INNOVATION SPACE: A STUDY ON THE LEGAL IMPLICATIONS OF DEVELOPING A NANOTECHNOLOGY-BASED PRODUCT

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Description
I will be redacting my thesis on a project I will be a party of over the next two semesters through Innovation Space. This program is a joint venture between the Herberger Institute for Design and the Arts, Ira A.

I will be redacting my thesis on a project I will be a party of over the next two semesters through Innovation Space. This program is a joint venture between the Herberger Institute for Design and the Arts, Ira A. Fulton School of Engineering and W.P. Carey School of Business in which we form an interdisciplinary team to work on and develop products that create market value all the while serving societal needs and minimizing environmental impacts. In short we are an entrepreneurial venture that will go through every facet of bringing a project from the imagination to market. My role in this project will be to conduct research while brainstorming potential applications of my results. I will be in addition sharing and exercising my expertise in the field of Supply Chain management and business in general to support the other disciplines on my team. Furthermore, as a business student I will be personally responsible for developing a strategic plan once we have determined a potential product, I will analyze any sort of market forecast applicable to my topic and ideate any sort of customer relations to follow through with our product. To add to these tasks, I will also ensure a positive cash flow for the project in general. As the thesis specific part of the project I will be writing about the legal implications involved in the development of an idea into a marketable and financially viable product. I will be analyzing various aspects of patent law as well as potentially private international law in regards to sourcing.
Date Created
2013-05
Agent

Analysis of Regulations on the Landing and Take-off of Commercial Aircraft

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Description
The thesis is an investigation on current regulations of commercial aircraft landing and take-off procedures and an analysis of potential weaknesses within the regulatory system for commercial aerospace. To determine such flaws, an area of worse-case scenarios with regard to

The thesis is an investigation on current regulations of commercial aircraft landing and take-off procedures and an analysis of potential weaknesses within the regulatory system for commercial aerospace. To determine such flaws, an area of worse-case scenarios with regard to the aforementioned flight operations was researched. The events selected to best-depict these scenarios where incidents of aircraft overrunning the runway, referred to as runway excursions. A case-study conducted of 44 federal investigations of runway excursions produced data indicating four influential factors within these incidents: weather, pilot error, instrument malfunction, and runway condition. Upon examination, all but pilot error appeared to have federal enforcement to diminish the occurrence of future incidents. This is a direct result of the broad possibilities that make up this factor. The study then searched for a consistent fault within the incidents with the results indicating an indirect relationship of thrust reversers, a technique utilized by pilots to provide additional braking, to these excursions. In cases of thrust reverser failure, pilots' over-reliance on the system lead to time being lost from the confusion produced by the malfunction, ultimately resulting in several different runway excursions. The legal implication with the situation is that current regulations are ambiguous on the subject of thrust reversers and thus do not properly model the usage of the technique. Thus, to observe the scope of danger this ambiguity presents to the industry, the relationship of the technique to commercial aerospace needed to be determined. Interviews were set-up with former commercial pilots to gather data related to the flight crew perspective. This data indicated that thrust reversers were actively utilized by pilots within the industry for landing operations. The problem with the current regulations was revealed that the lack of details on thrust reverser reflected a failure of regulations to model current industry flight operations. To improve safety within the industry, new data related to thrust reverser deployment must be developed and enforced to determine appropriate windows to utilize the technique, thus decreasing time lost in confusion that results from thrust reversers malfunction. Future work would be based on producing simulations to determine said data as well as proposing the policy suggestions produced by this thesis.
Date Created
2014-05
Agent

A Review of Emerging Technologies and Entrepreneurship in Healthcare: Digital Health, Synthetic Biology, and Venture Capital Investment

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Description
The focus shift towards Silicon Valley and similar ecosystems in the past decade, the recent boom in startups and entrepreneurship, and the resurgence of venture capital funding is fueling rapid advancement of modern technologies, such as software, biotechnology, and renewable

The focus shift towards Silicon Valley and similar ecosystems in the past decade, the recent boom in startups and entrepreneurship, and the resurgence of venture capital funding is fueling rapid advancement of modern technologies, such as software, biotechnology, and renewable energy. One facet of the growing entrepreneurial landscape features healthcare technology—a field of research centered upon various technical advances in medicine, software, and hardware. Trends in healthcare technology commercialization represent a promising opportunity for disruption in the healthcare industry. The integration of rapidly iterating software with medical research, timed perfectly with the passage of the Affordable Care Act and the boom of venture capital investment in both Big Data and mobile technology, has the healthcare technology primed for explosive growth over the next decade. Investment data indicates that strong public market activity in the past year will continue to fuel venture capital growth in both the biotechnology and digital health sectors, with the potential for multiple large exits by life sciences companies, more than even software, in the coming year.
Date Created
2014-05
Agent

Conflict of Interest and Medical Devices: Investigating the Relationship between Physicians and the Medical Device Industry

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Description
In a world in which technologies proliferate at a rapid rate, it is no surprise that the medical device industry has grown in leaps and bounds. This surge in medical technology, especially implantable medical technology, has altered the modern operating

In a world in which technologies proliferate at a rapid rate, it is no surprise that the medical device industry has grown in leaps and bounds. This surge in medical technology, especially implantable medical technology, has altered the modern operating room, transforming surgery from a technique-driven activity into a technology-driven profession. This reliance upon technologies has fostered close ties between physicians and the medical device industry and within this relationship, medical device representatives play an integral role. This paper will investigate the relationship that exists between physicians and the medical device industry along with the potential conflicts of interest that may result due to this relationship. I will focus in particular on orthopedic medical devices due to media attention as a result of a 2007 Department of Justice settlement involving the leading orthopedic companies. This case proved instrumental in highlighting previously unknown instances in which conflicts of interest were occurring in the medical device industry.
Date Created
2014-05
Agent

The Bioethics of Cell Free Fetal DNA Testing

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Description
Noninvasive prenatal testing using cell-free fetal DNA (CffDNA) testing is a rapidly developing area in prenatal diagnosis. Fetal genetic testing can occur with a simple maternal blood sample, since CffDNA can be found in maternal plasma. Thus, no harm is

Noninvasive prenatal testing using cell-free fetal DNA (CffDNA) testing is a rapidly developing area in prenatal diagnosis. Fetal genetic testing can occur with a simple maternal blood sample, since CffDNA can be found in maternal plasma. Thus, no harm is caused to mother or fetus to obtain this genetic information, providing significant benefits for those users. How the test should be integrated in existing prenatal programs has yet to be seen. CffDNA testing is an exciting technology and has attracted attention from many stakeholders, yet the lack of regulation and guidance has left legal, ethical, and social questions unanswered. This paper outlines a number of those issues expressed in the present literature on the matter.
Date Created
2014-05
Agent

Empathy, enhancement, and responsibility

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Description
This dissertation engages with the philosophical, psychological, and scientific literature on two important topics: empathy and human enhancement. My two broad goals are to clarify the role of empathy in ascriptions of responsibility and to consider how enhanced empathy might

This dissertation engages with the philosophical, psychological, and scientific literature on two important topics: empathy and human enhancement. My two broad goals are to clarify the role of empathy in ascriptions of responsibility and to consider how enhanced empathy might alter those ascriptions.

First, I argue that empathy is best thought of as a two-component process. The first component is what I call the rational component of empathy (RCE). RCE is necessary for moral responsibility as it allows us to put ourselves in another's shoes and to realize that we would want help (or not to be harmed) if we were in the other's place. The second component is what I call the emotive component of empathy (ECE). ECE is usually an automatic response to witnessing others in distress. Expanding on Michael Slote's view that moral distinctions track degrees of empathy, I argue that it is ECE that varies in strength depending on our relationship to specific people.

Second, I argue that in order to achieve Peter Singer's goal an "expanding circle" of care for all human beings, it will be necessary to use some form of artificial empathy enhancement. Within this context, I try to show that empathy enhancement is 1) a reasonably foreseeable possibility within the next decade or so, and 2) morally defensible.

Third, I argue that philosophers who argue that psychopaths are not morally responsible for their actions are mistaken. As I see it, these philosophers have erred in treating empathy as a singular concept and concluding that because psychopaths lack empathy they cannot be held morally responsible for their actions. The distinction between RCE and ECE allows us to say that psychopaths lack one component of empathy, ECE, but are still responsible for their actions because they clearly have a functional RCE.

Fourth, I paint a portrait of the landscape of responsibility with respect to the enhanced empath. I argue that the enhanced empath would be subject to an expanded sphere of special obligations such that acts that were previously supererogatory become, prima facie, morally obligatory.
Date Created
2016
Agent

Contemplating the use of neuroimaging as evidence in criminal sentencing

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Description
Neuroimaging has appeared in the courtroom as a type of `evidence' to support claims about whether or not criminals should be held accountable for their crimes. Yet the ability to abstract notions of culpability and criminal behavior with confidence from

Neuroimaging has appeared in the courtroom as a type of `evidence' to support claims about whether or not criminals should be held accountable for their crimes. Yet the ability to abstract notions of culpability and criminal behavior with confidence from these imagines is unclear. As there remains much to be discovered in the relationship between personal responsibility, criminal behavior, and neurological abnormalities, questions have been raised toward neuroimaging as an appropriate means to validate these claims.

This project explores the limits and legitimacy of neuroimaging as a means of understanding behavior and culpability in determining appropriate criminal sentencing. It highlights key philosophical issues surrounding the ability to use neuroimaging to support this process, and proposes a method of ensuring their proper use. By engaging case studies and a thought experiment, this project illustrates the circumstances in which neuroimaging may assist in identifying particular characteristics relevant for criminal sentencing.

I argue that it is not a question of whether or not neuroimaging itself holds validity in determining a criminals guilt or motives, but rather a proper application of the issue is to focus on the way in which information regarding these images is communicated from the `expert' scientists to the `non-expert' making decisions about the sentence that are most important. Those who are considering this information's relevance, a judge or jury, are typically not well versed in criminal neuroscience and interpreting the significance of different images. I advocate the way in which this information is communicated from the scientist-informer to the decision-maker parallels in importance to its actual meaning.

As a solution, I engage Roger Pielke's model of honest brokering as a solution to ensure the appropriate use of neuroimaging in determining criminal responsibility and sentencing. A thought experiment follows to highlight the limits of science, engage philosophical repercussions, and illustrate honest brokering as a means of resolution. To achieve this, a hypothetical dialogue reminiscent of Kenneth Schaffner's `tools for talking' with behavioral geneticists and courtroom professionals will exemplify these ideas.
Date Created
2014
Agent

Individualizing the informed consent process for whole genome sequencing: a patient directed approach

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Description
ABSTRACT Whole genome sequencing (WGS) and whole exome sequencing (WES) are two comprehensive genomic tests which use next-generation sequencing technology to sequence most of the 3.2 billion base pairs in a human genome (WGS) or many of the estimated 22,000

ABSTRACT Whole genome sequencing (WGS) and whole exome sequencing (WES) are two comprehensive genomic tests which use next-generation sequencing technology to sequence most of the 3.2 billion base pairs in a human genome (WGS) or many of the estimated 22,000 protein-coding genes in the genome (WES). The promises offered from WGS/WES are: to identify suspected yet unidentified genetic diseases, to characterize the genomic mutations in a tumor to identify targeted therapeutic agents and, to predict future diseases with the hope of promoting disease prevention strategies and/or offering early treatment. Promises notwithstanding, sequencing a human genome presents several interrelated challenges: how to adequately analyze, interpret, store, reanalyze and apply an unprecedented amount of genomic data (with uncertain clinical utility) to patient care? In addition, genomic data has the potential to become integral for improving the medical care of an individual and their family, years after a genome is sequenced. Current informed consent protocols do not adequately address the unique challenges and complexities inherent to the process of WGS/WES. This dissertation constructs a novel informed consent process for individuals considering WGS/WES, capable of fulfilling both legal and ethical requirements of medical consent while addressing the intricacies of WGS/WES, ultimately resulting in a more effective consenting experience. To better understand components of an effective consenting experience, the first part of this dissertation traces the historical origin of the informed consent process to identify the motivations, rationales and institutional commitments that sustain our current consenting protocols for genetic testing. After understanding the underlying commitments that shape our current informed consent protocols, I discuss the effectiveness of the informed consent process from an ethical and legal standpoint. I illustrate how WGS/WES introduces new complexities to the informed consent process and assess whether informed consent protocols proposed for WGS/WES address these complexities. The last section of this dissertation describes a novel informed consent process for WGS/WES, constructed from the original ethical intent of informed consent, analysis of existing informed consent protocols, and my own observations as a genetic counselor for what constitutes an effective consenting experience.
Date Created
2013
Agent

Defining sex and gender in law, politics, and science

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Description
Gender and sex are often conflated. Our laws, policies, and even science establish sex and gender as intrinsically linked and dimorphic in nature. This dissertation examines the relationship between sex and gender and the repercussions of this linked dimorphism in

Gender and sex are often conflated. Our laws, policies, and even science establish sex and gender as intrinsically linked and dimorphic in nature. This dissertation examines the relationship between sex and gender and the repercussions of this linked dimorphism in the realms of law, politics, and science. Chapter One identifies the legal climate for changing one's sexual identity post-surgical reassignment. It pays particular attention to the ability of postsurgical transsexuals to marry in their acquired sex. Chapter Two considers the process for identifying the sex of athletes for the purposes of participation in sex-segregated athletic events, specifically the role of testing and standards for categorization. Chapter Three explores the process of identifying and assigning the sex of intersex children. Chapter Four examines the process of prenatal sex selection and its ethical implications. Chapter Four also offers an anticipatory governance framework to address these implications.
Date Created
2013
Agent