Washington Journal of Law, Technology & Arts Issues
Volumes 1 - 5 were published under the journal name
"Shidler Journal of Law, Commerce + Technology".
Volume 15
Issue 1
Fall 2019
| Article | Title | Author |
|---|
| 1 |
Featurization and the Myth of Data Empowerment
abstract
full article
|
Nur Lalji |
| 36 |
Censtorshp, Free Speech & Facebook: Applying the First Amendment to Social Media Platforms via the Public Function Exception
abstract
full article
|
Matthew Hooker |
Volume 14
Issue 2
Spring 2019
| Article | Title | Author |
|---|
| 77 |
Animal Healthcare Robots: The Case for Privacy Regulation
abstract
full article
|
Sulaf Al-Saif |
| 103 |
Science and Privacy: Data Protection Laws and Their Impact on Research
abstract
full article
|
Mike Hintze |
| 138 |
Transformative Variations: The Uses and Abuses of the Transformative Use Doctrine in Right of Publicity Law
abstract
full article
|
Matthew D. Bunker and Emily Erickson |
Issue 1
Fall 2018
| Article | Title | Author |
|---|
| 1 |
Remarks on the Problem of Scope in IP
abstract
full article
|
Mark P. McKenna |
| 34 |
Everyone Wants to See the Entire History of You
abstract
full article
|
Caesar Kalinowski IV |
| 49 |
Blame it on the Machine: A Socio-Legal Analysis of Liability in an AI World
abstract
full article
|
Michael Callier and Harly Callier |
Volume 13
Issue 3
Spring 2018
| Article | Title | Author |
|---|
| 217 |
How Machines Learn: Where do Companies get Data for Machine Learning and What Licenses do They Need?
abstract
full article
|
Rachel Wilka, Rachel Landy, and Scott A. McKinney |
| 245 |
Fair Use, Fair Play: Video Game Performances and “Let’s Plays” as Transformative Use
abstract
full article
|
Dan Hagen |
| 275 |
Robots Welcome? Ethical and Legal Considerations for Web Crawling and Scraping
abstract
full article
|
Zachary Gold and Mark Latonero |
| 313 |
Smart Contracts, Blockchain, and the Next Frontier of Transactional Law
abstract
full article
|
Scott A. McKinney, Rachel Landy, and Rachel Wilka |
Issue 2
Winter 2018
| Article | Title | Author |
|---|
| 109 |
Bio-property Contracts in a New Ecosystem: Genetic Resources Access and Benefit Sharing
abstract
full article
|
Mariko Kageyama |
| 141 |
Approximating a Federal Patent District Court After TC Heartland
abstract
full article
|
Timothy T. Hsieh |
| 165 |
Report and Recommendations of the Arizona Task Force on Court Management of Digital Evidence
abstract
full article
|
Honorable Samuel A. Thumma & the Arizona Task Force on Court Management of Digital Evidence |
| 201 |
The State Department Can Gun Down 3-D Printed Firearms
abstract
full article
|
Derk Westermeyer |
Issue 1
Fall 2017
| Article | Title | Author |
|---|
| 1 |
Neighborhood Watch 2.0: private Surveillance and the Internet of Things
abstract
full article
|
Daniel Healow |
| 27 |
The Drone Wars: The Need for Federal Protection of Individual Privacy
abstract
full article
|
Toban Platt |
| 49 |
Law at the Speed of Dial Up: The Need for a Clear Standard for Employee Use of Employer-Provided Email Systems that Will Withstand Changing Technology
abstract
full article
|
Jeffrey S. Bosley & Taylor Ball |
| 69 |
Why the Renewable Energy Credit Market Needs Standardization
abstract
full article
|
Lisa Koperski |
Volume 12
Issue 4
Spring 2017
| Article | Title | Author |
|---|
| 481 |
“Let’s Go Crazy” with Fair Use: Amending the Digital Millennium Copyright Act
abstract
full article
|
Kiran K. Jassal |
| 501 |
Taking Care of Article 6bisness: How Belmora LLC V. Bayer Consumer Care AG Made The Well-Known Mark Doctrine Inevitable In The U.S.
abstract
full article
|
Gwen Wei |
Issue 3
Future of Innovation in Medicine Symposium 2017
| Article | Title | Author |
|---|
| 211 |
Future of Innovation in Medicine: Incentives for New Medical Treatments and Global Health
abstract
full article
|
The Right Honorable Professor Sir Robin Jacob |
| 219 |
The Patent and Non-Patent Incentives for Research and Development on New Uses of Known Pharmaceuticals in Japan
abstract
full article
|
Toshiko Takenaka |
| 245 |
Infringement of Swiss-Type Second Medical Use Patent Claims in Germany – Recent Developments in Case Law
abstract
full article
|
Dr. Matthias Zigann |
| 253 |
Innovation in Known Drugs – The European Angle
abstract
full article
|
Dr. Galit Gonen |
| 293 |
Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health
abstract
full article
|
Transcript |
Issue 2
Winter 2017
| Article | Title | Author |
|---|
| 123 |
From Monkey Selfies to Open Source: The Essential Interplay of Creative Culture, Technology, Copyright Office Practice, and the Law
abstract
full article
|
Maria Pallante |
| 145 |
"Reasonable Zones of Privacy"- The Supreme Court's Struggle to Find Clarity in the American Landscape Regarding Fourth Amendment Rights
abstract
full article
|
Alex Alben |
| 159 |
Deepsouth will Rise Again - The Argument in Favor of the Federal Circuit's Holding in Promega Corp. v. Life Technologies
abstract
full article
|
Christopher Ainscough |
| 189 |
Revenge Porn and Narrowing the CDA: Litigating a Web-Based Tort in Washington
abstract
full article
|
Jessy R. Nations |
Issue 1
Fall 2016
| Article | Title | Author |
|---|
| 1 |
The Influence of Special Interest Groups on Copyright Law and Policy—A Comparison of the Legislative Processes in the United States and Switzerland
abstract
full article
|
Michael Kunz |
| 61 |
Equitable Recovery for Ashley Madison Hack Victims: The Federal Trade Commission as Executor of a Narrow Right to be Forgotten in the United States
abstract
full article
|
Mackenzie Olson |
| 77 |
How the Washington State Supreme Court Wrongly Applied the Communications Decency Act in Village Voice, and What it Means for Internet Service Providers
abstract
full article
|
Samuel Daheim |
| 95 |
Privacy Harmonization and the Developing World: The Impact of the EU’s General Data Protection Regulation on Developing Economies
abstract
full article
|
Tiffany Curtiss |
Volume 11
Issue 5
Spring 2016
| Article | Title | Author |
|---|
| 385 |
General Public License Version 2: The Risk of Direct Patent Infringement
abstract
full article
|
Chike Eze |
| 405 |
A Comparative Study of Non-Compete Agreements for Trade Secret Protection in the United States and China
abstract
full article
|
Hui Shangguan |
| 439 |
Can Siri 10.0 Buy Your home? The Legal And Policy Based Implications Of Artificial Intelligent Robots Owning Real Property
abstract
full article
|
David Marc Rothenberg |
| 461 |
Sugar High
abstract
full article
|
Andrew Fuller |
Issue 4
Winter 2016
| Article | Title | Author |
|---|
| 285 |
Jail (E)Mail: Free Speech Implications of Granting Inmates Access to Electronic Messaging Services
abstract
full article
|
Brennen J. Johnson |
| 311 |
End of the Parallel Between Patent Law’s § 284 Willfulness and § 285 Exceptional Case Analysis
abstract
full article
|
Don Zhe Nan Wang |
| 331 |
Undermining Bitcoin
abstract
full article
|
Sam Hampton |
| 355 |
Much Ado About Transformativeness: The Seventh Circuit and Market-Centered Fair Use
abstract
full article
|
Aaron B. Wicker |
Issue 3
Fall 2015
| Article | Title | Author |
|---|
| 155 |
Throwing the Flag on Pay-for-Play: The O'Bannon Ruling and the Future of Paid Student-Athletes
abstract
full article
|
Joseph Davison |
| 183 |
The Woolly-Mammoth in the Room: The Patentability of Animals Brought Back From Extinction Through Cloning and Genetic Engineering
abstract
full article
|
Miriam Ricanne Swedlow |
| 197 |
The Limits of the Freedom Act's Amicus Curiae
abstract
full article
|
Chad Squitieri |
| 211 |
The DMCA Rulemaking Mechanism: Fail or Safe?
abstract
full article
|
Maryna Koberidze |
Issue 2
Summer 2015
| Article | Title | Author |
|---|
| 63 |
Real-Time Sports Data and the First Amendment
abstract
full article
|
Ryan M. Rodenberg, John T. Holden & Asa D. Brown |
| 105 |
From Inwood to Internet and Beyond: Assessing the Web Host-User Relationship in Contributory Online Trademark Infringement
abstract
full article
|
Julie Liu |
| 125 |
Paying for Nude Celebrities: Testing the Outer Limits of Roommates.com, Accusearch, and Section 230 Immunity
abstract
full article
|
Christian Kaiser |
| 141 |
Graffiti and the Visual Artists Rights Act
abstract
full article
|
Amy Wang |
Issue 1
Summer Symposium: Disruptive Publishing Models
| Article | Title | Author |
|---|
| 1 |
Can Law Students Disrupt the Market for High-Priced Textbooks?
abstract
full article
|
Jane K. Winn |
| 13 |
Open Legal Educational Materials: The Frequently Asked Questions
abstract
full article
|
James Boyle & Jennifer Jenkins |
| 31 |
The Idea of the Casebook: Pedagogy, Prestige, and Trusty Platforms
abstract
full article
|
Joseph Scott Miller & Lydia Pallas Loren |
| 49 |
Self-Publishing an Electronic Casebook Benefited Our Readers—And Us
abstract
full article
|
Eric Goldman & Rebecca Tushnet |
Volume 10
Issue 4
Spring 2015
| Article | Title | Author |
|---|
| 249 |
Markman Twenty Years Later: Twenty Years of Unintended Consequences
abstract
full article
|
Jerry A. Riedinger |
| 305 |
The Other Side of the Coin: The FEC's Move to Approve Cryptocurrency’s Use and Deny Its Viability
abstract
full article
|
Juliya Ziskina |
| 329 |
Travelers Beware: Tort Liability in the Sharing Economy
abstract
full article
|
Talia Loucks |
| 343 |
Drone Drain: How the FAA Can Avoid Draining (and Instead Spur) the American Drone Industry by Adding Nuance to its Draft Small UAS Rules
abstract
full article
|
Brooks Lindsay |
Issue 3
Winter 2015
| Article | Title | Author |
|---|
| 153 |
The Anti-Clone Wars: Towards a Reinvigoration of the Doctrine of Patent Misuse and the Per Se Illegality of Anti-Cloning Provisions
abstract
full article
|
Patrick Holvey |
| 205 |
Standing Room Only: MadStad Engineering and the Potential to Challenge the Constitutionality of the America Invents Act’s “First-Inventor-to-File” Patenting System
abstract
full article
|
Christopher J. Ferrell |
| 221 |
The Code-Based Interpretation of Authorization: An Incomplete Picture
abstract
full article
|
Nicholas R. Ulrich |
| 237 |
Radio Revolution: The Local Community Radio Act’s Expansion of Possibilities for Low-Power FM Stations
abstract
full article
|
Jeffrey M. Echert |
Issue 2
Fall 2014
| Article | Title | Author |
|---|
| 89 |
Framing the Issue: Avoiding a Substantial Similarity Finding in Reproduced Visual Art
abstract
full article
|
Rachael Wallace |
| 109 |
Hologram Images and the Entertainment Industry: New Legal Territory?
abstract
full article
|
Stephen Anson |
| 125 |
Consignment Catastrophes: Lessons from New York’s Art Gallery Fraud
abstract
full article
|
Megan Haslach |
| 137 |
Getting Beyond Abstract Confusion: How the United Kingdom’s Jurisprudence Can Aid in Developing an Analytic Framework for Patent-Eligibility in Light of Alice v. CLS Bank
abstract
full article
|
Brendon Beheshti |
Issue 1
Summer 2014
| Article | Title | Author |
|---|
| 1 |
The Evolving Landscape of TCPA Consent Standards and Ways to Minimize Risk
abstract
full article
|
Misa K. Bretschneider |
| 17 |
Fixed Perspectives: The Evolving Contours of the Fixation Requirement in Copyright Law
abstract
full article
|
Evan Brown |
| 35 |
Discovering the Undiscoverable: Patent Eligibility of DNA and the Future of Biotechnical Patent Claims Post-Myriad
abstract
full article
|
Alex Boguniewicz |
| 51 |
Spying on Americans: At What Point Does The NSA’s Collection and Searching of Metadata Violate The Fourth Amendment?
abstract
full article
|
Elizabeth Atkins |
Volume 9
Issue 4
Spring 2014
| Article | Title | Author |
|---|
| 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
abstract
full article
|
Matthew Fredrickson |
Issue 3
Winter 2014
| Article | Title | Author |
|---|
| 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
| Article | Title | Author |
|---|
| 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
| Article | Title | Author |
|---|
| 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 |
Volume 8
Issue 5
Spring 2013
| Article | Title | Author |
|---|
| 543 |
Bidding on Trademarked Keywords in Search Engines: A Trademark Law Update
abstract
full article
|
Ryan Baker |
| 555 |
Prometheus v. Mayo: Limited Implications for § 101 Jurisprudence
abstract
full article
|
Jessica Belle |
| 573 |
What Is the Media in the Age of the Internet? Defamation Law and the Blogosphere
abstract
full article
|
Lauren Guicheteau |
| 587 |
Update Needed? Digital Downloaders and the Innocent Infringer Defense
abstract
full article
|
Colin Conerton |
Issue 4
Winter 2013
| Article | Title | Author |
|---|
| 457 |
What Your Tweet Doesn’t Say: Twitter, Non-Content Data, and the Stored Communications Act
abstract
full article
|
Daniel Shickich |
| 473 |
When Is a Phone a Computer?
abstract
full article
|
J.C. Lundberg |
| 487 |
Unchaining E-Discovery in the Patent Courts
abstract
full article
|
Daniel B. Garrie, Esq. and Yoav M. Griver, Esq. |
| 501 |
Personalized Medicine, Genetic Exceptionalism, and the Rule of Law: An Analysis of the Prevailing Justification for Invalidating BRCA1/2 Patents in Association of Molecular Pathology v. USPTO
abstract
full article
|
Kristen L. Burge |
Issue 3
Mobile Money Symposium 2013
| Article | Title | Author |
|---|
| 155 |
Introduction to Mobile Money in Developing Countries: Financial Inclusion and Financial Integrity Conference Special Issue
abstract
full article
|
Jane K. Winn and Louis de Koker |
| 165 |
The 2012 Revised FATF Recommendations: Assessing and Mitigating Mobile Money Integrity Risks Within the New Standards Framework
abstract
full article
|
Louis de Koker |
| 197 |
Governance of Global Mobile Money Networks:The Role of Technical Standards
abstract
full article
|
Jane K. Winn |
| 245 |
Privacy and Security Concerns Associated with Mobile Money Applications in Africa
abstract
full article
|
Andrew Harris, Seymour Goodman, and Patrick Traynor |
| 265 |
The Role of UNCITRAL Texts in Promoting a Harmonized Legal Framework for Cross-Border Mobile Payments
abstract
full article
|
Luca G. Castellani |
| 285 |
Mobile Money as an Engine of Financial Inclusion and Lynchpin of Financial Integrity
abstract
full article
|
Claire Alexandre and Lynn Chang Eisenhart |
| 303 |
The Role of Anti-Money Laundering Law in Mobile Money Systems in Developing Countries
abstract
full article
|
Emery S. Kobor |
| 317 |
Mobile Money, Financial Inclusion and Financial Integrity: The South African Case
abstract
full article
|
Vivienne A. Lawack |
| 347 |
M-Payments in Brazil: Notes on How a Country’s Background May Determine Timing and Design of a Regulatory Model
abstract
full article
|
Gilberto Martins de Almeida |
| 375 |
Safaricom and M-PESA in Kenya: Financial Inclusion and Financial Integrity
abstract
full article
|
Mercy W. Buku and Michael W. Meredith |
| 401 |
Reporting of Suspicious Activity by Mobile Money Service Providers in Accordance with International Standards: How Does it Impact on Financial Inclusion?
abstract
full article
|
Miriam Goldby |
| 419 |
Mobile Payments In The United States: How Disintermediation May Affect Delivery of Payment Functions, Financial Inclusion and Anti-Money Laundering Issues
abstract
full article
|
Erin F. Fonté |
Issue 2
Fall 2012
| Article | Title | Author |
|---|
| 79 |
Whose Invention Is It Anyway? Employee Invention-Assignment Agreements and Their Limits
abstract
full article
|
Parker A. Howell |
| 107 |
Social Media Policies for Character and Fitness Evaluations
abstract
full article
|
Jessica Belle |
| 123 |
Googling Jurors to Conduct Voir Dire
abstract
full article
|
J.C. Lundberg |
| 137 |
Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them
abstract
full article
|
Mallory Allen & Aaron Orheim |
Issue 1
Summer 2012
| Article | Title | Author |
|---|
| 1 |
Finding Safe Harbor: Navigating Washington's New Unfair Competition Law
abstract
full article
|
Daniel Shickich |
| 29 |
Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge
abstract
full article
|
Bryan Russell |
| 43 |
Technology, Travel Companies & Taxation: Should Expedia Be Required to Collect and Remit State Occupancy Taxes on Profits from Facilitating Hotel Room Rentals?
abstract
full article
|
Kerra J. Melvin |
| 61 |
Who Are You? Difficulties in Obtaining Trademark Protection for Domain Names
abstract
full article
|
Luke M. Rona |
Volume 7
Issue 4
Spring 2012
| Article | Title | Author |
|---|
| 319 |
Foreword
abstract
full article
|
Martin J. Adelman |
| 325 |
Developments in the Jurisprudence on the Use of Experts
abstract
full article
|
Hon. Marilyn L. Huff |
| 335 |
Tuning the Obviousness Inquiry After KSR
abstract
full article
|
Mark D. Janis |
| 353 |
Patent Law's Falstaff: Inequitable Conduct, the Federal Circuit, and Therasense
abstract
full article
|
John M. Golden |
| 379 |
Chief Judge Rader's Contribution to Comparative Patent Law
abstract
full article
|
Toshiko Takenaka |
| 405 |
Antiformalism at the Federal Circuit: The Jurisprudence of Chief Judge Rader
abstract
full article
|
Peter Lee |
| 427 |
Celebrating Contributions of Chief Judge Rader to Patent Infringement Jurisprudence
abstract
full article
|
Katherine E. White |
| 445 |
Fostering the Business of Innovation: The Untold Story of Bowers v. Baystate Technologies
abstract
full article
|
Robert W. Gomulkiewicz |
| 467 |
Chief Judge Rader's Material Contribution to Geographic Indicator Analysis
abstract
full article
|
Signe H. Naeve |
| 501 |
Influencing the Evolving IP System and Law Through International Outreach
abstract
full article
|
Esther H. Lim |
| 515 |
Efforts to Establish Clear Standards for Exhaustion in Japan
abstract
full article
|
Kaoru Kuroda and Eiji Katayama |
Issue 3
Winter 2012
| Article | Title | Author |
|---|
| 209 |
Understanding and Authenticating Evidence from Social Networking Sites
abstract
full article
|
Heather L. Griffith |
| 225 |
Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary
abstract
full article
|
Aurora J. Wilson |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 295 |
Internet as a Human Right: A Practical Legal Framework to Address the Unique Nature of the Medium and to Promote Development
abstract
full article
|
Young Joon Lim and Sarah E. Sexton |
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 |