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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

abstract   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

In United States v. Wright, issued June 2013, the United States Court of Appeals for the Sixth Circuit cited a supposed consensus among circuit courts that Internet bans are per se unreasonably broad sentences in electronic child pornography possession and distribution cases. This Article demonstrates that the Sixth Circuit’s claim of a consensus is mistaken. While some circuit courts have limited judicial sentencing discretion when it comes to imposing Internet bans, many more have not imposed this limit. Despite this lack of consensus, in cases where such bans are challenged, most courts make their decisions partly based on either the Internet’s pervasive importance in modern society or its capacity for rapid change. Though the claim of a consensus is incorrect, pointing to the Internet’s unique qualities, especially its pervasive importance, remains a compelling argument.

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