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
| Article | Title | Author |
|---|
| 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
| Article | Title | Author |
|---|
| 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
| Article | Title | Author |
|---|
| 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
| Article | Title | Author |
|---|
| 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 |