Can Large Companies Own Human Genes? The Supreme Court Says No…Yes…Well Maybe…It Depends.

By Tyler P. Hite This summer the Supreme Court handed down a unanimous 9-0 decision invalidating Myriad Genetics’ patent of the human genes BRCA1 and BRCA2 found in deoxyribonucleic acid (DNA), but validating Myriad’s genetic patents of synthetically created composite deoxyribonucleic acid (cDNA). The Court’s reasoning hinged upon the fact that human genes found in DNA are “naturally occurring” and thus not eligible for patent, even though isolating human genes from DNA severs naturally occurring chemical bonds, thus altering but not re-creating anything new. cDNA, which the court deemed to be synthetically created from DNA by lab technicians, is created from naturally occurring DNA through a process which splits the DNA double helix and allows lab technicians to isolate specific genes for study, manipulation, and use. The Supreme Court’s decision allows for the patent of human genes that are deemed “not naturally occurring,” even though “the nucleotide sequence of cDNA is dictated by nature, not by the lab technician.”

Review of “Transfer of Nuclear Technology Under International Law: Case Study of Iraq, Iran and Israel”

Reviewed by: Matt Galante Summary: The author provides an excellent summary of the international law framework guiding the safe transfer of nuclear technology for peaceful purposes between nation states. The author discusses the many benefits and uses of nuclear technology and the importance of sharing such technology throughout the world. The author focuses her legal analysis on the substantive components of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the standards outlined by the International Atomic Energy Agency (IAEA). The book ends with an examination of case studies involving the use of transferred nuclear technology in Iraq, Iran, and Israel.

The Evolution of E-Discovery Model Orders

By: Daniel B. Garrie and Candice M. Lang Abtract: This article analyzes the Federal Circuit’s Model Order regarding E-Discovery in patent cases (the “Model Order”). The article (i) briefly describes the purpose behind the Model Order, (ii) describes its key provisions, and then (iii) analyzes the Model Order to identify some areas of continuing concern. The authors conclude that, while it is beyond refute that the Model Order is a step in the right direction in the courts’ efforts to control and manage e-discovery, the Model Order is only a first step. In this regard, several problems, as set forth below, can potentially arise when counsel or the courts use the Model Order. It is hoped that this article will encourage judges, litigants, and other interested parties to continue trying to solve some of the still troubling aspects of e-discovery and e-discovery abuse.

The Quasi-Autonomous Car as an Assistive Device for Blind Drivers: Overcoming Liability and Regulatory Barriers

By: Dana M. Mele Introduction: The concept of a self-driving car is no longer the stuff of science fiction. From as early as the 1960s, engineers have worked on designs for autonomous vehicles. However, in 2004, two challenges were extended that catapulted the race into hyper-drive. The Department of Defense (“DoD”) Defense Advanced Research Projects Agency (“DARPA”) issued the first DARPA Challenge, asking engineers to compete to create an autonomous vehicle that would contribute to research and development of autonomous vehicles for military purposes. In the same year, the National Federation for the Blind (“NFB”) announced a challenge to create another type of vehicle using cutting edge intelligent technology—a car designed for blind drivers.

U.S. Export Controls Over Cloud Computing: The Forecast Calls for Change

By: Ryan M. Murphy Introduction:  Are you violating United States export law when you click “save” on that document? Exactly where does that file go? For some, it may travel to a server within their company’s building, but for an increasing population, that file goes “into the clouds” and out of the country. If you use a service provider to host e-mail or store data, it’s important to understand the type of data you are storing and where that information is located. Many cloud providers utilize a vast array of servers, referred to commonly as “clouds”, located all over the world.  These servers are connected and work together to provide a seamless hosting environment for users.  A significant export control issue arises when the data stored on a cloud falls within the type regulated by the Export Administration Regulations (“EAR”), and it’s sent to a server in another country. If so, you may have just unknowingly exported your data and become subject to government regulation.

Review of “Reframing Rights: Bioconstitutionalism in the Genetic Age”

Reviewed by: Brianne Yantz Book by: Sheila Jasanoff, et al. Abtract: Reframing Rights: Bioconstitutionalism in the Genetic Age assesses the evolving relationship between science and the law. Specifically, the authors focus on how advances in biological sciences and biotechnology in the last century have promulgated changes regarding the legal conception of life and individual rights. Told through a series of case studies, Reframing Rights argues these changes in law and science should be considered "bioconstitutional." Topics such as sterilization, DNA testing, and xenotransplantation are among those examined and argued by the authors as demonstrative of constitutionally significant changes that have developed between individuals, science, and the state in recent decades. With such considerable changes, the authors contend, the law must constantly evolve to maintain the balance between individual rights and state authority.

State of Emergency: Accessibility to Emergency Communications for the Disabled in Metropolitan Areas

By: Christopher Tommarello This article examines the discrepancies between the ADA and emergency communication systems in the United States, specifically New York City, and highlights the need for the law to be amended to require that as new technology is created for emergency communications, adaptations be made to continue accessibility for those with disabilities. The rise and use of emergency call boxes in New York City, coupled with the Civic Association case, demonstrates that without a major change to the ADA it is possible that certain individuals with disabilities will be unable to communicate with emergency services in the future. Changes must be made to afford all individuals the ability to access emergency communication devices. No individual should be concerned about whether he or she will be able to access emergency services during an emergency simply because of a disability. Instead, all individuals should feel secure knowing that in the time of need they are able to access those who can provide help and ultimately relieve a stressful situation.

Welcome to the JOST Blog!

Starting in Fall 2013, the JOST Blog will be home to a new article every week from current members on current events in the world of science and technology law.  If you are interested in being a guest blog author, you can contact our blog editor at jost@law.syr.edu

Review of “Navigating Climate Change Policy: The Opportunities of Federalism”

Reviewed by: Carly Wolfrom Book by: Edella C. Schlager, Kristen H. Engel, and Sally Rider, eds. Abstract: Because of climate change’s inherently global nature, most proposed solutions have been tailored to a global scale. Navigating Climate Change Policy: The Opportunities of Federalism challenges the idea that because climate change is a global issue, only actions on a worldwide scale can lead to a resolution. It considers the perspective that since climate change itself has both global and local causes and implications, the most effective policies for adapting to and mitigating climate change must involve governments and communities at many different levels. The editors and authors feel federalism is well-suited to address the challenges of climate change because it permits distinctive policy responses at a variety of scales. This book uses a variety of viewpoints and blends legal and policy analyses to provide thought-provoking coverage of how governments in a federal system can cooperate, coordinate, and accommodate one another to address climate change.