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Race and Regulatory Equity
No full textThis article contemplates the proper role of regulatory agencies in implementing equity orders. More specifically, what is their role with regard to higher education admissions, in the post-SFFA v. Harvard landscape of racial equity
Protecting Worker Health Data Privacy From The Inside Out
Get PDFThis article investigates three new opportunities for complementary public, private, and design-centric protections of worker health data, an overlooked yet critical area of data privacy regulation. The expansion of biometric monitoring, of the $50 billion femtech industry, and the commercial value of health data also underscore the need for greater protection of worker health data. Now that states are developing more comprehensive data privacy laws, it is critical to consider innovative solutions that build on the best of these laws nationwide. Especially after the Supreme Court’s Dobbs decision, the health data of women workers has become especially prone to misuse. This article proposes a three-part solution to protect worker health data more effectively. First, privacy by design requirements used for protecting children’s data should be adapted to limit the unprotected health data that apps and websites store. Next, the U.S. should adopt a federal law comparable to the California Privacy Rights Act to limit the collection and use of worker health data. Finally, incentives should encourage employers to offer enhanced privacy protections to their workers as a perk, for competitive advantage, and as a novel form of corporate social responsibility
Autonomy and Free Thought in Brain- Computer Interactions: Review of Legal Precedent for Precautionary Regulation of Consumer Products
Get PDFThe expanding use of neurotechnologies in consumer products increases the risks to human rights such as autonomy and free thought. While potentially beneficial in clinical applications, technologies such as brain implants and EEG-enabled wearable devices pose serious concerns about mental and psychological manipulation of human beings. In the US in particular, law and policy are lagging behind technical developments, thereby increasing the risks of abuse and misuse from commercial neurotechnologies. This article focuses on commercial neurotechnologies, which are distinct from medical neurotechnologies for clinical diagnoses, and seeks to guard against human rights risks to users by overcoming that regulatory gap. The article contends that harm to users’ free thought and autonomy from consumer neurotechnologies are foreseeable and known but obscured by market incentives and by the technologies’ dual, therapeutic purpose, and it argues that preemptory regulation is both necessary and supported by precedent. To that end, an analysis of precedents from institutions of governance such as the precautionary principle, moral utility, and human rights, along with current initiatives in other jurisdictions (Chile, Spain, the UN), are provided. This analysis points to possible broad and narrow approaches for minimizing the risks from neurotechnologies. Specifically, the article stipulates that the expansion of patent law based on the moral utility doctrine, in combination with enhanced enforcement by FTC and lobbying by the neurorights community, might to be the most promising approach in the U.S
Singing the Force of the Imagination: How to Wonder About the Emotional-Reportage in Immigration Advocacy
Get PDFIn the years leading up to July 4, 1776, Phillis Wheatley bid the imaginations of the American Revolutionaries to spring open by shouting: “Imagination! Who can sing thy force?” Wheatley defined the imagination as the leader of the mental train, and, according to Ciceronian principles, she demonstrated that the imagination is the singular facilitator of human action. Despite numerous calls to venerate American originalism over the past several decades, the founding concept of the imagination remains an underdeveloped topic in the legal field, even while it reigns over the decision-making processes of all U.S. legislators, administrators, and judges.
However, on September 21, 2023 the imagination properly invaded Professor Warren Binford’s multi-disciplinary symposium Advocating for Children in Migration, a part of the ongoing Testimony series at the University of Colorado, Anschutz. This event followed the publication of Hear My Voice/Escucha Mi Voz, a children’s book featuring statements of children held in migrant detention facilities compiled by Professor Binford for Project Amplify. In addition, Project Amplify encouraged the creation of BorderX, Do You Know Where the Children Are (DYKWTCA), 365 artworks by Andra, and The Ghost of Abuelito by Kristen Grainger & True North. Still more artworks were debuted at the symposium including Fly to Heal, Soul Echoes, and Still Life Cafe.
Even while these artistic bursts of inspiration began to grow, they did not easily cross over into conversations about legal and medical advocacy. Most of the lawyers and doctors at the symposium appeared to believe that the artworks at the event were a completely separate advocacy effort, though discussion about the arts as advocacy was strongly encouraged. This is to be expected in professional circles that are still trained to rely on individual rather than common reason to make strategic decisions.
Human beings, imperfect as we are, rarely start out on key, but over time we can improve. Binford’s compilations, symposiums, and events could be a step toward the renewal of the American imagination in professional circles that may inspire us to innovate solutions to the immigration crisis. This article is dedicated to the observation of the stumbling starts of the American professional class toward their ultimate realization that they too are subject to the vivacious force of the imagination over the faultiness of Rationalism
