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 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. |
Volume 6
Issue 4
Spring 2011
| Article | Title | Author |
|---|
| 259 |
Choose Your Words Wisely: Affirmative Representations as a Limit on § 230 Immunity
abstract
full article
|
Jeffrey R. Doty |
| 273 |
United States v. Berger: The Rejection of Civil Loss Causation Principles in Connection with Criminal Securities Fraud
abstract
full article
|
James A. Jones II |
| 285 |
Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data
abstract
full article
|
Amber L. Leaders |
| 297 |
A Survey of the DMCA’s Copyright Management Information Protections: The DMCA’s CMI Landscape After All Headline News and McClatchey
abstract
full article
|
Susuk Lim |
| 311 |
Jacobson Revisited: Conditions, Covenants and the Future of Open-Source Software Licenses
abstract
full article
|
Yamini Menon |
Issue 3
Winter 2011
| Article | Title | Author |
|---|
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 185 |
Standardizing Warhol: Antitrust Liability for Denying the Authenticity of Artwork
abstract
full article
|
Gareth S. Lacy |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
Issue 2
Autumn 2010
| Article | Title | Author |
|---|
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 111 |
Outsider Hacking and Insider Trading: The Expansion of Liability Absent a Fiduciary Duty
abstract
full article
|
James A. Jones II |
| 125 |
Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com
abstract
full article
|
Jeffrey R. Doty |
| 143 |
Location Surveillance by GPS: Balancing an Employer’s Business Interest with Employee Privacy
abstract
full article
|
Kendra Rosenberg |
| 155 |
Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm
abstract
full article
|
Susuk Lim |
Issue 1
Summer 2010
| Article | Title | Author |
|---|
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 15 |
Arbitration Nation: Wireless Services Providers and Class Action Waivers
abstract
full article
|
Alexander J. Casey |
| 33 |
Mobile Marketing Derailed: How Curbing Cell-Phone Spam in Satterfield v. Simon & Schuster May Have Banned Text-Message Advertising
abstract
full article
|
Gareth S. Lacy |
| 49 |
Communications Decency Act Provides No Safe Harbor Against Antifraud Liability or Hyperlinks to Third-Party Content Under the Securities and Exchange Act
abstract
full article
|
Sheri Wardwell |
| 67 |
Stevens v. Publicis: The Rise of "No E-Mail Modification" Clauses?
abstract
full article
|
Stephanie Holmes |
| 83 |
Trusting the Machines: New York State Bar Ethics Opinion Allows Attorneys to Use Gmail
abstract
full article
|
Kevin Raudebaugh |
Volume 5
Issue 5
Spring 2009 Supplemental
| Article | Title | Author |
|---|
| 20 |
Willful Infringement After Seagate: How the Willfulness Standard Has Changed and What Attorneys Should Know About It
abstract
full article
|
Kevin Raudebaugh |
| 21 |
Safe Haven No More: How Online Affiliate Marketing Programs Can Minimize New State Sales Tax Liability
abstract
full article
|
Jennifer Heidt White |
| 22 |
Invalidity of Covenants not to Compete in California Affects Employers Nationwide
abstract
full article
|
Sheri Wardwell |
| 23 |
Evaluating Columbia Pictures Industries v. Bunnell and the Role of RAM Under the Federal Rules of Civil Procedure on E-discovery
abstract
full article
|
Loren M. Hall |
| 24 |
Intellectual Property Protection for Fashion Design: An Overview of Existing Law and A Look Toward Proposed Legislative Changes
abstract
full article
|
Elizabeth Mills |
Issue 4
Spring 2009
| Article | Title | Author |
|---|
| 15 |
You Can Send This But Not That: Creating and Enforcing Employer Email Policies Under Sections 7 and 8 of the National Labor Relations Act After Register Guard
abstract
full article
|
By Nicole Lindquist |
| 16 |
Internet User Anonymity, First Amendment Protections and Mobilisa: Changing the Cahill Test
abstract
full article
|
Kristina Ringland |
| 17 |
Where Vernor v. Autodesk Fits Into First Sale Decisions
abstract
full article
|
Thomas A. Hackett |
| 18 |
User Privacy and Information Disclosure: The Need for Clarity in "Opt-In" Questions for Consent to Share Personal Information
abstract
full article
|
Suzanna Shaub |
| 19 |
Text Message Monitoring After Quon v. Arch Wireless: What Private Employers Need to Know About the Stored Communications Act and an Employee's Right to Privacy
abstract
full article
|
Jennifer Heidt White |
Issue 3
Winter 2009
| Article | Title | Author |
|---|
| 11 |
Standardization in the European Information and Technology Sector: Official Procedures on the Verge of Being Overhauled
abstract
full article
|
Patrick Van Eecke & Maarten Truyens |
| 12 |
Electronic Pitfalls: The Online Modification of Ongoing Consumer Service Agreements
abstract
full article
|
Ben Casady |
| 13 |
The European Union's Data Retention Directive and the United States's Data Preservation Laws: Finding the Better Model
abstract
full article
|
Kristina Ringland |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
Issue 2
Autumn 2008
| Article | Title | Author |
|---|
| 6 |
Age Verification as a Shield for Minors on the Internet: A Quixotic Search?
abstract
full article
|
Francoise Gilbert |
| 7 |
Federal Tax Consequences of Virtual World Transactions
abstract
full article
|
Martin Bingisser |
| 8 |
Ethical Duties to Prospective Clients Who Send Unsolicited Emails
abstract
full article
|
Nicole Lindquist |
| 9 |
Border Searches of Laptop Computers after United States v. Arnold: Implications for Traveling Professionals
abstract
full article
|
Cooper Offenbecher |
| 10 |
MySpace or Yours? The Impact of the MySpace-Attorneys General Agreement on Online Businesses
abstract
full article
|
Chelsea Peters |
Issue 1
Summer 2008
| Article | Title | Author |
|---|
| 1 |
Ethical Considerations for Blog-Related Discovery
abstract
full article
|
Jason Boulette and Tanya DeMent |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
abstract
full article
|
Riana Pfefferkorn |
| 3 |
De-Identified Data and Third Party Data Mining: The Risk of Re-Identification of Personal Information
abstract
full article
|
C. Christine Porter |
| 4 |
Whole Foods, Unwholesome Practices: Will Sock Puppeteers be Held Accountable for Pseudonymous Web Postings?
abstract
full article
|
Chelsea Peters |
| 5 |
Does the U.S. SAFE WEB Act Strike the Proper Balance Between Law Enforcement Interests and Privacy Interests?
abstract
full article
|
Shaobin Zhu |
Volume 4
Issue 4
Spring 2008
| Article | Title | Author |
|---|
| 11 |
Liability for Consumer Information Security Breaches: Deconstructing FTC Complaints against Businesses Victimized by Consumer Information Security Breaches
abstract
full article
|
Joel B. Hanson |
| 12 |
No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach
abstract
full article
|
Derek A. Bishop |
| 13 |
To Mine or Not to Mine: Recent Developments in the Legal Ethics Debate Regarding Metadata
abstract
full article
|
Boris Reznikov |
Issue 3
Winter 2008
| Article | Title | Author |
|---|
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 9 |
Data Privacy and Breach Reporting: Compliance with Varying State Laws
abstract
full article
|
G. Martin Bingisser |
| 10 |
Applying the Americans with Disabilities Act to Private Websites after National Federation of the Blind v. Target
abstract
full article
|
Jeffrey Bashaw |
Issue 2
Autumn 2007
| Article | Title | Author |
|---|
| 5 |
"Can I See Some ID?" Age Verification Requirements for the Online Liquor Store
abstract
full article
|
Boris Reznikov |
| 6 |
Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?
abstract
full article
|
Cooper Offenbecher |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
Issue 1
Summer 2007
| Article | Title | Author |
|---|
| 1 |
Employee Internet Misuse: How Failing to Investigate Pornography May Lead To Tort Liability
abstract
full article
|
Jamila Johnson |
| 2 |
Don't Bet on it: How Complying with Federal Internet Gambling Law is not Enough
abstract
full article
|
Jennifer W. Chiang |
| 3 |
Reach Out and Text Someone: How Text Message Spam May Be a Call Under the TCPA
abstract
full article
|
Daniel L. Hadjinian |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
Volume 3
Issue 4
Spring 2007
| Article | Title | Author |
|---|
| 13 |
Digitized Book Search Engines and Copyright Concerns
abstract
full article
|
Ari Okano |
| 14 |
When is § 230 Immunity Lost?: The Transformation from Website Owner to Information Content Provider
abstract
full article
|
Karen Alexander Horowitz |
| 15 |
Cases in Wake of Dastar v. Twentieth Century Fox Continue to Narrow the Scope of a "Reverse Passing Off" Claim
abstract
full article
|
Jared Barrett |
| 16 |
Electronic Health Records: Interoperability Challenges Patients' Right to Privacy
abstract
full article
|
Laura Dunlop |
Issue 3
Winter 2007
| Article | Title | Author |
|---|
| 8 |
Follow that Car! Legal issues arising from installation of tracking devices in leased consumer goods and equipment
abstract
full article
|
Leah Altaras |
| 9 |
Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws
abstract
full article
|
Shan Sivalingam |
| 10 |
Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision
abstract
full article
|
Kelcey Nichols |
| 11 |
Enforcement of Contractual Terms in Clickwrap Agreements: Courts Refusing to Enforce Forum Selection and Binding Arbitration Clauses
abstract
full article
|
Rachel Cormier Anderson |
| 12 |
E-Contract Formation: U.S. and EU Perspective
abstract
full article
|
Sylvia Mercado Kierkegaard |
Issue 2
Autumn 2006
| Article | Title | Author |
|---|
| 5 |
Clicking Away the Competition: The Legal Ramifications of Click Fraud for Companies that Offer Pay Per Click Advertising Services
abstract
full article
|
Daniel L. Hadjinian |
| 6 |
Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers
abstract
full article
|
Kelcey Nichols |
| 7 |
To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?
abstract
full article
|
Derek A. Bishop |
Issue 1
Summer 2006
| Article | Title | Author |
|---|
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 2 |
The Union Workplace Meets Big Brother: Advising clients on employer conduct with regard to hidden surveillance
abstract
full article
|
Jamila Asha Johnson |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Don't Send that E-Mail to a Minor!: Compliance with State Child Protection Registry Statutes
abstract
full article
|
Laura Dunlop |
Volume 2
Issue 4
Spring 2006
| Article | Title | Author |
|---|
| 15 |
Easy Come, Easy Go: Copyright Infringement and the DMCA's Notice and Takedown Provision in Light of Rossi v. MPAA
abstract
full article
|
Lawrence F. Rozsnyai |
| 16 |
The Failures and Promises of Canada’s Alternative Compensation System for Private Reproduction of Copyrighted Recordings
abstract
full article
|
Evgenia Fkiaras |
| 17 |
The SPY ACT: Ditching Damages as an Element of Liability for On-Line Conduct Between Private Parties?
abstract
full article
|
Andrew T. Braff |
| 18 |
Applying the Wiretap Act to Online Communications after <em>United States v. Councilman
abstract
full article
|
Jessica Belskis |
| 19 |
Compliance with California Privacy Laws: Federal Law Also Provides Guidance to Businesses Nationwide
abstract
full article
|
Anthony D. Milewski Jr. |
Issue 3
Autumn 2005
| Article | Title | Author |
|---|
| 10 |
When Small Technology is a Big Deal: Legal Issues Arising From Business Use of RFID
abstract
full article
|
D. Zachary Hostetter |
| 11 |
Wait! Don’t fire that blogger! What Limits Does Labor Law Impose on Employer Regulation of Employee Blogs?
abstract
full article
|
Carson Strege-Flora |
| 12 |
The Fight to Save America’s Inbox: State Legislation and Litigation in the Wake of CAN-SPAM
abstract
full article
|
Emma Scanlan |
| 13 |
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
abstract
full article
|
Jessica Belskis |
| 14 |
American and French Perspectives on Trademark Keying: The Courts Leave Businesses Searching for Answers
abstract
full article
|
Terrance J. Keenan |
Issue 2
Autumn 2005
| Article | Title | Author |
|---|
| 5 |
The FACT Act of 2003: Securing Personal Information In an Age of Identity Theft
abstract
full article
|
Terrance J. Keenan |
| 6 |
Liability Under the Americans with Disabilities Act for Private Web Site Operators
abstract
full article
|
Evgenia Fkiaras |
| 7 |
Streamlined Sales and Use Tax Agreement: Is Your Business Ready for Compliance?
abstract
full article
|
Anthony D. Milewski Jr. |
| 8 |
Proposed Federal Definition of "Internet Job Applicant" Suggests Need for Revised Human Resource Policies
abstract
full article
|
Strege-Flora |
| 9 |
"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters
abstract
full article
|
Mafé Rajul |
Issue 1
Summer 2005
| Article | Title | Author |
|---|
| 1 |
Defining Spyware: Necessary or Dangerous
abstract
full article
|
Andrew T. Braff |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 3 |
E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs
abstract
full article
|
Mafé Rajul |
| 4 |
Bigger Fish, Deeper Pockets: Business Blogs, Defamation and the Communications Decency Act
abstract
full article
|
Emma Scanlan |
Volume 1
Issue 3
Summer 2005
| Article | Title | Author |
|---|
| 9 |
Will Wi-Fi Make Your Private Network Public? Wardriving, Criminal and Civil Liability, and the Security Risks of Wireless Networks
abstract
full article
|
Anita Ramasastry, Jane K. Winn and Peter Winn |
| 10 |
Safe Harbor Agreement - Boon or Bane?
abstract
full article
|
Sylvia Mercado Kierkegaard |
| 11 |
A Few Degrees off the Mark: Miniature Missteps that Can Render the Safe Harbors of the DMCA Inaccessible
abstract
full article
|
Nicole J. Nyman |
| 12 |
Pop Goes The Trademark? Competitive Advertising on the Internet
abstract
full article
|
Kendall Bodden |
Issue 2
Winter 2005
| Article | Title | Author |
|---|
| 5 |
Tax Implications of Using Out-of-State Computer Servers
abstract
full article
|
Paula K. Royalty |
| 6 |
Tangible Cash for an Intangible Loss? Insurance Coverage for Damage or Loss of Third-Party Data
abstract
full article
|
Kendall Bodden |
| 7 |
Risky Business: What Must Employers Do to Shield Against Liability for Employee Wrongdoings in the Internet Age?
abstract
full article
|
Nicole J. Nyman |
| 8 |
When Invisible Electronic Ink Leaves Red Faces: Tactical, Legal and Ethical Consequences of the Failure to Remove Metadata
abstract
full article
|
Jembaa Cole |
Issue 1
Spring 2004
| Article | Title | Author |
|---|
| 1 |
When is a Phone Call Not a Phone Call? Legal Issues Arising From Business Use of VoIP
abstract
full article
|
Paula K. Royalty |
| 2 |
Oops! The Legal Consequences Of and Solutions To Online Pricing Errors
abstract
full article
|
Benjamin Groebner |
| 3 |
CAN Law Firms SPAM?
abstract
full article
|
Kevin Michael |
| 4 |
Not Child's Play: Compliance with the Children's Online Privacy Protection Rule
abstract
full article
|
Kristin Bryant |