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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 5

Issue 5 Spring 2009 Supplemental

ArticleTitleAuthor
20 Willful Infringement After Seagate: How the Willfulness Standard Has Changed and What Attorneys Should Know About It

abstract   full article

Kevin Raudebaugh
21

Safe Haven No More: How Online Affiliate Marketing Programs Can Minimize New State Sales Tax Liability

Affiliate marketing has become a popular and profitable way for online merchants to access potential buyers, especially where those merchants lack a physical presence in the buyer’s home state. By increasing market penetration and brand recognition, affiliates have contributed to the growth of e-commerce and, consequently, the growth of untaxed electronic purchases. As a result, affiliates recently became the focus of states looking to capture lost sales tax revenue from online sales. In 2008, New York became the first state to target affiliate marketing programs with a tax amendment that requires out-of-state vendors that solicit more than $10,000 worth of sales via commissioned in-state representatives to collect and remit state sales taxes. The statute survived a Federal constitutional challenge at the state court level in Amazon.com v. New York State Department of Taxation and Finance. However, many questions still remain regarding the implications of the new state law and the future of tax-free affiliate marketing in the many states considering similar taxes. This Article explores the enacted and proposed tax amendments and how businesses can adjust their affiliate marketing programs to minimize responsibility under the new requirements.

full article

Jennifer Heidt White
22

Invalidity of Covenants not to Compete in California Affects Employers Nationwide

abstract   full article

Sheri Wardwell
23

Evaluating Columbia Pictures Industries v. Bunnell and the Role of RAM Under the Federal Rules of Civil Procedure on E-discovery

abstract   full article

Loren M. Hall
24

Intellectual Property Protection for Fashion Design: An Overview of Existing Law and A Look Toward Proposed Legislative Changes

abstract   full article

Elizabeth Mills

Issue 4 Spring 2009

ArticleTitleAuthor
15

You Can Send This But Not That: Creating and Enforcing Employer Email Policies Under Sections 7 and 8 of the National Labor Relations Act After Register Guard

abstract   full article

By Nicole Lindquist
16

Internet User Anonymity, First Amendment Protections and Mobilisa: Changing the Cahill Test

abstract   full article

Kristina Ringland
17

Where Vernor v. Autodesk Fits Into First Sale Decisions

abstract   full article

Thomas A. Hackett
18

User Privacy and Information Disclosure: The Need for Clarity in "Opt-In" Questions for Consent to Share Personal Information

abstract   full article

Suzanna Shaub
19

Text Message Monitoring After Quon v. Arch Wireless: What Private Employers Need to Know About the Stored Communications Act and an Employee's Right to Privacy

abstract   full article

Jennifer Heidt White

Issue 3 Winter 2009

ArticleTitleAuthor
11

Standardization in the European Information and Technology Sector: Official Procedures on the Verge of Being Overhauled

abstract   full article

Patrick Van Eecke & Maarten Truyens
12

Electronic Pitfalls: The Online Modification of Ongoing Consumer Service Agreements

abstract   full article

Ben Casady
13

The European Union's Data Retention Directive and the United States's Data Preservation Laws: Finding the Better Model

abstract   full article

Kristina Ringland
14

The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor

 

abstract   full article

Christopher L. Kuyper

Issue 2 Autumn 2008

ArticleTitleAuthor
6

Age Verification as a Shield for Minors on the Internet: A Quixotic Search?

abstract   full article

Francoise Gilbert
7

Federal Tax Consequences of Virtual World Transactions

abstract   full article

Martin Bingisser
8

Ethical Duties to Prospective Clients Who Send Unsolicited Emails

abstract   full article

Nicole Lindquist
9

Border Searches of Laptop Computers after United States v. Arnold: Implications for Traveling Professionals

abstract   full article

Cooper Offenbecher
10

MySpace or Yours? The Impact of the MySpace-Attorneys General Agreement on Online Businesses

abstract   full article

Chelsea Peters

Issue 1 Summer 2008

ArticleTitleAuthor
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
2

Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom

abstract   full article

Riana Pfefferkorn
3

De-Identified Data and Third Party Data Mining: The Risk of Re-Identification of Personal Information

 

abstract   full article

C. Christine Porter
4

Whole Foods, Unwholesome Practices: Will Sock Puppeteers be Held Accountable for Pseudonymous Web Postings?

abstract   full article

Chelsea Peters
5

Does the U.S. SAFE WEB Act Strike the Proper Balance Between Law Enforcement Interests and Privacy Interests?

abstract   full article

Shaobin Zhu