Tag: regulatory

2022Technology Law

A Comparative Study of Nuclear Reactor Standardization Policy in the United States and France

Margaret Cooney As the United States moves to reduce its carbon footprint, nuclear energy has become an essential energy alternative to fossil fuels. The current U.S. nuclear fleet is aging and will soon be decommissioned, so building new reactors is essential for U.S. energy production needs. In building a new generation of nuclear reactors, the United States may consider looking to France for inspiration. France’s reactor fleet is highly standardized, meaning that there are only a few reactor designs. There are potential benefits and drawbacks to standardization in nuclear technology. Some scholars argue that a policy of standardization would lower...
2021Technology Law

Regulating the Unregulatable: The Digital Commodity Exchange Act’s Use- Based Approach to Cryptocurrency Regulation

Becky Powell Since the creation of Bitcoin in 2008, the cryptocurrency market has grown exponentially and remained relatively free from government oversight. Only within the last five years have federal agencies begun to regulate the risks the industry poses. Their response to date, though, has been piecemeal because they lack explicit, statutory jurisdiction over the industry. As a result, the cryptocurrency market faces several risks that threaten to derail its future growth. For one, the industry is a playground for criminal activity, including everything from money laundering to fraud to cyberattacks. The market is also extremely volatile, and consumers have...
2021Healthcare Law

The Case for Prohibiting the Sale of Individual Genetic Testing Data to Third Parties

Nathaniel Jaffe Genetic technology is getting cheaper, and millions of individuals are using direct-to-consumer genetic testing (DTC-GT) services. At the same time, the scientific understanding of genetics is improving, making sequencing information more valuable for predictive medicine, research, forensics, and many other fields. In turn, genetic information has become more valuable for third parties like insurers, researchers, and pharmaceutical companies. DTC-GT providers are in a position to provide increasingly low-cost services to a growing consumer base, while stockpiling data of increasing commercial value. The sale of genetic data threatens the privacy of the individuals who provided it and opens them...
2020Technology Law

The Reimagined Schoolyard: Cryptocurrency’s Adoption in Tomorrow’s International Monetary Order

Stephen Wilks This Article looks to specific periods in the socio-legal history of money to make a series of predictive statements about cryptocurrency’s contemporary impact. New forms of currency have been more consequential than simply solving narrowly defined problems. They have shaped relationships between technology and government’s expansionary aims to produce important structural arrangements – sometimes at the cost of disrupting incumbent ones. In the prehistoric era, commodity based forms of money gave way to metal coins and systems of exchange that facilitated trade expansion and would eventually express political power in their physical design. The large-scale circulation of paper...
2017PublicityTechnology Law

FTC Social Media Endorsement Guidelines: The Effects on Social Media Users and Business Owners

Jason Kim In the midst of heydays of social media, a social media user will inevitably face a product or service endorsement post in his/her social media feed or thread page. However, in the endorsement post, it is quite rare to see disclosure information as to whether the social media endorser has some kind of commercial relationship with the product manufacturer or service provider. On September 7, 2017 the FTC issued its first ever legal action against individual social media endorsers for posting endorsement posts without revealing their commercial relationship with the service providing company. This action by the FTC...
2016Healthcare LawTechnology Law

Data Exclusivity for Biologic Drugs: The TPP’s Potential Poison Pill?

Tina Cheung On October 5, 2015, after many years of secretive negotiations, the US government with 11 other countries across the Asia Pacific and Latin America reached an agreement on the largest free-trade deal in history, the Trans-Pacific Partnership (TPP). Addressing everything from wildlife conservation and tax reductions for agriculture, to the free flow of information on the Internet and intellectual-property rights for movies and pharmaceutical drugs, this far-reaching agreement has the potential to impact up to one-third of world trade. One of the most contentious parts of the agreement involves intellectual property rights of pharma companies to data exclusivity...
2015Healthcare LawTechnology Law

Telemedicine’s Opportunities and Risks; A Balancing Act

Robert Park Obstacles that can complicate successful implementation of telemedicine are the legal ramifications. Legal complications can include fraud and abuse, patient confidentiality, and compliance with state requirements. Violation of patient care can result in heavy fines, and in telemedicine, a recent case involving the Texas Medical Board and a Telemedicine company could heat up within the coming months. Because of these obstacles, healthcare organizations face an arduous journey to getting reimbursed for implementing telemedicine. Read Full Text Here