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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

In 2003, the United States Supreme Court decided Dastar Corp. v. Twentieth Century Fox Film Corp, narrowing the scope of protection under the federal Lanham Act for “reverse passing off.” “Reverse passing off” is derived from the statutory language in § 43(a) of the Lanham Act prohibiting a “false designation of origin” that is likely to cause consumer confusion and generally occurs where one company puts forth another company’s product as its own. A “reverse passing off” claim was also thought to be feasible against one who misrepresented the source of the creative or communicative work embodied in a product. In Dastar, however, the Court limited the ability to bring a claim of “reverse passing off” by narrowly defining the term “origin,” holding that “origin” refers only to the source of the tangible goods and not to the source of any idea, concept or communication embodied in the tangible goods. Following Dastar, several cases have further defined the scope of a “reverse passing off” claim. This Article introduces the concept of “reverse passing off” and then discusses the impact of Dastar and its application in subsequent cases.

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

abstract   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