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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

Center’s AI governance research featured by premier intergovernmental organization

In a blogpost last week, the Organization for Economic Co-operation and Development (OECD) showcased work by ASU’s Center for Law, Science and Innovation (LSI) on soft-law governance of AI. The site OECD.AI published an article by Center Faculty Director, Prof. Gary Marchant, and Law Research Fellow, Dr. Carlos Gutierrez, entitled, “Soft law 2.0: Incorporating incentives and implementation mechanisms into the governance of artificial intelligence.” In the article, they describe how stakeholders can use soft-law mechanisms to respond to the rapidly-changing developments in AI technologies, and they explain that one key to success lies in crafting incentives and mechanisms that work. For more on this pioneering project, which was made possible by a grant from the Charles Koch Foundation, visit the website at https://lsi.asulaw.org/softlaw.

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Public Briefing: Technologies for Improving Fuel Economy of Light-Duty Vehicles

Faculty Director Gary Marchant will be leading the public briefing on Technologies for Improving Fuel Economy of Light-Duty Vehicles today on Wednesday, March 31, 2021. Marchant is the chair for the report being presented at the briefing session, and will discuss the key findings and recommendations from the report at 3:30-4:30pm ET. The National Academies of Sciences, Engineering & Medicine is hosting the briefing, to discuss the technological innovations that can lead to the decrease in greenhouse gas emissions, and electric vehicle costs. During the 2025 and 2035 timeframe, it is expected to bring huge changes to the cars and trucks we drive. These developments will change how the vehicle industry designs, manufactures and markets their new cars and trucks, as well as how consumers buy and use their vehicles. With this change, federal, state and local governments will need to follow the technological growth and plan for the future’s

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LISTEN: LSI Director Josh Abbott Discusses Deepfakes on Regulatory Transparency Project’s Fourth Branch Podcast

Listen here The Center for Law Science and Innovation’s Executive Director Josh Abbott recently sat down for a discussion on The Federalist Society’s Fourth Branch Podcast for the Regulatory Transparency Project. Abbott discussed the potential harms deepfakes could bring with leading industry experts. The discussion was moderated by Kathryn Ciano Mauler, Product Counsel at Google.  Bobby Chesney, the James A. Baker III chair in the Rule of Law and World Affairs and associate dean for Academic Affairs at the University of Texas at Austin School of Law and Matthew Feeney the  Director of Project on Emerging Technologies at the Cato Institute joined Abbott for the deepfake episode.  One of the hot topics in technology is the development of deepfakes and the potential for abuse. This can raise cause for concern as the technology adapts to become more realistic. But what is a deepfake? Feeney describes the technology “as a set

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LSI HIGHLIGHT: Bowman Article on City Digitalization & Innovation Agendas Beyond COVID-19

Joshua Sortino Unsplash Dr. Diana Bowman recently published an article in The  Smart City Association Italy, discussing the digitalizations of cities and the future of innovation beyond COVID-19. Bowman published the article alongside Bas Boorsma, professor of practice, Thunderbird School of Global Management and Dr. Sanjeev Khagram, Foundation Professor of Global Leadership, Director-General and Dean, Thunderbird School of Global Management Arizona State University.  “Digitalization has helped us address COVID-19 systematically. If the pandemic had struck in the year 2000, the collective global response would have been months, if not years, slower, amplifying the virus’s grim consequences.” Digitalization and the technological advances helped address COVID-19 through global collaboration and communication, but in return COVID-19 also forced digitalization and urban innovation to accelerate. The article points out the communities that were prepared for the pandemic, also saw digitalization agendas and digital innovations propel them further.  The rapid development of this technology raises

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Marchant to Talk on Legal Aspects of Genomics in Clinical Practice

Faculty Director Gary Marchant is scheduled to discuss the legal aspects of Genomics in Clinical Practice next month. The National University Health System is hosting the discussion on March 2, 2021 at 7:30 am in Singapore via zoom.  As the practice of medicine starts to increasingly integrate genetics in the practice, even as genetics transition to genomics, clinicians must be aware of the list of legal issues raised by including genomics in clinical practice. Marchant’s discussion will build on a recent survey of genomic malpractice cases in the United States to discuss the legal issues that clinicians must be aware of relating to genomic medicine.  To register for Professor Marchant’s discussion on Genomics, register here.  Share on facebook Share on email Share on twitter Share on linkedin

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Marchant to Moderate Panel during the Emerging Areas of Science, Engineering, and Medicine for the Courts Workshop

Faculty Director Gary Marchant will moderate the Emerging Areas in Psychology, Data and Statistical Sciences panel during the Emerging Areas of Science, Engineering and Medicine workshop. The panel moderated by Marchant will be on the second day of the workshop, on February 25, 2021. The Psychology panel consists of Xiao-Li Meng, Harvard University; Rebecca Doerge, Carnegie Mellon University; Daniel Kahneman, Princeton University and Goodwin Liu, California Supreme Court.  The workshop is organized by the National Academies of Sciences, Engineering, and Medicine’s  Committee on Emerging Areas of Science, Engineering, and Medicine for the Courts: Identifying Chapters for a Fourth Edition of The Reference Manual on Scientific Evidence in collaboration with the Federal Judicial Center. The workshop planning committee is co-chaired by Judge Kathleen McDonald O’Malley (U.S. Court of Appeals for the Federal Circuit) and Dr. Thomas D. Albright (Salk Institute for Biological Sciences).  The workshop will feature moderated panel discussions on: 

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Register now for the 10th Annual ASU-Arkfeld eDiscovery, Law and Technology Conference

The 10th Annual ASU-Arkfeld eDiscovery Conference will look a little different this year, like many events it is being held virtually on zoom while still offering the same factors that make this conference unforgettable. Join on March 11, 2021 for two terrific sessions, a Judges Panel and a panel on AI and the Practice of Law. Speaking on the AI panel is Director of the LSI Center, Gary Marchant, with many other panelists who are excited to share their expertise. Register for Free Check out Center Director Gary Marchant and Robert Singleton discuss last year’s ASU-Arkfeld eDiscovery event and the issues surround technology and law here.  Share on facebook Share on email Share on twitter Share on linkedin

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Bowman and Papa discuss The ShapingEDU Winter Games

Over 1,200 athletes, and 80 coaches spread across 6 continents joined the ShapingEDU Winter Games early January to drive conversations and plans to shape the future of living and learning. Dominic Papa, Arizona Commerce Authority’s vice president for the Smart State Initiative, said the motto for the Games early on was “collaboration is our next competitive advantage.” Events ranged from discussing the future of sports and entertainment to a “Heart of Inclusion fireside chat.” Many discussions centered around improving aspects of life in the present and future. “When I talk about smart cities and smart regions, I actually never talk about the technology,” said Professor Di Bowman, associate dean of the Sandra Day O’Connor College of Law and co-director for ASU’s Center for Smart Cities and Regions. “It’s about improving their quality of life, however defined. Humanity is central to the work that we’re doing.” “We were tremendously excited for

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Smart & Resilient Communities: How Smart Cities Evolve In A Post-Covid World

The Thunderbird School of Global Management is hosting a panel discussion on the evolution of Smart Cities during a pandemic. The discussion aims to answer the question: “How does the phenomenon of a ‘smart city’ fit into larger sociological and technological traditions, trends and thoughts?” There are various drivers for the purpose of a smart community – environment, technology, ‘the citizen,’ and, in a post COVID-19 world more important than ever, resilience of communities. Joining Dr. Diana Bowman on the panel is Michael Pegues, chief information officer for the City of Aurora, IL; Phillip Thigo, director of Africa, Thunderbird School of Global Management; Jessie Feller Hahn, executive director, Meeting of the Minds and Ron Harris, chief resilience officer, City of Minneapolis, MN.  Register Here Share on facebook Share on email Share on twitter Share on linkedin

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2021 ShapingEDU Winter Games Rundown

It’s been a week since the first ever ShapingEDU Winter Games, and it was one to remember! Over the course of three days, participants joined panels, keynote speakers and breakout sessions centered around winter sports. The games are designed to surface the best in emerging approaches for shaping the future of smart campuses, cities and education — during and after the pandemic. Day 1: Kicking off the first day of the Winter Games, was the “Learning Futures: Designing the Horizon” Keynote was focused on the future of education post-pandemic. The speakers, all from the Mary Lou Fulton Teachers College, discussed the need to rethink teaching and learning environments during the pandemic. Dr. Sean Leahy, director of Technology Initiatives, discussed the challenges of a global disruption when it comes to teaching. Associate Dean and Professor, Dr. Punya Mishra explained that currently, we live in a world that is volatile, uncertain, complex

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Day 1 of ShapingEDU Winter Games

Yesterday was the first day of the ShapingEDU Winter Games, and it was a full day of panels and breakout sessions! Day 1 was focused on education post COVID-19 with the keynote focused on the future of education post-pandemic.

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There Is Still Time to Register for the Shaping EDU 2021 Winter Games!

There is still time to register for the ShapingEDU 2021 Winter Games! Starting Tuesday, January 5, join an international community of changemakers (educator leaders, smart city experts, students, faculty and technologists) engaged in a breadth of activities designed to surface the best in emerging approaches for shaping the future of smart campuses, cities and education — during and after the pandemi

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Bowman, Ludlow and Johnson Publish Article on “Three-Parent IVF”

Dr. Diana Bowman, Karinne Ludlow and Walter Johnson recently published an article on Slate, exploring the option of human genome editing in In vitro fertilization. The article, titled “‘Three-Parent IVF’ Might Open the Door to Human Genome Editing” discusses the research from Spain and Greece on mitochondrial donation that led to six pregnancies. The trial resulted with almost one-quarter of the 25 women enrolled successfully conceiving with mitochondrial donation.

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Study Reveals Factors Causing Serious Injuries on Victorian Roads

A study co-authored by Dr. Diana Bowman was released late November, revealing the major causes of injuries on Victorian roads. The Enhanced Crash Investigation Study (ECIS) examined over 400 seriously injured drivers, the factors and the severity of their crashes, all drawn from August 2014 to December 2016. The report, conducted by the Monash University Accident Research Centre (MUARC) and funded by the Transport Accident Commission (TAC), examined in forensic detail the factors of the crashes. Research nurses interviewed drivers and their families following their admission to the hospital and crash investigation teams inspected the scene of the crash and the vehicles involved.  The study found that those involved in the crashes were severely injured and needed extensive medical care, with the average number of days in hospital being 8.6, and 40% needing additional rehabilitation after being released.  MUARC Chief Investigator Associate Professor Michael Fitzharris discussed the factors that led

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Allenby on Weaponized Narrative During an Election

With the 2020 Election coming to a close, each side is throwing accusations of improper techniques to sway the outcome. With no full confirmation yet on who will be the President come January, discussions of weaponized narrative and the role it plays in politics have started to rise. Brad Allenby, co-chair of the Weaponized Narrative Initiative of the Center for the Future of War, at Arizona State University, sat down to discuss some aspects of weaponized narrative and the danger it poses to those unaware of its impact.    Allenby cites the high emotions weaponized narrative targets as a reason to why it is so effective, most of the topics used in those specific narratives are either highly controversial or emotional. This leaves people vulnerable to the manipulation of those pulling the strings behind the scenes.    This current election isn’t the first election to have allegations of weaponized narrative,

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Bowman and Johnson Discuss Possible Roadblock on Cutting Edge Reproductive Technologies

TUMEGGY/SCIENCE PHOTO LIBRARY/Getty Images Diana Bowman and Walter Johnson recently released an article on The Conversation discussing how the dispute over when life begins may block reproductive technologies. The nomination of Judge Amy Coney Barrett to the Supreme Court has brought the argument back into the spotlight as she has ties to an ad describing life as beginning at fertilization. Regulation of emerging reproductive technologies because of this belief is currently being watched by legal scholars as some pro-life groups disagree with the use of the technology. Medical journal Fertility & Sterility ran an editorial discussing the confirmation of Judge Barrett and the implications her appointment could have on restrictions for not only abortion and other reproductive rights but also IVF. One concern is the future legal decisions that could forbid clinics from discarding embryos, even the ones not viable for pregnancy, or a limit to the number of embryos

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Bowman Discusses Smart Cities in an Era of COVID

Author: Claire Chandler  The definition of Smart Cities and what it means to be a Smart City or region has shifted after the COVID-19 pandemic as many problems have come to surface that need to be addressed in order for a city to improve the quality of life and safety for its citizens. Last month, Dr. Diana Bowman talked with other industry professionals on two panels, to discuss how the pandemic has changed the way cities and regions should use technology to help its citizens.In a panel discussion for “La Movilidad Urbana del Futuro,” an event held by the Convergence Lab and the Instituto Mexicano para la Competividad, Bowman discussed her thoughts on Smart Cities after the pandemic.  “To me, when I think about a smart city,” Bowman said, “it is about how we improve quality of life for the citizens of that city and people who spend time in

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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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Prof. Aaron Fellmeth on Solar Trade Dispute

Faculty Fellow and Professor Aaron Fellmeth was recently interviewed about a trade dispute in the solar technology industry. Solar companies have requested new trade barriers on imported solar technology in a safeguard investigation before the U.S. International Trade Commission (ITC). Two U.S.-based solar panel manufactures argue that cheap imported solar technology is hurting their businesses. They have requested steep tariffs on all such foreign solar equipment. The ITC has found that cheap imports have harmed domestic companies, but the final choice of remedy will be up to President Trump. If tariffs are imposed, according to Professor Fellmeth, consumers will pay more for solar and the move may not benefit the domestic solar technology industry in the long run. There is no example in history of an industry that has prospered in the long run thanks to a safeguard measures. Read more about this issue and hear the interview with Professor

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Marchant Talks Genetically Engineered Food

Center Faculty Director Gary Marchant gave a presentation on Genetic Modification Labeling Laws to the North Carolina Biotechnology Center’s 2017 Biotech Roundtable: Gene Editing in Ag Biotech held in Research Triangle Park, N.C. on October 24, 2017. In his talk, Marchant reviewed the historic arguments for and against mandatory labeling of genetically engineered foods. He summarized provision of the National Bioengineered Food Disclosure Standard, which was adopted by Congress in 2016 and requires the U.S. Department of Agriculture (USDA) to finalize a national standard for disclosure of bioengineered foods by July 2018. Several key issues that the USDA is currently considering include: whether new techniques such as gene editing and RNA interference should be included; whether highly refined foods that contain no modified DNA or proteins should be included; and the threshold content triggering disclosure. The website for the Biotech Roundtable can be found here, where presentation materials from the meeting will

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Carpenter v. United States: Surveillance in the Connected Age

This article was written by Center Scholar Jordan A. Brunner. Jordan is a 3L at the Sandra Day O’Connor College of Law and Senior Executive Editor of Jurimetrics: The Journal of Law, Science, and Technology. In approximately a month, the U.S. Supreme Court will hold oral argument in Carpenter v. United States. The case, which involves whether law enforcement went too far in collecting cell-site location information (CSLI) over the course of 127 days, has potentially explosive consequences for the “third-party” doctrine in Fourth Amendment jurisprudence. I have written with a colleague at Lawfare about Carpenter within the context of potential implications for NSA surveillance under Section 215. Yet the impact of Carpenter on the Internet of Things (IoT), and its use by law enforcement, has thus far largely eluded the review of experts. I attempt to provide such a review below. To briefly recap for those who have not

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Prof. Jon Kappes on Picking the Right IP Law Program

Professor and Faculty Fellow Jon Kappes was quoted in U.S. News & World Report discussing opportunities for intellectual property attorneys and what to look for in law schools and legal education to maximize those opportunities. IP law, particularly patent law but also copyright and trademark, has in recent years become one of the most dynamic areas of the law. Among other things, Kappes advised looking for programs that participate in the United States Patent and Trademark Office’s Law School Clinic Certification Program. The Sandra Day O’Connor College of Law offers The Lisa Foundation Patent Law Clinic, which allows students to practice both patent and trademark law before the USPTO. You can read more of Professor Kappes’ comments here: Pick the Right Intellectual Property Law Program.

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Marchant Talks Emerging Tech with Appellate Judges

Center Faculty Director Gary Marchant was invited to give a 90-minute presentation to the annual conference of the Council of Chief Judges of State Courts of Appeal in Lexington, Kentucky on October 19. Marchant’s presentation on Disruptive Technologies and the Challenges of Being a Judge in a Rapidly Changing World focused on how judges must take a dynamic rather than static perspective in addressing the many emerging technologies now making an appearance in courtrooms. Judges increasingly face issues involving genetics, nanotechnology, high-tech surveillance, virtual reality, and artificial intelligence. Marchant used Justice Kennedy’s 2010 opinion in City of Ontario v. Quon as an exemplar. In that case, which dealt with the digital privacy of a city employee, Justice Kennedy wrote that courts “must proceed with care” when addressing rapidly developing technologies. [The] judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clear….

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Faculty Fellow Michael Saks’ Recent Talks on Forensic Science

Regent Professor and Center Faculty Fellow Michael Saks recently presented on forensic science at two prestigious events. On October 18, Saks spoke before an association of forensic scientists from Arizona, Utah, and Nevada at the Arizona Identification Council‘s 12th Annual Tri-Division Educational Conference. His talk, Building Forensic Science’s Scientific Foundation, explained what recent government– and discipline-sponsored reports found to be weaknesses in forensic science, what can be done, and the unusual barriers that have slowed progress in the field. On October 27-28, Saks spoke at a symposium on Experts, Inference, and Innocence hosted by the Seton Hall Law Review at Seton Hall University of Law. In his talk, The Disregarded Necessity: Validity Testing of Forensic Feature-Comparison Techniques, Saks described what he believes are the three possible strategies for trying to validate the forensic identification sciences, which he termed the black-box model, the DNA model, and the basic-research model.

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Marchant Co-authors Commentary on Human Gene Editing

Center Faculty Director Gary Marchant co-authored a commentary on the promise of CRISPR gene editing technology and the need for international collaboration to enable further research. Human Embryo Editing: Opportunities and Importance of Transnational Cooperation (free download available) was published in the latest issue of Cell Stem Cell. The first reported use of CRISPR on human stem cells in March 2015 has captured the imagination and concern of many. Marchant and a group of prominent international experts in science, medicine, and law point out the substantial scientific and medical benefits that CRISPR gene editing offers for understanding human embryo development and prevention of genetic diseases. [H]uman genome editing is progressing rapidly. Advances are forthcoming that will address the concerns associated with […] genome editing in medicine, [and] we must also recognize the enormous opportunity that this technology can bring to the basic understanding of biology. Marchant and the other co-authors call for

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Marchant Talks New Tech Challenges with California Judges

Center Faculty Director Gary Marchant recently spoke to the California Judges Association Annual Conference in San Francisco. Marchant’s talk, New Technology Intersects with the Old and New Law, addressed the challenges for judges presented by new technologies and scientific evidence. Today, courts must handle new types of technical, digital, genetic, and neuroscientific evidence. Even though most judges do not have scientific training, and usually do not have clerks or assistants with such expertise, they are increasingly being called upon to be on the front lines of dealing with new technologies. Judges must not only make decisions about admissibility under the Daubert or similar standards, but they must also consider fairness, prejudice, privacy, and authenticity issues often connected with these new kinds of evidence. Where legislatures and regulatory agencies cannot move fast enough to govern these rapidly emerging technologies, courts must often take the lead in handling pressing issues.

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ROSS Intelligence Pulls In Funds for Legal Research AI

ROSS Intelligence‘s mission – taking on the biggest names in legal research with artificial intelligence (AI) – just got an $8.7 million boost in venture funding. ROSS intends to outpace LexisNexis and Westlaw by using AI to assist attorneys with fast and accurate legal research. ROSS was founded in 2015 by Andrew Arruda, Jimoh Ovbiagele and Pargles Dall’Oglio at the University of Toronto. ROSS currently offers AI-assisted legal research tools focused on bankruptcy and intellectual property law, but intends to use its new funding to develop new product lines, like labor and employment law, and for market expansion. The Center for Law, Science & Innovation is excited to have ROSS attend our upcoming Legal Analytics Workshop and present before more than 40 law students and workshop attendees during Faculty Director Gary Marchant‘s Artificial Intelligence: Law, Ethics & Policy course.

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Diana Bowman on Responsible Research and Innovation in Nanotech

Faculty Fellow and Associate Dean of International Engagement Diana Bowman recently co-authored a paper on responsible research and innovation (RRI) in nanotechnology. Devices of Responsibility: Over a Decade of Responsible Research and Innovation Initiatives for Nanotechnologies, published in Science and Engineering Ethics, discusses and takes stock of the international efforts to guide the responsible development of nanotechnology. The paper reflects on the current state of RRI in nanotechnology and the tools of technology governance that have developed. Lastly, the authors propose avenues of further RRI research, development, and application.

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