Richmond Journal of Law and Technology

The first exclusively online law review.

Tag: Journal of Law and Technology

Is Time up on TikTok?

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On February 17, 2025

In Blog Posts

Is Time Up for TikTok?

By: Rebecca Herzog

With over 170 million U.S. users, TikTok has a chokehold on the American public.[1]  Although the popular social media platform has had immense success, it has also faced years of controversy and criticism in the United States. The U.S. government has fought across presidential administrations to either ban or force the sale of the app to an American company.  This post examines the use of an executive order to force a sale and what such an order might mean for the future of TikTok and U.S. government compliance.

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Living in a Fantasy: How Fantasy Sports Leagues Circumvent Most Gambling Laws

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On February 2, 2025

In Blog Posts

Living in a Fantasy: How Fantasy Sports Leagues Circumvent Most Gambling Laws

By: Nadia Farashahi

fantasy sports betting

In the past decade or two, the way people engage with sports has shifted from physical participation to digital experiences. Technology has enabled fans to incorporate both professional and amateur events in their personal entertainment.[1] Many people are acquainted with betting on game outcomes in the style of Las Vegas. Now, modern technologies have also “facilitated vicarious involvement by allowing sports fans to become ‘part of the action’ by engaging in fantasy sports.”[2] Fantasy sports leagues are contests where participants compete against one another using fictional teams. These fictional teams are “arranged in virtual leagues and are comprised of actual athletes who are deemed to ‘play’ for them.”[3] Outcomes are based on preset scoring systems linked to the statistical performance of players in actual sporting events.[4]

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Strategic Patenting Stifles Antibiotic Innovation

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On January 30, 2025

In Blog Posts

Strategic Patenting Stifles Antibiotic Innovation

By: Brian Wilmans

Antibiotics are one of humanity’s greatest discoveries. They’ve made it possible to eradicate instances where a cut on a finger could turn fatal due to bacterial infection.

However, today, antibiotics are losing their efficacy. The CDC tracked seven different strains of antibiotic-resistant bacteria from 2019-2022, and six out of the seven increased their prevalence by 20 percent.[1] Overprescription of antibiotics is certainly a contributing factor in the increase in resistance, but another factor is the decreased number of new antibiotic classes being brought to market. Since the first antibiotic, penicillin, was discovered in 1940, the largest gap between new types of antibiotics being invented had been 13 years.[2] We are now in year 15 since the last novel class of antibiotic was created. There are myriad reasons for that, from funding for R&D to decreased profit margin for pharmaceutical companies. However, another reason for it that may be more on the periphery: pharmaceutical companies’ practice of strategic patenting.

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Who Owns GMOs?

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On January 30, 2025

In Blog Posts

Who Owns GMOs?

By: Brian Wilmans

Genetically modified organisms (GMO) have been around since the early 1970s and have steadily grown to impact all forms of commerce. From food to healthcare, the growing impact of GMOs has been felt around the world but very heavily in the United States specifically. As the landmass and population of the U.S. are significantly larger than that of most other countries and most of its farming is done on a larger, industrial scale, the U.S. has leaned more heavily on the use of GMOs to provide security for the country’s food supply.[1] In the U.S., it is estimated that over ninety percent of crops are genetically modified and that up to ninety-five percent of meat and dairy products feed on genetically modified crops.[2]

This has led to questions surrounding the ownership of those GMOs. If the organism could be obtained naturally, how do you determine that someone is the owner?

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Artificial Intelligence in the Law Classroom: Good? Bad? Or Maybe Both?

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On January 30, 2025

In Blog Posts

Artificial Intelligence in the Law Classroom: Good? Bad? Or Maybe Both?

By: Nadia Farashahi

Whether we like it or not, artificial intelligence has taken its place in our society. Law schools are no exception.[1] With the rise in artificial intelligence, law schools are faced with the challenge of adapting to this new technology.

Bloomberg Law’s Spring 2024 Path to Practice survey encompassed data from more than 150 U.S. Law schools.[2] This survey reflected that the status quo is changing: “technological advancements have pushed law schools to address longstanding gaps in tech skill development, specifically by embracing and offering more AI-focused courses.”[3] Faculty respondents were asked whether their law schools “asked or encouraged them” to update their courses to reflect these new technological advancements in the legal field, and more than a third of the respondents said “yes.”[4] The survey also inquired about AI specific courses that are available to law students. Around 40% of respondents indicated that the courses give students “practical experiences using AI for legal work.”[5]

The American Bar Association Task Force on Law and Artificial Intelligence conducted a similar survey.[6] The survey, completed by 29 law school deans or faculty members in 2023 to 2024, showed that AI is steadily establishing a firm presence in the law school classroom. Around 55% of the law school respondents reported that they have classes centered around teaching students about AI, and around 83% reported having curricular opportunities that allowed students to learn to use AI effectively.[7]

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AI in Contract Drafting: Transforming Legal Practice

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On October 22, 2024

In Blog Posts

AI in Contract Drafting: Transforming Legal Practice

By: Audrey Zhang Yang

Woman typing on laptop with one organic hand and one robot hand.

 

Introduction

The legal profession is experiencing an unprecedented transformation driven by the integration of Artificial Intelligence (AI) into various aspects of legal practice. Among these changes, the evolution of contract drafting and management stands as a particularly significant development. As law firms and legal departments navigate the opportunities and challenges presented by evolving legal technologies, understanding how AI is reshaping contract drafting becomes crucial for legal practitioners and law school students. This paper examines the current state of AI in contract drafting, its practical applications, and its implications for the legal profession.

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The EU AI Act: Pioneering Regulatory Framework for Artificial Intelligence

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On July 23, 2024

In Blog Posts

The EU AI Act: Pioneering Regulatory Framework for Artificial Intelligence

By Audrey Zhang Yang

 

Introduction

On July 12, 2024, the European Union marked a significant milestone in Artificial Intelligence (AI) regulation with the official publication of Regulation 2024/1689, commonly known as the EU AI Act, in the Official Journal of the European Union.[1] This landmark legislation, comprising 180 recitals, 113 Articles and 13 annexes, establishes a comprehensive framework for the development, deployment, and use of AI systems within the EU.[2] The Act aims to safeguard fundamental rights, ensure public safety, and promote ethical, trustworthy, and human-centric AI innovation.

This work examines the key provisions of the EU AI Act, its scope of application, the risk-based classification system, and the implementation timeline. It also explores the potential impact on various stakeholders in the AI ecosystem and considers the challenges and opportunities presented by this groundbreaking regulation.

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Google’s Geofencing Stance: an Ode to Apple in 2016

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On July 15, 2024

In Blog Posts

Google’s Geofencing Stance: an Ode to Apple in 2016

By Michael Mellon

 

 

In 2016 Apple faced off with the federal government, who had obtained an order to compel Apple to create software which would allow the Federal Bureau of Investigation (“FBI”) to unlock a cellphone used by a suspected terrorist.[1]  The software was needed because Apple had recently redesigned its operating system, making it impossible for anyone to access information stored on one of their devices.[2]  The government maintained that the All Writs Act justified the compulsion because it “empower[s] judges to order that something be done, even if the legislative body (here, Congress) hasn’t officially said that it should be.”[3]  It further relied on a test established in United States v. New York Telephone Co. concerning the same.[4]  Apple was prepared to challenge this, but the issue became moot when the United States Attorney’s Office indicated it had found another means of entry into the phone.[5]  This situation may very well have been the inspiration for Google’s recent stance related to mobile devices.

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