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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 9

Issue 3 Winter 2014

133 The Internet and the Constitution: A Selective Retrospective

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M. Margaret McKeown
177 Pacific Northwest Perspective: The Impact of the America Invents Act on Nonprofit Global Health Organizations

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John Morgan and Veronica Sandoval
227 When Is a YouTube Video a "True Threat"?

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Pedro Celis
239 Aereo and Cablevision: How Courts Are Struggling to Harmonize the Public Performance Right with Online Retransmission of Broadcast Television

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Sam Méndez

Issue 2 Fall 2013

69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

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Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

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Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

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Peter Dang
115 Can You Hear Me Now? The Race to Provide America with Universal, High=Speed Wireless Coverage

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Dina Neda Rezvani

Issue 1 Summer 2013

1 Repairing the Antibiotic Pipeline: Can the GAIN Act Do It?

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Caitlin Forsyth

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

In 2012, the United States Court of Appeals for the Fourth Circuit decided United States v. Lawson, a case of first impression about a juror’s use of Wikipedia during deliberations. Had this case been decided in the 1950s, the juror’s contact with the extra-record material during deliberations would have given rise to a presumption of prejudice in favor of the party claiming he was denied a fair trial. However, in the 1980s and 1990s, the United States Supreme Court seemed to eliminate that presumption and place the burden of proving prejudice on the party seeking a new trial. As a result, federal circuit courts today disagree as to when, if at all, the moving party should enjoy a presumption of prejudice in such cases. But every federal circuit court’s substantive analysis focuses on the nature and impact of the extra-record contact, regardless of whether the presumption applies. This common substantive analysis has been used in Internet-based misconduct cases and should be expected in Wikipedia-based misconduct cases.

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Matthew Fredrickson

Medical Advances, Criminal Disadvantages: The Tension Between Contemporary Antiretroviral Therapy and Criminal HIV Exposure Laws in the Workplace

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Chelsey Heindel

A First Amendment Defense to the Federal Cyberstalking Statute in the Age of Twitter

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Christopher Young