Category: Science & Technology

To Infinity and Beyond (And Beyond): The Legal and Ethical Imperative for Rocket Reusability

Current Volume, Featured Articles, International, Recent Publications, Science & Technology, Space Law Leave a comment

By: Matthew Lumia Although the Space Shuttle’s first flight was in the 1980s, reusable rocket technology did not achieve mainstream viability until SpaceX’s reusable Falcon 9 rocket revolutionized access to space. This note argues that transitioning to reusable rocket technology is not only a practical and economic advancement, but also a legal and ethical imperative. By analyzing reusable rockets through the “due regard” framework of the Outer Space Treaty, this note demonstrates how reusable rockets mitigate space debris, expand access to space, and can reduce environmental harm. Additionally, reusable rockets address critical ethical concerns by lowering barriers to space exploration, allowing the benefits of space exploration to be shared by more nations, and conserving resources which can be redirected to other pressing needs on Earth. As the global launch cadence continues to rise, widespread adoption of reusable rocket technology is essential to ensuring the long-term sustainability of space exploration while fulfilling international legal obligations and inherent ethical responsibilities. Download Full Article (PDF) Cite: 25 Duke L. & Tech. Rev. 262

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Playing to Win: The Use of Export Controls to Address Non-military Strategic Competition

Artificial Intelligence, Current Volume, Cybersecurity, Featured Articles, International, Recent Publications, Science & Technology Leave a comment

By: Joshua Angelo Technology and national security have been intimately related throughout American history. Over the past eighty-five years, the United States has increasingly made use of export controls to prevent adversarial countries from using the fruits of its technological advancement to strengthen their militaries and harm American interests. Today, strategic competition with the People’s Republic of China involves a myriad of technologies which present risks outside of, as well as within, the military context. Chinese exports of technologies, including artificial intelligence, quantum computing, and 5G communications, can promote the country’s authoritarian model abroad, enable economic coercion, and help to enrich the regime. The Belt and Road and “Made in China 2025” initiatives illustrate China’s use of novel technologies to further its global ambitions. Export controls may help to confront these threats. This note asks whether the Bureau of Industry and Security (a government body tasked with implementing export controls) can regulate exports of novel technologies for purposes of non-military strategic competition. Through examination of the statutes authorizing export controls and of the deference traditionally afforded to the Executive in administrative and foreign affairs matters, this note concludes that such export controls are authorized. Download Full Article (PDF) Cite: 25

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Determinants of Socially Responsible AI Governance

Artificial Intelligence, Current Volume, Featured Articles, Machine Learning, Recent Publications, Science & Technology Leave a comment

By: Daryl Lim The signing of the first international AI treaty by the United States, European Union, and other nations marks a pivotal step in establishing a global framework for AI governance, ensuring that AI systems respect human rights, democracy, and the rule of law. This article advances the concepts of justice, equity, and the rule of law as yardsticks of socially responsible AI—from development through deployment—to ensure that AI technologies do not exacerbate existing inequalities but actively promote fairness and inclusivity. Part I explores AI’s potential to improve access to justice for marginalized communities and small and medium-sized law firms while scrutinizing AI-related risks judges, lawyers, and the communities they serve face. Part II examines the structural biases in AI systems, focusing on how biased data and coding practices can entrench inequity and how intellectual property protections like trade secrets can limit transparency and undermine accountability in AI governance. Part III evaluates the normative impact of AI on traditional legal frameworks, offering a comparative analysis of governance models: the U.S. market-driven approach, the EU’s rights-based model, China’s command economy, and Singapore’s soft law framework. The analysis highlights how different systems balance innovation with safeguards, emphasizing that successful AI governance

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Fine-Tuning LLMs: Structural Fluency and Augmentation for the Great and Powerful Wizard of AI

Artificial Intelligence, Current Volume, Featured Articles, Machine Learning, Recent Publications, Science & Technology Leave a comment

By: Verónica C. Gonzales The civil legal tradition carries assumptions, biases, and attitudes rooted in racism and ideologies intended to protect the (im)balance of power. This moment in history offers new versions of the same challenges with the integration of artificial intelligence (“AI”) and large language models (“LLMs”) into legal frameworks, and those critiques are being addressed in the legal discourse. Building on these perspectives, this moment also offers civil legal professionals a chance to engage in machine learning frameworks informed by social justice principles and accountable to measures of “equal justice for all.” The perception of fairness in the use of these tools is critical to protecting the integrity of and trust in the civil justice system. Although the features of LLMs may not be able to replace legal analysis just yet, developers anticipate that that is where these tools are headed sooner than one might think. Without intentional approaches to machine learning, LLMs will create a civil legal system twilight zone where machines propose new outcomes based on the ineffective patterns of the past, a never-ending feedback loop that traps litigants and stifles social progress. LLMs, and the AI tools which use them, offer a new reality in

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Something Is Rotten in the State of Healthcare: Accountability, Affordability, and the Court of Public Opinion

Current Volume, Featured Articles, Media & Communications, Recent Publications, Science & Technology Leave a comment

By: Isabelle Breier Many countries worldwide recognize a right to health and provide legal recourse for securing that right. By contrast, for many Americans, there is no legal right or remedy that enables them to access healthcare if they cannot afford it. While there are some statutes and measures in place, such as the Emergency Medical Treatment and Active Labor Act (EMTALA) and Medicaid, coverage remains piecemeal and access to healthcare is not guaranteed. Conditioning people’s access to healthcare upon their ability to pay violates the foundational bioethical principle of justice. In the United States, individuals and advocates use social media to fill this vacuum, raising awareness and funds through platforms like GoFundMe and X.com (formerly Twitter). In the absence of government-provided healthcare or a right to health, the American public sometimes functions as a healthcare access mechanism via social media. However, this insufficient and inequitable stopgap cannot replace effective governance. The public is filling a vital and unmet need through social media advocacy, but there are many drawbacks to effectively delegating this authority to the public instead of the government, including the public’s capriciousness and lack of legal accountability. The government should take proactive steps to ensure that healthcare

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Gray Advice

Artificial Intelligence, Current Volume, Data Analytics, Health & Biotechnology, Machine Learning, Science & Technology Leave a comment

By: Keith Porcaro Debates over economic protectionism or the technology flavor-of-the-month obscure a simple, urgent truth: people are going online to find help that they cannot get from legal and health professionals. They are being let down, by products with festering trust and quality issues, by regulators slow to apply consumer protection standards to harmful offerings, and by professionals loath to acknowledge changes to how help is delivered. The status quo cannot continue. Waves of capital and code are empowering ever more organizations to build digital products that blur the line between self-help and professional advice. For good or ill, “gray advice” is changing how ordinary people get help with legal issues and healthcare issues, and even how they perceive professionals. This Article begins the work of articulating what makes a high-quality digital advice product, and how regulators and professionals can engage with the reality of how people seek and find help today. Download Full Article (PDF) Cite: 25 Duke L. & Tech. Rev. 48

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Decoding Cryptocurrency Taxes: The Challenges for Estate Planners

Cryptocurrency, eCommerce, Science & Technology, Technology and Financial Reporting Leave a comment

By: Max Angel In this article, Angel explores the unique challenges of estate planning with cryptocurrency, which include accurately valuing those assets, preserving their value, and addressing the complex tax implications of transferring cryptocurrency to heirs. Download Full Article (PDF) Cite: 23 Duke L. & Tech. Rev. 137

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Beyond Patents: Incentive Strategies for Ocean Plastic Remediation Technologies

Intellectual Property, Patents & Technology, Science & Technology One comment

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

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Barcoding Bodies: RFID Technology and the Perils of E-Carceration

Science & Technology One comment

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

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The Lack of Responsibility of Higher Education Institutions in Addressing Phishing Emails and Data Breaches

Cybersecurity, Data Governance, Notes, Science & Technology Leave a comment

By: Muxuan (Muriel) Wang Higher education institutions (HEIs) are highly susceptible to cyberattacks, particularly those facilitated through phishing, due to the substantial volume of confidential student and staff data and valuable research information they hold. Despite federal legislations focusing on bolstering cybersecurity for critical institutions handling medical and financial data, HEIs have not received similar attention. This Note examines the minimal obligations imposed on HEIs by existing federal and state statutes concerning data breaches, the absence of requirements for HEIs to educate employees and students about phishing attacks, and potential strategies to improve student protection against data breaches. Download Full Article (PDF) Cite: 23 Duke L. & Tech. Rev. 35

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