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EULA, or Eulogy? Reckoning End User License Agreements and Near-Future Cyborgs
Integrated biotechnology is a quickly-approaching future legal issue that will blur the line between technology and person. The technology will likely run through some kind of software, and users of the technology will likely need to agree to some type of licensing agreement to use the software. End User License Agreements (“EULAs”) as they exist today have terms and clauses that will be problematic when applied to an implanted artificial heart, a replacement for the human eye that enhances vision, or other types of integrated technology. Current FDA regulation and EULAs are insufficient to deal with the problems that technology integration will create. This Note argues for a new form of licensing agreement that will apply to integrated biotechnology, called a Biotechnology Licensing Agreement (“BTLA”). The BTLA will contain certain clauses that strengthen the bargaining power of the future cyborg when dealing with the creators of the integrated technology. Further, for creation of a new subdepartment of the FDA, the Biotechnology Adjudication Bureau (“BAB”). The BAB will handle regulation of integrated biotechnology and will assist cyborgs in the near future world of half-human half-machines. These solutions will dampen the problems and legal issues that will arise as the integrated biotechnology space becomes more mainstream and more pervasive
Climate Change and International Law at a Crossroad
Sept. 28-29, 2023
Glaciers and ice sheets are contracting at an alarming rate. Low lying coastal and island states face catastrophic flooding. The world’s great rivers and lakes are drying up, while climate migrants are pouring across borders. In this timely conference, two dozen of the foremost experts on international law and climate change will address: How should the international community enforce the newly recognized human right to a healthy environment? Is “ecocide” a viable international crime? Are environmental migrants entitled to refugee status? Can corporations be sued for climate change? And other salient law and policy issues at the heart of today’s climate crisis.
Jim Chen, former VP and Counsel of Tesla and Rivian Motors, will kick things off as the Thursday evening dinner speaker with remarks about the need to safeguard human rights in the production of electric car batteries. John Knox, former UN Special Rapporteur for Human Rights and the Environment, will deliver the morning keynote address on Friday. And the Honorable Chile Oboe-Osuji, former President of the International Criminal Court, will provide the Friday luncheon speech about the prosecution of environmental crimes.
In keeping with the conference theme, Thursday’s opening dinner will be held at the Crawford Auto Museum, where participants will be able to tour the 140 classic cars while enjoying the sounds of the law school’s faculty-student band and taking a ride on the restored Euclid Beach Park Grand Carousel. Friday’s sessions will be held in Woodland Hall of the Cleveland Botanical Garden, located just across the street from the law school, where participants will be able to tour the Botanical Garden’s Costa Rican Rain Forest, Madagascar Spiny Desert and beautiful outdoor gardens during breaks
Talking Foreign Policy TranscriptsFebruary 21, 2023 broadcast:What Went Wrong in Afghanistan?
When Doctors Become Cops
Event Description
The lines between law enforcement and health care are blurring. Police lean on doctors to provide them with genetic samples, prescription histories, and toxicology results that they could not obtain on their own. This often occurs without a warrant or the patient\u27s consent. At the same time, legislatures are using physicians as regulatory levers to police pregnant and transgender bodies. And due to chronic underfunding of social services, many Americans now receive pseudo-mental health treatment through the courts rather than clinics. Together, these things paint a sinister picture of law enforcement being thrust into medicine in ways that are deeply troubling and vastly under-explored. Speaker Bio
Teneille Brown is the James I. Farr Professor of Law, the Associate Dean of Faculty Research, and the Director of the Center for Law and the Biomedical Sciences (LABS) at the S.J. Quinney College of Law. She is also a faculty member in the Center for Health Ethics, Arts, and Humanities (CHeEtAH) in the department of Internal Medicine. She graduated from the University of Michigan Law School, and completed three post-doctoral fellowships at Stanford, one in the Center for Law and the Biosciences, one on the MacArthur Project for Law and Neuroscience, and one at the Stanford Center for Biomedical Ethics. Her research is highly interdisciplinary, and spans a wide range of issues at the intersection of law, genetics, neuroscience, medicine, and ethics. Her work has been highlighted in the New York Times, the Wall Street Journal and on national NPR outlets. She is on the Executive Committee for the AALS Evidence section and the Utah\u27s Supreme Court Advisory Committee on Evidence
History\u27s Speech Acts
This Essay considers the historic relationship between symbolic public expressions of racial and religious identity—in particular, Confederate symbols and Christian religious displays. These displays sometimes comprise shared symbology, and the adoption of this symbology overlaps at distinct moments in U.S. history in which Confederate and Christian symbolism converged to express messages of combined religious and racial superiority. This Essay argues that these forms of expression can best be understood as “speech acts” that seek to construct a particular social reality, often in defiance of political and social fact. They thus not only express but also enact social hierarchies. It further argues that the Supreme Court’s most recent opinions dealing with the constitutionality of religious displays continue this social and political project of constructing a white Christian identity