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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

abstract   full article

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

abstract   full article

Matthew Fredrickson

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

 In 1988, the Washington Legislature classified intentionally exposing individuals to the human immunodeficiency virus (HIV) as criminal assault in the first degree. Lawmakers intended to penalize infected individuals without conditioning criminal liability on actual HIV transmission. Since 1988, however, medical technologies and effective HIV treatment have rapidly advanced. Recent studies indicate that effective antiretroviral therapy (ART) can reduce HIV transmission risks to a virtual impossibility during moments of intentional exposure.

Despite these medical advances, the 1988 exposure law remains unchanged. Consequently, individuals undergoing effective ART risk felony liability within the course of commonplace work conduct by intentionally exposing others to a virtually impossible chance of HIV transmission. This Article will begin by reviewing how outdated legislation and judicial precedent impact HIV-positive people, as well as the employers and employees implicated as victims under criminal exposure laws, by highlighting the stark contrast between the law and the technological advances in HIV treatment. The Article will then consider ways in which state legislatures and legal practitioners can simultaneously encourage responsible HIV treatment while honoring the utilitarian justifications underpinning criminal exposure laws.

full article

Chelsey Heindel

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

abstract   full article

Christopher Young