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How Artificial Intelligence Machines Can Legally Become Inventors: an Examination of and Solution to the Decision on DABUS
Get PDFWith proliferation of Artificial Intelligence research and development, it is foreseeable that these machines will invent many new patentable technologies. However, the United States Patent and Trademark Office recently deemed a patent application incomplete for listing an AI machine as the inventor. If the USPTO’s decision is not corrected, the patent system will be in danger because many fraudulent patent applications that list incorrect inventors will be filed. This would drastically change existing and settled inventorship jurisprudence and might endanger the patent protection over such patents. This Note argues that the USPTO’s reasons for not allowing the Artificial Intelligence machine to be listed as an inventor are erroneous. First, AI machines with internal neural networks that allow for continual self-training to develop novel ideas satisfy the Conception Requirement. Second, the language of Title 35 of the U.S.C. does not inherently suggest a national person is required to be the inventor; it only requires a legal person to be the inventor. Therefore, this Note calls for the limited legal personhood of AI to serve the purpose of inventorship eligibility
The Coming Shift in Shareholder Activism: From “Firm-Specific” to “Systematic Risk” Proxy Campaigns (and How to Enable Them)
Get PDFThis article distinguishes two types of shareholder activism: (1) firm-specific activism, which has a long history and focuses on changes at a specific target company, and (2) systematic risk activism, which seeks to reduce the systematic risk in a portfolio and thereby benefit diversified investors. Typically, such a systematic risk campaign may force a portfolio company to internalize negative externalities to benefit the other companies in the portfolio (such as by reducing carbon emissions or undertaking climate risk reforms). But, systematic risk activism faces an inherent difficulty: the party that leads this campaign and invests in the target company may incur a significant loss when the target company’s stock price falls. This will be particularly difficult for activist hedge funds to accept, because they have small portfolios and cannot recoup their losses on the target firm by gains at the other portfolio companies. Properly understood, the recent campaign by Engine No. 1 with respect to ExxonMobil exemplifies these problems and suggests that activist hedge funds make ill-suited leaders for this form of activism. If so, there may be a strong demand for systematic risk activism among diversified investors, but potential campaigns could remain headless, as diversified investors will themselves be reluctant to lead such a campaign. This article surveys possible answers to this problem (some of which are suggested by the Engine No. 1 campaign). Nonetheless, this problem surrounding the incentives of hedge funds is aggravated by the traditionally independent stance of diversified investors, who are reluctant to join groups or expend funds, and by the inability of potential campaign leaders to charge adequately for their services. This article suggests several means of which to enable such campaigns
From the Golden Gate to London: Bridging the Gap Between Data Privacy and the Right of Publicity
Get PDFCurrently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the misappropriation of their personality. This note offers a solution by looking to recent data protection regulations, namely the General Data Protection Regulation (GDPR) of the European Union and the California Consumer Privacy Act (CCPA). The extraterritorial reach of the GDPR and CCPA obligates companies around the world to comply with these regulations and encourages other jurisdictions to similarly implement their own policies. This note suggests recognizing a person’s name, image, and likeness as personal data and implementing the right of publicity as an extension of the right to be forgotten, which gives individuals control over their personal data, and include a means to recover compensation for commercial misuse. Framing the right of publicity as control over the commercial use of one’s personal data online allows those countries that refuse to recognize the right of publicity a narrow pathway to provide protection
Apocalypse Ahoy: How The Cruise Industry Boom Is Harming The World’s Oceans And Problems With Enforcing Environmental Regulations
Get PDFThe global cruise line industry enjoyed an incredible surge in popularity before the coronavirus pandemic. While the industry nearly sank in the wake of the pandemic, cruise lines are poised to continue to enjoy record-breaking profits while continuing to build larger and more opulent ships. This boom exacts a heavy toll on the environment, as cruise ships burn dirty fuel and dump dirty water into the world’s oceans. The current international legal framework for regulating the world’s shipping industry allows companies to effectively select which nation’s environmental laws to submit to, with ships flying under so-called “flags of convenience”. While the doctrine allows for ships to move freely upon the world’s seas, it creates a safe harbor for pollution, as companies routinely register their ships in countries with lackadaisical environmental laws and enforcement. As the climate crisis intensifies, effective solutions are needed. One potential solution would require any cruise ship attempting to dock at an American port to use the Best Available Technology for preventing pollution onboard the vessel by modifying the Clean Water Act. Another potential solution would see individual state governments adopt regulations similar to California’s Vessel Fuel Rules that regulate the emissions produced by vessels seeking to dock in that state. These solutions are clear and apply directly to ships, bypassing the convoluted international maritime legal apparatus while also keeping it intact. Such solutions are necessary because when it comes to the climate crisis, humanity must either sink or swim
On the Outer Reaches of the Marketplace of Ideas: the Weaponization of Title VI Against Palestinian College Activists
Get PDFOn U.S. college campuses, Palestinian rights activists who are critical of Israel risk legal consequences. Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color, or national origin in any program receiving federal funds. Over the past two decades, at least eighteen Title VI complaints have been filed against U.S. colleges and universities, alleging that Palestinian rights activists’ political expression is a form of anti-Semitism. In December 2019, President Trump promulgated Executive Order 13,899, which formally extended Title VI protections to Jews and directed enforcement agencies to investigate allegations of anti-Semitism using guidance that includes “criticism of the state of Israel” as a form of anti-Semitic discrimination. This Note traces the history of Palestinian student activism, distinguishes anti-Semitism from criticism of Israel, and explores the tension between Title VI and campus free speech protections. Analyzing the ramifications of the executive order on the Title VI analysis, this Note argues that the executive order must be rescinded to deter the use of Title VI as a means of restricting campus free speech
Symposium Introduction: A Tribute to Roberta Karmel
Get PDFThe Introduction provides the background to the symposium in honor of Professor Roberta Karme
Roberta Karmel and the Brooklyn School
Get PDFIn this contribution, Professor Janger describes Roberta Karmel’s extraordinary contributions to the intellectual, scholarly, and institutional life of Brooklyn Law School
