UW School of Law > LTA Journal > Back Issues

Washington Journal of Law, Technology & Arts Issues

Volumes 1 - 5 were published under the journal name "Shidler Journal of Law, Commerce + Technology".

Volume 3

Issue 4 Spring 2007

ArticleTitleAuthor
13 Digitized Book Search Engines and Copyright Concerns

abstract   full article

Ari Okano
14 When is § 230 Immunity Lost?: The Transformation from Website Owner to Information Content Provider

abstract   full article

Karen Alexander Horowitz
15 Cases in Wake of Dastar v. Twentieth Century Fox Continue to Narrow the Scope of a "Reverse Passing Off" Claim

abstract   full article

Jared Barrett
16 Electronic Health Records: Interoperability Challenges Patients' Right to Privacy

abstract   full article

Laura Dunlop

Issue 3 Winter 2007

ArticleTitleAuthor
8 Follow that Car! Legal issues arising from installation of tracking devices in leased consumer goods and equipment

abstract   full article

Leah Altaras
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
11 Enforcement of Contractual Terms in Clickwrap Agreements: Courts Refusing to Enforce Forum Selection and Binding Arbitration Clauses

Courts in three recent cases invalidated portions of consumer clickwrap agreements containing either forum selection or binding arbitration clauses. In the first case, a Washington State Court of Appeals case invalidated a forum selection clause found in a clickwrap agreement because the clause was contrary to state consumer protection clauses. In the second case, a California Court of Appeals rejected a clickwrap agreement calling for binding arbitration in a specified forum when the plaintiff sought to bring a class action claim. Finally, the U.S. Court of Appeals for the Fifth Circuit recently decelerated a binding arbitration clause because it was unconscionable. Although these cases address a relatively new form of contracting known as “clickwrap agreements,” the essential issue in each case was not new. These cases suggest that courts are willing to accept the validity of clickwrap agreements in general, but invalidated the specific clauses based on traditional contract doctrines such as unconscionability and public policy. This Article examines these recent cases in light of existing precedent concerning the enforceability of clickwrap agreements.

full article

Rachel Cormier Anderson
12 E-Contract Formation: U.S. and EU Perspective

abstract   full article

Sylvia Mercado Kierkegaard

Issue 2 Autumn 2006

ArticleTitleAuthor
5 Clicking Away the Competition: The Legal Ramifications of Click Fraud for Companies that Offer Pay Per Click Advertising Services

abstract   full article

Daniel L. Hadjinian
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop

Issue 1 Summer 2006

ArticleTitleAuthor
1 Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.

abstract   full article

Shan Sivalingam
2 The Union Workplace Meets Big Brother: Advising clients on employer conduct with regard to hidden surveillance

abstract   full article

Jamila Asha Johnson
3 Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music

abstract   full article

Jared Barrett
4 Don't Send that E-Mail to a Minor!: Compliance with State Child Protection Registry Statutes

abstract   full article

Laura Dunlop