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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 4 Spring 2014

ArticleTitleAuthor
267 Who Knew? Refining the "Knowability" Standard for the Future of Potentially Hazardous Technologies

As consumer technology becomes increasingly complex, so too does the manufacturer’s task in assessing the scope of its duty to warn of potential dangers. A recent decision by the United States Court of Appeals for the Ninth Circuit, Rosa v. Taser International, Inc., offers a prime illustration of this challenge through its analysis of a hazard posed by Taser weaponry. The Rosa court highlighted a point of uncertainty in this area of law: courts typically determine which hazards were knowable at the time of manufacture as a matter of law, but they sometimes do so in the absence of a comprehensive standard. This Article evaluates the Ninth Circuit’s approach as a potential model for other courts. After a brief survey of U.S. products liability law pertaining to the “knowability” requirement, this Article analyzes the Rosa decision. Although the Rosa court bemoaned the absence of a comprehensive standard for making this determination in California, the court’s reasoning implicitly suggests a three-part test that could serve as a model in California and elsewhere. Such a standard would reduce the legal uncertainty faced by manufacturers assessing the extent of their duty and by plaintiffs assessing the strength of their claims.

full article

Scott P. Kennedy
287 Are Courts Phoning It In? Resolving Problematic Reasoning in the Debate over Warrantless Searches of Cell Phones Incident to Arrest

abstract   full article

Derek A. Scheurer
331 Forced Turnovers: Using Eminent Domain to Build Professional Sports Venues

abstract   full article

Peter Montine
349 Sentencing Court Discretion and the Confused Ban on Internet Bans

abstract   full article

Matthew Fredrickson

Issue 3 Winter 2014

ArticleTitleAuthor
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

abstract   full article

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

abstract   full article

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

abstract   full article

Sam Méndez

Issue 2 Fall 2013

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

abstract   full article

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

abstract   full article

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

abstract   full article

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

abstract   full article

Dina Neda Rezvani

Issue 1 Summer 2013

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

abstract   full article

Caitlin Forsyth
19

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

abstract   full article

Matthew Fredrickson
35

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

abstract   full article

Chelsey Heindel
53

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

abstract   full article

Christopher Young