BLOG POST: Controller in the Courtroom: The Struggle of Collegiate ESports Under the Athletic Banner*
*This writing is a blog post. It is not a published IPTF Journal Article. Noah DeRossi-Goldberg I. Working Without a Basic Understanding A. The Misstep of Navarro Decisions about Collegiate Esports are made without judges ever taking the time to pick up a controller.[1] A recent opinion by a Florida District Court has created a roadblock for any college seeking to establish a competitive, fully funded Esports program within their athletics department.[2] The Florida Institute of Technology (“FIT”) disbanded its men’s rowing team to comply with Title IX’s mandate that men’s and women’s sports receive equal funding.[3] In determining...
Transparency is a Misplaced Regulatory Focus for Holding Adaptive Software as Medical Devices (SaMDs) Accountable
Quy Mai Adaptive Software as Medical Devices (SaMDs) play an increasingly critical role within clinical settings, assisting physicians with illness detection, diagnosis, and analysis. Use of Artificial Intelligence/Machine Learning (AI/ML) techniques, such as deep machine learning and neural networks, lends adaptive SaMDs unparalleled analytical power, but not without risks. Adaptive SaMDs are typically “black-box,” meaning that they compute data such that no one can determine how it rendered outputs. “Transparency,” in the form of explainability, is frequently raised in policy discussions as a solution to track when the SaMD has erred in computing outputs. The FDA, in seeking to uphold...
Crime and Punishment: Holding Russia Accountable for Weakening Foreign Entities’ Intellectual Property Rights
Eliot Usherenko The Russian government has deliberately weakened intellectual property right protections for entities from “unfriendly countries.” Following Moscow’s invasion of Ukraine and the subsequent imposition of economic sanctions by the United States and its allies, the Kremlin launched policies targeting Western businesses as they withdrew from the Russian market. This Article analyzes three potential recourses—bilateral, multilateral, and non-governmental—impacted corporations and individuals could execute to hold Russia accountable for its discriminatory treatment. This Article argues that corporations should form partnerships with their respective governments to promote intergovernmental dialogue through mechanisms such as treaties, as well as undertake litigation in Russia’s...
BLOG POST: The Weak “Non-obvious” Patenting Requirement is Impeding Americans from Obtaining Affordable Pharmaceuticals*
*This writing is a blog post. It is not a published IPTF Journal Article. Sydney Closs A patent grants an inventor the right to exclude others from “making, using, importing, and selling” a patented invention for a specified period of time. 35 U.S.C. § 271. This right allows an innovator to enjoy a limited monopoly over an invention, providing important incentives for innovation. See 35 U.S.C. § 103. Under current patent law, there are five principal requirements for a new innovation to be eligible to receive a patent: (1) patentable subject matter, (2) utility, (3) novelty, (4) non-obviousness, and (5)...
For My Eyes Only: How to Protect Digital Diaries of Reproductive Data in a World Without Roe
Carolyn Zaccaro In 2022, the Supreme Court overturned Roe v. Wade with its decision in Dobbs v. Jackson Women’s Health Organization, leaving many individuals anxious about the future of their privacy rights. With millions of people using period-tracking apps, there is a massive amount of sensitive data at stake, including data that criminal prosecutors could use to criminalize people for seeking or having an abortion. Some people are better protected because of their home state’s data privacy legislation, but most Americans are left with no data privacy law protecting their sensitive data. In an era of sophisticated tracking technology, the absence of comprehensive...