Pittsburgh Journal of Technology Law and Policy (University of Pittsburgh)
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    177 research outputs found

    Understanding the Promises and Pitfalls of Outer Space Mining and the Need for an International Regulatory Body to Govern the Extraction of Space-Based Resources

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    Space exploration is about to undergo a monumental change and the global legal and regulatory infrastructure is massively unprepared. When the bulk of international space law was written, the Cold War was raging, and man had not even landed on the Moon yet. Now, thanks to advances in technology, a seismic shift has occurred which will see private industry leading the future of space exploration with national space agencies as partners, rather than the other way around as has been the status quo for decades. One of the most lucrative possibilities luring private firms to space is the opportunity to extract resources from a celestial body such as an asteroid, another planet, or the Moon. It is estimated that trillions of dollars’ worth of precious metals, liquids, and gasses exist on these bodies. A galactic resource race will soon be underway, and space-faring nations must take the lead to ensure that legal, economic, and environmental issues posed by such space exploration is hammered out before it is too late. I assert that if left to their own devices, firms will fail to follow the same standard of their fore-father government space agencies. As a result, we need an international agreement or body for the twenty-first century to govern and regulate the extraction of resources from outer space led by the great space hegemons

    Missing Links: The First Amendment's Place in an Ever-Changing Web

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    Legal questions remain surrounding hateful rhetoric online, including when the government should or can legally step in and do something to prevent acts of terror or hate crimes. This Article explores the current legal landscape surrounding access to publishing online, and its benefits and costs for everyday users and private companies. Through a First Amendment lens, as well as other relevant case law, legislation, and regulation, this Article seeks to provide an understanding of the civil liberty implications of how a change in the law or policy would affect the rights of private companies and publishers and users, both readers and writers of content. This analysis focuses specifically on legal ramifications, protections, and liabilities of major social media outlets and news sites, as well as easily accessible online forums and public-facing websites of hate groups

    Improving the Transparency of the Pharmaceutical Supply Chain through the Adoption of Quick Response (QR) Code, Internet of Things (IoT), and Blockchain Technology: One Result: Ending the Opioid Crisis

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    Over the past two years, Americans in nearly every state have suffered adverse effects from counterfeit medications, many of whom have died. The main culprit is Fentanyl-tainted counterfeit opiates which often lead to fatal overdoses. The increasing epidemic of counterfeit prescription medications extends beyond social classes, gender, race, and age. For instance, pop star Prince recently overdosed on counterfeit Hydrocodone containing synthetic Fentanyl. Shockingly, one in ten medications sold in developing countries are counterfeit; either containing incorrect doses of active ingredients or containing toxic contaminants retained from the production process. The popularity of counterfeit medications stems from cheaper costs, but also because of the ease with which these counterfeit products can be purchased. While the blockchain has gained its fame from Bitcoin, its potential implications are far reaching. In this paper, I propose the use of QR code and the IoT (Internet of Things) sensor devices leveraging the blockchain for increased transparency of the pharmaceutical supply chain and manufacturing process. The data collected from the devices would then be transferred to the blockchain, enabling consumers to use an app to verify the provenance of their medication

    Tribal Sovereign Immunity as a Defense in Overcoming IPR Challenges of Brand Name Pharmaceutical Patent Validity at PTAB – Effects on the Industry

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    Tribal sovereignty has been recognized by the American government since the establishment of the United States and tribal sovereign immunity has been a part of American jurisprudence for over a century. Tribal sovereign immunity continues to play an important role in modern times, especially in the last few years with the rise of inter partes review (IPR) proceedings stemming from the America Invents Act of 2011. IPR proceedings are filed with the United States Patent and Trademark Office (USPTO) and heard by the Patent Trial and Appeal Board (PTAB) as an alternative to or in conjunction with traditional patent litigation in the U.S. Court of Appeals for the Federal Circuit. Therefore, patent owners may have to defend their patents both at PTAB and in federal court.PTAB has recently granted its first motion to consider the issue of tribal sovereign immunity as it relates to patents covering the branded drug Restasis®. This case involves two giants of the pharmaceutical industry: Allergan PLC (Allergan), a brand name drug manufacturer who holds the Restasis® patents, and Mylan N.V. (Mylan), a generic pharmaceutical company

    Airport Security: Over-Reaching New Heights

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    The tragedy that occurred on September 11, 2001 changed airline security forever. Post 9/11, Congress gave the Department of Homeland Security vast power over passengers. This article seeks to examine whether the new airline security procedures are overly invasive, legal, or even effective. If the current system is ineffective or unconstitutional, an alternative must be sought. The Supreme Court has held that searches are required to be no more extensive or invasive than needed to protect security. This article posits that if new airline security measures are not conducted in a manner that respects the privacy and constitutional rights of passengers, they must be replaced with an alternative, such as behavioral profiling. In modern society, it is paramount that we heed the warning of Benjamin Franklin, "those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.

    Pioneers in Computerized Legal Research: The Story of the Pittsburgh System

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    The potential effects of law are far-reaching and research is ongoing regarding the intersection of law and technology.  Given the widespread availability of online legal documents today, the laws of various jurisdictions can be reviewed and researched in their full text form.  However, in the not-so-distant past, this task was overwhelmingly more difficult. Many jurisdictions, unable to keep pace with the increased volume of statutes, regulations, and judicial decisions, compiled indexes of legal information rather than catalogs of full documents.  These indexes made comparisons between jurisdictions difficult and left researchers unsure of whether they had captured all relevant information.  However, in the middle of the 20th century, researchers began to tap into the potential of computers in relation to information retrieval.  Much of the early pioneering work in the legal field was conducted by researchers at the University of Pittsburgh, who developed the “Pittsburgh System” that was a precursor to the computerized legal research tools that are ubiquitous today.

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    Front Matter for Volume XVIII of the Pittsburgh Journal of Technology Law & Polic

    The Antisocial Effects of Social Media and How Colleges and Universities Can Manage Related Litigation Risks

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    Rapid advancements in information technology have transformed day-to-day university operations and, in doing so, have altered the landscape of risk management. Authors Gregory L. Demers, J. William Piereson, Mark A. Cianci, and Peter L. Welsh provide an overview of some of the most significant social-media-related risks faced by colleges and universities, before considering ways to mitigate these risks through a broad insurance coverage plan. The article explains how, given the relative novelty of this field, the coverage afforded by insurance policies inevitably will vary, often significantly, from insurer to insurer

    Wearable Evidence: Why the Pennsylvania Judiciary Should Require a Warrant to Search Wearable Technology

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    The incredible rate at which the wearable technology market has grown suggests that it has become a large part of daily life.156 Similar to cell phone usage, Americans are now wearing cutting edge devices on them everywhere they go, collecting data which assists them in their daily lives.157 But the average American using wearable technology is unlikely to think about how stored data can be used by law enforcement to incriminate them. Additionally, users of wearable technology probably don’t want their personal information disclosed to the public. As a result, the Pennsylvania judiciary must require law enforcement to obtain a warrant before searching wearable technology. The Pennsylvania judiciary has a history of extending Fourth Amendment protections and should continue to do so

    3-D Printed Guns: A Developing Technology with Dangerous Potential

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    As an up-and-coming technology, the full potential of 3-D printing has yet to be realized, and its movement toward at-home consumers may cause problems that still remain undiscovered. Paired with the inconsistencies between various state and federal laws, the continued development of 3-D printed weapons could pose a major threat to our nation’s security. Left untouched, current trends could allow for the issue of untraceable weapons to spiral out of control and beyond repair. 3-D printing is undoubtedly one of the world’s most revolutionary technologies, but it could become one of the world’s most dangerous if left without limits.

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