Washington Journal of Law, Technology & Arts Issues
Volumes 1 - 5 were published under the journal name
"Shidler Journal of Law, Commerce + Technology".
Volume 7
Issue 4
Spring 2012
| Article | Title | Author |
|---|
| 319 |
Foreword
abstract
full article
|
Martin J. Adelman |
| 325 |
Developments in the Jurisprudence on the Use of Experts
abstract
full article
|
Hon. Marilyn L. Huff |
| 335 |
Tuning the Obviousness Inquiry After KSR
abstract
full article
|
Mark D. Janis |
| 353 |
Patent Law's Falstaff: Inequitable Conduct, the Federal Circuit, and Therasense
abstract
full article
|
John M. Golden |
| 379 |
Chief Judge Rader's Contribution to Comparative Patent Law
abstract
full article
|
Toshiko Takenaka |
| 405 |
Antiformalism at the Federal Circuit: The Jurisprudence of Chief Judge Rader
abstract
full article
|
Peter Lee |
| 427 |
Celebrating Contributions of Chief Judge Rader to Patent Infringement Jurisprudence
abstract
full article
|
Katherine E. White |
| 445 |
Fostering the Business of Innovation: The Untold Story of Bowers v. Baystate Technologies
Perhaps the law review literature does not need another article on the Federal Circuit’s Bowers v. Baystate Technologies case. That case has received more than its share of attention from commentators, all criticizing Judge Rader’s majority opinion and most extolling the virtues of Judge Dyk’s dissent. Despite the storm of scholarly criticism, however, courts have followed Judge Rader’s opinion. This Article tells the untold story of why courts have been wise to do so. The Article explains how commentators have argued that federal intellectual property law should have preempted Bowers’ claims for breach of a shrinkwrap license prohibition on reverse engineering. Instead, Judge Rader’s majority opinion eliminated Bowers’ copyright claim by refusing to award Bowers any remedies for copyright infringement and hinted that in many instances contract damages for breach of a prohibition on reverse engineering would be de minimus. By using remedies rather than federal law preemption, Judge Rader’s approach achieved a result that was fairer to the parties and more congruent with sound innovation policy and the business of innovation.
full article
|
Robert W. Gomulkiewicz |
| 467 |
Chief Judge Rader's Material Contribution to Geographic Indicator Analysis
abstract
full article
|
Signe H. Naeve |
| 501 |
Influencing the Evolving IP System and Law Through International Outreach
abstract
full article
|
Esther H. Lim |
| 515 |
Efforts to Establish Clear Standards for Exhaustion in Japan
abstract
full article
|
Kaoru Kuroda and Eiji Katayama |
Issue 3
Winter 2012
| Article | Title | Author |
|---|
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 295 |
Internet as a Human Right: A Practical Legal Framework to Address the Unique Nature of the Medium and to Promote Development
abstract
full article
|
Young Joon Lim and Sarah E. Sexton |
Issue 2
Fall 2011
| Article | Title | Author |
|---|
| 75 |
Ninth Circuit Unmasks Anonymous Internet Users and Lowers the Bar for Disclosure of Online Speakers
abstract
full article
|
Mallory Allen |
| 93 |
Juror Investigation: Is In-Courtroom Internet Research Going Too Far?
abstract
full article
|
Duncan Stark |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 121 |
Discovery of Breathalyzer Source Code in DUI Prosecutions
abstract
full article
|
Aurora J. Wilson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
Issue 1
Summer 2011
| Article | Title | Author |
|---|
| 1 |
Broadcasting Expectations: An Unprotected Wireless Network Takes on Constitutional Dimensions
abstract
full article
|
Duncan Stark |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 27 |
Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases
abstract
full article
|
Luke M. Rona |
| 47 |
Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?
abstract
full article
|
Connor Moran |
| 59 |
Fair Notice: Providing for Electronic Document Transmissions to Shareholders in Washington State
abstract
full article
|
James L. Proctor, Jr. |