By: Fei Hu and Aaron Mallin
Abstract: The authors of this paper discuss the patentability of medical methods and address the potential defects of the “physicians’ immunity statuteâ€. In order to preserve the merits and limit the drawbacks of the statute, this paper proposes replacing the statute by establishing a new “Medical Method Patents†regime. Possible new terms for this patent have been discussed and changes in patent examination procedure have also been introduced.Cell Phones and the Dark Deception
Reviewed by: L. Jeffrey Kelly
Author: Carleigh Cooper
Abstract: This book investigates the mystery behind non-ionizing microwave radiation, namely that emitted from cell phones. The discussion begins with defining the mystery and establishing provocative questions on the topic. Next, the author develops her search for answers to the questions by addressing the roles that the government and the cell phone industry play. The story continues to unfold by identifying the commonplace conception that cell phones are safe. Immediately following are multiple chapters reviewing the many and very specific health effects caused by non-ionizing microwave radiation. The book then explores the need to have expansive cell phone coverage resulting in a cell phone antenna or tower everywhere and on everything. Lastly, the book concludes with thoughtful recommendations, especially directed at parents and their young children.
2011-2012 JOST Editorial Staff
The Science of Identifying People by Their DNA, A Powerful Tool for Solving Crimes, Including Cold Cases From the Civil Rights Era
By Ju-Hyun Yoo
Abstract: In the United States, DNA forensics, or the science of identifying people by their DNA, has become an indispensable criminal justice tool as it helps to identify criminals, victims' remains, and vindicate those who were wrongly convicted, including some awaiting execution. However, despite the positive contributions of DNA technology, it has also raised significant questions involving ethical, social, and legal issues that mostly concern civil liberties. This note will evaluate the development of DNA databases, and examine the advantages and problems of expanding DNA databases for criminal cases in general.
Biometrics, Retinal Scanning, and the Right to Privacy in the 21st Century
By Stephen Hoffman
Abstract: Imagine it is the year 2030. As you walk down your street to visit your favorite coffee shop, a camera mounted at the nearest intersection tracks your movements. Through undetectable, infrared beam of light, the camera photographs the vasculature structure of your eyes and runs it against a database of known criminals, immigrants, and even people dissenting from popular opinion. If your retinal pattern matches that of a person listed in the database, the computer transmits this information to the proper authorities. All of this happens before you even step through the door of the coffee shop. Now, imagine if private companies, instead of the government, are the ones running those cameras. Retinal vascular patterns have been shown to anticipate future illnesses as well as conclusively identify hereditary or genetic conditions from which the individual suffers. What if a health insurance company installs these cameras outside its offices to identify individuals and detect disorders and illnesses before they walk through the door? This note discusses biometric analysis and raises concerns that such an intrusive procedure may have on the privacy rights of those being examined.
Open Source or Open Season?: What legal professionals need to know about open source software before dealing in corporate transactions and the ramifications of GPLv3
By Emily Prudente
Abstract: With the Internet's growing ubiquity and prevalence, the use of open source software has increased and evolved rapidly. The unique licensing schemes covering open source software make it particularly intriguing from a legal perspective, and for uninformed legal professionals. Without an acute understanding of the details of these licenses, the world of open source code quickly becomes treacherous and ripe with potential pitfalls. For attorneys practicing corporate law, intellectual property law, or those who serve as general counsel to technology companies, awareness of the increasingly complex world of open source licensing is of paramount importance. Companies stand to lose a great deal, in some cases, everything, if open source code is not properly managed. This note will focus on what legal professionals need to know about open source software before dealing in corporate transactions.
I, Robot- I, Criminal- When Science Fiction Becomes Reality: Legal Liability of AI Robots committing Criminal Offenses
By Gabriel Hallevy
Abstract: Can society impose criminal liability upon robots? The technological world has changed rapidly. Simple human activities are being replaced by robots. As long as humanity used robots as mere tools, there was no real difference between robots and screwdrivers, cars or telephones. When robots became sophisticated, we used to say that robots think for us. The problem began when robots evolved from thinking machines into thinking machines or Artificial Intelligence Robots. Could they become dangerous? Unfortunately, they already are. People's fear of AI robots, in most cases, is based on the fact that AI robots are not considered to be subject to the law, specifically to criminal law. This note explores which kind of laws or ethics are appropriate to govern the behavior of AI Robots and who has the authority to decide a robot's faith.
Review of “Against Intellectual Monopoly”
Reviewed by: Susan C. Azzarelli
Book by: Michele Boldrin & David K. Levine
Summary: This book asks whether patents and copyrights are essential to creation and innovation based on recent controversies in intellectual property. The authors found that a teenager being sued for “pirated†music and the inability of patients in Africa to pay for AIDS medication show that patents and copyrights are not needed. They illustrate that “intellectual monopoly†hinders the competitive free market and the authors agree that patents and copyrights as they exist today should be eliminated.
The Stem Cell Dilemma: Beacons of Hope or Harbingers of Doom?
Reviewed by: Heather Giglio
Authors: LEO FURCHT & WILLIAM HOFFMAN, THE STEM CELL DILEMMA: BEACONS OF HOPE OR HARBINGERS OF DOOM? (Arcade Publishing 2008).
Summary: People are intrigued by all the possibilities and hope that stem cell research has to offer. In a time where we are so technologically advanced and interested in finding cures for so many debilitating and potentially life-threatening diseases, stem cell research makes scientists hopeful that these cures will be more than just a possibility and instead a reality. Law-makers and the government as a whole are involved, as well, and need to determine whether to make such research legal and how much money to delegate to such experimentation. Society has also taken interest in this controversial topic and has been very vocal. The authors set out to discuss both sides of this controversy, highlighting the potential hopes and dangers. The authors contend that whether this knowledge and technology is used for good or evil is up to society.
Obvious Fallacy: Improving the Standard of Obviousness for Chemical Compounds to More Accurately Reflect Common Practice In The Art
By: Alison M. Taroli
Introduction: Patent protection for newly discovered chemical compounds is one of the most important priorities for a successful pharmaceutical company. In order to obtain a patent, a chemical compound must be nonobvious at the time of its invention. As compared with obviousness evaluations in chemical cases, application of the law of obviousness to inventions in the electrical and mechanical sciences is fairly straightforward. Obviousness in the chemical arts has been difficult to determine in light of chemistry’s inherent unpredictability. The properties of a chemical compound can be dramatically altered with only slight structural changes. Courts have attempted to address this difficulty by further defining the law of chemical obviousness to include subtests relating to structural similarity and motivation to make the claimed composition. However, these tests have failed at simplifying the obviousness test for chemical compounds, particularly in light of the significant increase in combinatorial chemistry techniques in the pharmaceutical industry. Due to the enormous costs associated with drug research and discovery, the law of obviousness of chemical compounds needs to be further defined to provide pharmaceutical companies with sufficient notice as to whether their newly created compounds will be refused patent protection due to obviousness in view of the prior art.
