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
Tag: Science & Technology
Causation and Conception in American Inventorship
By: Dan L. Burk Increasing use of machine learning or “artificial intelligence” (AI) software systems in technical innovation has led some to speculate that perhaps machines might be considered inventors under patent law. While U.S. patent doctrine decisively precludes such a bizarre and counterproductive result, the speculation leads to a more fruitful inquiry about the role of causation in the law of inventorship. U.S. law has almost entirely disregarded causation in determining inventorship, with very few exceptions, some of which are surprising. In this essay, I examine those exceptions to inventive causality, the role they play in determining inventorship, and their effect in excluding consideration of mechanical inventors under current law. Download Full Article (PDF) Cite: 20 Duke L. & Tech. Rev. 116
Purpose or Profit?: The Rise of Public Benefit Corporations in the Technology Industry
By: Alanna Potter Over the last several years, the demand for socially responsible companies has exploded. Many states have responded to this demand by offering a new corporate form, the public benefit corporation (“PBC”), which arguably allows companies to prioritize social benefit in a way that traditional corporations cannot. The technology industry has adopted the PBC structure at higher rates than corporations in other industries. This Note offers reasons for the appeal of PBCs to corporations generally and to the technology sector in particular. This Note also explores why technology companies may be able to achieve the goals discussed without the need for PBCs. Download Full Article (PDF) Cite: 20 Duke L. & Tech. Rev. 90