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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

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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Center welcomes two stellar new faculty fellows!

The Center for Law, Science & Innovation is thrilled to announce the arrival of two rising young stars to our already formidable cadre of Center Faculty Fellows: Karen Bradshaw Schulz and Troy Rule!  Karen Bradshaw Schulz Newly appointed Associate Professor of Law Karen Bradshaw Shulz joins us from NYU Law, bringing enormous energy to ASU Law and the Center. Her research focuses on governance of natural resources, with an emphasis on emerging regulatory approaches. She is an expert on wildfire law and has also written about land development and forest management. Troy Rule Visiting Professor of Law Troy Rule joins us from the University of Missouri, where he was awarded the Gold Chalk Award for Excellence in Teaching in 2011. His research on property law issues associated with renewable energy has been published in such journals as the UCLA Law Review, Washington University Law Review and University of Illinois Law Review. He teaches Property, Secured Transactions,

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THE WALKING DEAD: Death, Taxes & Zombies – REGISTER NOW FOR THIS “HAnHGHAMZHGaARnARng” (that’s “entertaining” in zombie speak) Event!!!

The NY Times heralds the author of Death and Taxes and Zombies, Adam Chodorow, Professor of Law at ASU’s Sandra Day O’Connor College of Law and a Faculty Fellow of the Center for Law, Science and Innovation, as having performed a valuable scholarly service by embarking on a playful examination of serious tax-code issues from a refreshing perspective. Read the NYT article here. Join Adam Chodorow and Ed Finn, director of the Center for Science and the Imagination, for a screening of The Walking Dead and a conversation about death, taxes and zombies.  Click below for more info.

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ANNALS OF HEALTH LAW – SPECIAL PUBLIC HEALTH LAW EDITION

Professor James Hodge, who heads the Public Health Law and Policy Program at ASU, recently announced that the Special Symposium Edition, Innovations in Public Health Law: Exploring New Strategies, of the Annals of Health Law, is now available online here.  In collaboration with the Beazley Institute for Health Law and Policy at the Loyola University Chicago School of Law, this Special Symposium Edition features outstanding scholarship from diverse authors across the field of public health law with a focus on innovative and concrete solutions to significant public health problems.  Here are the authors and links to their articles: Daniel S. Goldberg, Intervening at the Right Point in the Causal Pathways: Law, Policy, and the Devastating Impact of Pain Across the Globe; Lance Gable & Benjamin Mason Meier, Complementarity in Public Health Systems: Using Redundancy as a Tool of Public Health Governance; Clark J. Lee, Patrick P. Rose & Earl Stoddard III, Enhancing Communication Between Scientists, Government Officials, and

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Sparking Controversy: The TTIP and the Precautionary Principle

Wednesday, August 7, 2013 By Yvonne Stevens Four weeks ago in Washington D.C., European Union (EU) and United States (US) representatives began ardent negotiations toward what has been deemed by both sides to be a constructive and beneficial free trade agreement between the EU and the US. Reasons cited for the Transatlantic Trade and Investment Partnership (TTIP), as it is called, include significant economic gains by targeting sustained global economic restoration, job generation, competitiveness, and further economic development. Specifically, the TTIP seeks to promote more effective trade, transparency, and rapport by eliminating trade tariffs and reducing costs by harmonizing the standards, rules, and regulations of the two sides. The European Parliament Resolution on EU trade and investment negotiations with the U.S. (text B7-0187/2013), promoting the move toward a more robust integrated transatlantic marketplace, endorsed the measure. However, in what has come to very likely be the most controversial issue (potentially

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