Frank Miller’s Sin City College Football: A Game to Die For And Other Lessons About the Right of Publicity and Video Games

The challenge of finding a workable solution for applying the right of publicity is a formidable one because it implicates not only a delicate balance between First Amendment rights and the rights of publicity, but also the complications of varying state laws. The best of the tests developed by the courts so far—the transformative use test—was borrowed from copyright law and itself reflects a careful balance between First Amendment and copyright interests. Additionally, because of dramatic progress in technology, it is likely that in the near future this balancing will often involve not only the rights of publicity and the First Amendment but also copyright law as well

Privacy and Outrage

It is not an understatement that technology has dramatically altered virtually every aspect of our life in recent years. While technology has always driven change, these changes are occurring more rapidly and more extensively than ever before. We are fully entrenched in the world of Big Data, the Internet of Things, and Smart Cities – and we are never going back. As always, society and its laws must evolve, but it is not always an easy process. The notion of privacy has certainly changed in our data-driven world and continues to change daily. While it has always been difficult to define exactly what privacy is, it is even more difficult to propose what privacy should become. Technology and its uses – or abuses – are altering the notion of privacy into something that may be unrecognizable in the near future. Studies show that people say they are still concerned about privacy, but their behavior does not reflect that.1 Like any value, the importance of privacy varies from person to person. This makes it even more difficult to establish a one-sizefits-all concept of privacy. This paper explores some of the historical, legal, and ethical development of privacy; discusses how some of the normative values of privacy may survive or change; and examines how outrage has been – and will continue to be – a driver of such change

In Support of a Patient-Driven Initiative and Petition to Lower the High Price of Cancer Drugs

Comment in Lowering the High Cost of Cancer Drugs--III. [Mayo Clin Proc. 2016] Lowering the High Cost of Cancer Drugs--I. [Mayo Clin Proc. 2016] Lowering the High Cost of Cancer Drugs--IV. [Mayo Clin Proc. 2016] In Reply--Lowering the High Cost of Cancer Drugs. [Mayo Clin Proc. 2016] US oncologists call for government regulation to curb drug price rises. [BMJ. 2015

Crowdsourcing hypothesis tests: Making transparent how design choices shape research results

To what extent are research results influenced by subjective decisions that scientists make as they design studies? Fifteen research teams independently designed studies to answer fiveoriginal research questions related to moral judgments, negotiations, and implicit cognition. Participants from two separate large samples (total N > 15,000) were then randomly assigned to complete one version of each study. Effect sizes varied dramatically across different sets of materials designed to test the same hypothesis: materials from different teams renderedstatistically significant effects in opposite directions for four out of five hypotheses, with the narrowest range in estimates being d = -0.37 to +0.26. Meta-analysis and a Bayesian perspective on the results revealed overall support for two hypotheses, and a lack of support for three hypotheses. Overall, practically none of the variability in effect sizes was attributable to the skill of the research team in designing materials, while considerable variability was attributable to the hypothesis being tested. In a forecasting survey, predictions of other scientists were significantly correlated with study results, both across and within hypotheses. Crowdsourced testing of research hypotheses helps reveal the true consistency of empirical support for a scientific claim.</div

Privacy and Outrage

It is not an understatement that technology has dramatically altered virtually every aspect of our life in recent years. While technology has always driven change, these changes are occurring more rapidly and more extensively than ever before. We are fully entrenched in the world of Big Data, the Internet of Things, and Smart Cities – and we are never going back. As always, society and its laws must evolve, but it is not always an easy process. The notion of privacy has certainly changed in our data-driven world and continues to change daily. While it has always been difficult to define exactly what privacy is, it is even more difficult to propose what privacy should become. Technology and its uses – or abuses – are altering the notion of privacy into something that may be unrecognizable in the near future. Studies show that people say they are still concerned about privacy, but their behavior does not reflect that.1 Like any value, the importance of privacy varies from person to person. This makes it even more difficult to establish a one-sizefits-all concept of privacy. This paper explores some of the historical, legal, and ethical development of privacy; discusses how some of the normative values of privacy may survive or change; and examines how outrage has been – and will continue to be – a driver of such change

Making Trade Policy More Transparent: A New Database of Non-Tariff Measures

As tariff levels have reached all-time lows in recent decades, non-tariff measures (NTMs) have taken a central role in the international trade agenda. In a nutshell, NTMs are all types of trade regulations, other than tariffs, that directly or indirectly affect international trade. The World Trade Organization (WTO) recognizes the right of countries to intro-duce trade regulations to achieve legitimate objectives not related to trade, such as consumer health protection and food safety. However, NTMs can be hijacked and used as protectionist tools that can potentially drive up trade costs, divert managerial attention, and penalize small exporters—regardless of an NTM’s original intent. In the face of fragmented, inconsistent, and largely unavailable data on NTMs, the World Bank is at the forefront of an inter-institutional effort to codify, harmonize, and disseminate information on NTMs and their economic impacts. The goal is to increase policy makers awareness of NTMs and help them better understand not only the impacts of their main trading partners’ NTMs, but also of their own NTM policies on competitiveness, prices, and welfare. The “New Frontier ” of Trade Policy NTMs, which tend to be less transparent than tariffs, have increasingly become the primary policy tool through which governments affect trade. Though most NTMs respond to the rising public demand for traceability and protectio

Smart Cities, Big Data, and the Resilience of Privacy

Smart Cities are designed to ubiquitously collect information about people, places, and activities and to use that data to provide more efficient services and to build resilience against disasters. Projects like the Rockefeller Foundation-funded “100 Resilient Cities” are exploring how big data can be used to design and strengthen resilience in cities around the world. Large technology companies are helping to design and secure components of the Internet of Everything, which is part of a smart city structure. Relationships between governments and citizens, as well as between individuals and businesses, will see substantial changes due to this rapidly expanding collection and use of potentially intimate information. In this dynamic environment, it is difficult to protect privacy under traditional principles that did not anticipate a sensor-connected, surveillance-laden, data-driven world of the smart city. Slow moving court cases and inflexible fair information privacy practices may be insufficient to limit and/or guide smart city implementation that respects individual privacy. Cities need a methodology that will enable a discussion of how law, regulation, and social norms can respond to the dynamic disruption that a smart city poses to the fundamental nature of privacy. This Article proposes that resilience theory can be a useful lens for this analysis. Resilience theory has multidisciplinary roots in engineering, biology, ecology, and sociology, and is generally understood as a way to understand how systems react to extreme pressureswhether they decline and die, or whether they adapt and thrive. The theory is used to describe multiple aspects of systems and organisms, from the ability of a building to withstand an earthquake to the ability of an organism not only to survive, but to also evolve into a different and possible better state. This Article views privacy as a system and examines it through the resiliency lens, framing the question of how privacy can adapt and survive in a smart city