new series of lunch CLE programs this spring, AI and Healthcare and Human Gene editing. Starting next week, participants who RVSP can attend these lunchtime meetings for CLE credit, with talks scheduled to start at the law school noon in room 550. RSVP here: AI and Healthcare Human Gene Editing Questions? Please contact Josh Abbott at Josh.Abbott@asu.edu Share on facebook Share on email Share on twitter Share on linkedin

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GETS Call For Abstracts

                                             Join us!                                    May 27 and 28, 2020 The Center for Law, Science and Innovation is currently looking for abstracts for the Eighth Annual Conference on Governance of Emerging Technologies and Science (GETS.) This conference will consist of plenary and session presentations and discussions on the regulatory, governance, legal, policy, social and ethical aspects of emerging technologies. These emerging technologies include: National Security Autonomous Vehicles Synthetic Biology Biotechnology Autonomous Weapons Systems Digital Health Virtual Reality Nanotechnology  3D Printing  Gene Editing  Genomics  Personalized Medicine  Human Enhancement  Blockchain  Quantum Computing  Robotics  Artificial Intelligent  Internet of Things  Neuroscience Telemedicine  We are currently accepting abstracts for proposed presentations. Those submitting abstracts need not provide a written

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IPKat Names Patent Remedies and Complex Products the Best Patent Law Book of 2019

The teaching aid blog for Intellectual Property Law, IPKat has named the Patent Remedies and Complex Products the Best Patent Law Book of 2019, over 3 other books in the category. Through a collaboration of twenty legal scholars in eleven countries, Patent Remedies and Complex Products provides a consensus on the use of these remedies for products such as smartphones, computer networks and the Internet of Things.   The Law Science and Innovation center has worked on Patent Remedies and Complex Products as a project for several months and released it in 2019. The book covers the application of monetary remedies, as well as injunctive relief and also explores the effect of competition laws and agreements to license standards-essential patents on terms that are ‘fair, reasonable and non-discriminatory’ on patent remedies.  Find the book here. Share on facebook Share on email Share on twitter Share on linkedin

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Marchant Presents on Liability in Clinical Genomics at Columbia

Faculty Director Gary Marchant spoke at the Seminar on Ethical, Legal and Social Implications of Genetics last month. He elaborated on the question “Can Liability Improve Clinical Genomics?”  One of the major roadblocks to the success of clinical genomics has been identified as the failure of healthcare providers to utilize genomics. Marchant’s presentation critically evaluated whether medical malpractice liability could improve the appropriate and accurate uses of genomics by providers. His presentation discussed the frequency of legal errors in clinical genomics, the impact of potential liability on behavior change and deterrence, potential adverse side effects of litigation and more.  Other presentations for this Seminar will be held in the coming months, with speakers from the Hastings Center, UPenn, UCLA and Bard College.  Share on facebook Share on google Share on twitter Share on linkedin

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Bowman quoted in Phoenix Business Journal on Smart Cities

Diana Bowman was recently quoted in a Phoenix Business Journal article about Smart Cities. The article, “Greater Phoenix Cities Lead the Way,” discusses the implementation of smart city technology and the challenges that could arise. Bowman is quoted discussing the aspects of the smart city evolution and how jurisdiction comes into play.  She offers some examples of designing infrastructure that supports autonomous vehicles to promote independence in an aging population, or how access to the internet opens up job opportunities and could educate young children. To her, infrastructure is critical to the growth of smart cities, saying, “I would argue that the infrastructure should be viewed as the enabler for the delivery of services and opportunities that will drive quality-of-life improvement and promote, for example, sustainability.” Bowman is also quoted discussing the Greater Phoenix region’s efforts in implementing smart city technology, also how each challenge that our area is facing,

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Faculty Director Gary Marchant to speak on Clinical Genomics at Columbia

Gary Marchant will speak at the Columbia University Center for Science and Society mid-December discussing how liability could possibly improve clinical genomics. Marchant’s presentation will critically evaluate whether medical malpractice liability can improve the appropriate and accurate use of genomics by providers. Check out more about this presentation here.

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Phase Two Report on Reducing Fuel Consumption Co-Authored by Marchant Released

The National Academies of Sciences Engineering Medicine released the final report on Reducing Fuel Consumption and Greenhouse Gas Emissions of Medium- and Heavy-Duty Vehicles. This report was co-authored by Faculty Director Gary Marchant.  Medium and Heavy Duty trucks are a common way of transportation in every sector of the economy, and the report explores the fuel consumption and greenhouse gas emission legislative and regulatory action in the past few years as well as various ways to reduce the consumption of fuel and release of greenhouse gases. Check out the report here.

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Bowman, Maynard, Tournas and Johnson Release Gene-Editing Article on Slate

Diana Bowman, Andrew Maynard Walter Johnson, and Lucille Tournas co-released an article on gene-edited athletes this week. The article, appearing on Slate, discusses the new technologies that help athletes push boundaries and physical limits. The controversial CRISPR method has been employed to help design future athletes before they are even born. It is believed that within the next few years, children whose genomes have been altered could be born and feasibly be of age to compete in the 2040 Olympics. Gene-editing technology is developing very quickly, with scientists fighting to test gene-editing in humans despite the global memoritorim put on such testing. Athletes trying to find a genetic edge from their opponents is not a new concept, with the 2008 Summer Olympics being an example. Shortly before the competition, a scientist known for gene therapy research was contacted multiple times a day from athletes who were going to compete. The

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Register Now: The Future of Governing the Internet

The Center for Law Science and Innovation will be co-sponsoring an event on Technology in the Public Interest, featuring author Harold Feld. Feld is the Senior Vice President for Public Knowledge, one of the nation’s premier consumer advocacy organizations.  Feld wrote The Case for the Digital Platform Act: Breakups, Starfish Problems and Tech Regulation, which aims to guide policymakers on what government can do to preserve competition and empower individual users in “Big Tech.”This book explores how to address the challenges posed by the power of digital platforms. Feld will lead a community dialogue on the intersection of copyright, telecommunications and the internet.  This event will discuss the impact of Big Tech on our lives today, and will be held at the historic Grace Court School. Register here.

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Marchant and Stevens to Speak at Biosecurity Workshop

Gary Marchant and Yvonne Stevens are set to speak at a biosecurity workshop in early December. The workshop, held Dec. 5th -6th,  aims to foster awareness and create a conversation about the ethical, moral and social implications of biotechnologies and the risk they could bring to the environment, as well as public safety. Topics this workshop will cover include: Emergence of synthetic viruses DIY biology International collaborations and disaster preparedness The ethical standards in biotechnology Future biological security Discussions will be led by biosecurity practitioners, and will include Special Agents from the FBI headquarters and the FBI Phoenix weapons of Mass Destruction unit. Discussions will center around the ethical, legal and social implications of emerging biotechnologies and the importance of biosecurity. 2.0 CE points are available for attending the workshop, and there is no cost to participate. RSVP here. Share on facebook Share on email Share on twitter Share on

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Moving Beyond Animals: a Seminar on Non-Animal Research Methods

Amy Shelton of Shamar Advisors and the Physicians Committee for Responsible Medicine will be hosting an event focusing on non-animal research methods and human-relevant research techniques. Starting January 31, various expert speakers will present on the non-animal research methods used in their specific industry. Due to the advances in 3D and in vitro modeling, there have been great improvements in human disease modeling, drug development, toxicology testing and more. With the advancements, scientists are now integrating human-relevant methods into research to produce more reliable results. This is by using tissues-on-chips, 3D bioprinting, organoids as well as other in vitro and in silico models.  Kicking off the seminar will be a discussion on moving beyond animals with microphysiological systems and 3D Bioprinting, with speakers from Nortis Bio, Massachusetts Institute of Technology and Harvard. Topics for the rest of the seminar include re-evaluating the use of animal research for  bioengineering, in vitro

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