By: Jacob Stotser With a garbage truck’s worth of plastic being dumped in the ocean each minute, there is a dire need for effective technological solutions aimed at mitigating the marine plastic pollution problem. However, the reliance of the U.S. patent system on market demand to incentivize this type of innovation has proven insufficient in light of the peculiarities of “green” technologies. To remedy this, this article proposes a multi-faceted incentivization approach that looks beyond the U.S. Patent and Trademark Office to stimulate the development of remediation technologies through comprehensive regulatory interventions, the establishment of prize funds and other alternative incentive mechanisms, and targeted reforms to patent procedures. Download Full Article (PDF) Cite: 23 Duke L. & Tech. Rev. 114
Month: April 2024
Barcoding Bodies: RFID Technology and the Perils of E-Carceration
By: Jackson Samples Electronic surveillance now plays a central role in the criminal legal system. Every year, hundreds of thousands of people are tracked by ankle monitors and smartphone technology. And frighteningly, commentators and policymakers have now proposed implanting radio frequency identification (“RFID”) chips into people’s bodies for surveillance purposes. This Note examines the unique risks of these proposals—particularly with respect to people on probation and parole—and argues that RFID implants would constitute a systematic violation of individual privacy and bodily integrity. As a result, they would also violate the Fourth Amendment. Download Full Article (PDF) Cite: 23 Duke L. & Tech. Rev. 89
Virtual Gaming, Actual Damage: Video Game Design That Intentionally and Successfully Addicts Users Constitutes Civil Battery
By: Allison Caffarone In recent years, there has been increased academic interest in both the neurological effects of compulsive gaming and the potential tort liability of game developers who scientifically engineer games in order to addict users. Scholars from various disciplines are currently debating the scope and potential solutions to the problems associated with Gaming Disorder, now a globally recognized illness. This article contributes to this discussion by offering a multidisciplinary analysis of the scope of video game addiction, its neurological bases, and its relation to the legal rights and responsibilities of victims and game developers. In addition, this article explores the practical significance of, as well as normative and moral foundations for, holding video game developers accountable. It argues the novel theory that video game developers who succeed in their expressed intention to rewrite the neural pathways of gamers should be held liable for the intentional tort of battery. It further contends that private redress based on an intentional battery cause of action is preferable to actions grounded in negligence or failure to warn because in a battery suit, there is no need to prove that the plaintiff was harmed—offensive contact suffices. Moreover, battery claims may be preferable as