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Articles 1 - 25 of 25
Full-Text Articles in Entire DC Network
Trademark Counterfeiting Enforcement Beyond Borders: The Complexities Of Enforcing Trademark Rights Extraterritorially In A Global Marketplace With Territorial-Based Enforcement, Kari Kammel, Matthew Azim-Kramer, Daniel Duquet, Lillie Patterson
Trademark Counterfeiting Enforcement Beyond Borders: The Complexities Of Enforcing Trademark Rights Extraterritorially In A Global Marketplace With Territorial-Based Enforcement, Kari Kammel, Matthew Azim-Kramer, Daniel Duquet, Lillie Patterson
Fordham Intellectual Property, Media and Entertainment Law Journal
We focus on the enforcement of trademark rights, particularly those used against counterfeiters, or those who use unauthorized trademarks of another. We examine the concept of extraterritorial enforcement of trademark rights—the extending of enforcement across national borders—and reviewing how different countries and jurisdictions view this concept or even allow it.
The Value In Secrecy, Camilla A. Hrdy
The Value In Secrecy, Camilla A. Hrdy
Fordham Law Review
Trade secret law is seen as the most inclusive of intellectual property regimes. So long as information can be kept secret, the wisdom goes, it can be protected under trade secret law, even if patent and copyright protections are unavailable. But keeping it a secret does not magically transform information into a trade secret. The information must also derive economic value from being kept secret from others. This elusive statutory requirement—called “independent economic value”—might at first glance seem redundant, especially in the context of litigation. After all, if information had no value, why would the plaintiff have bothered to keep …
Ip Interrupted: Diverse Voices In Intellectual Property, Fordham Iplj
Ip Interrupted: Diverse Voices In Intellectual Property, Fordham Iplj
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Physiognomic Artificial Intelligence, Luke Stark, Jevan Hutson
Physiognomic Artificial Intelligence, Luke Stark, Jevan Hutson
Fordham Intellectual Property, Media and Entertainment Law Journal
The reanimation of the pseudosciences of physiognomy and phrenology at scale through computer vision and machine learning is a matter of urgent concern. This Article—which contributes to critical data studies, consumer protection law, biometric privacy law, and antidiscrimination law—endeavors to conceptualize and problematize physiognomic artificial intelligence (“AI”) and offer policy recommendations for state and federal lawmakers to forestall its proliferation.
Physiognomic AI, as this Article contends, is the practice of using computer software and related systems to infer or create hierarchies of an individual’s body composition, protected class status, perceived character, capabilities, and future social outcomes based on their physical …
Fashion(Ing) A Political Statement: A Review Of The Legal & Social Issues That Arise From Banned Political Clothing And Other Controversial Fashion Items In Light Of The U.S. Supreme Court’S Decision In Minnesota Voters Alliance V. Mansky, Joyce Boland-Devito
Fordham Intellectual Property, Media and Entertainment Law Journal
Does the U.S. Supreme Court believe that the Free Speech Clause of the First Amendment includes freedom of expression in our clothing? The answer is yes! This Article will show that fashion can make a strong political statement (or misstatement) in the court of law as demonstrated by the U.S. Supreme Court’s recent decision striking down Minnesota’s ban on wearing “political apparel” to vote in Minnesota Voters Alliance v. Mansky. The discussion of this case will include quotes from J. David Breemer, Esq., the attorney who represented the Minnesota Voters Alliance. This Article will examine related U.S. Supreme Court …
Accountability Of Algorithms In The Gdpr And Beyond: A European Legal Framework On Automated Decision-Making, Céline Castets-Renard
Accountability Of Algorithms In The Gdpr And Beyond: A European Legal Framework On Automated Decision-Making, Céline Castets-Renard
Fordham Intellectual Property, Media and Entertainment Law Journal
Automated decision systems appear to carry higher risks today than they ever have before. Digital technologies collect massive amounts of data and evaluate people in every aspect of their lives, such as housing and employment. This collected information is ranked through the use of algorithms. The use of such algorithms may be problematic. Because the results obtained through algorithms are created by machines, they are often assumed to be immune from human biases. However, algorithms are the product of human thinking and, as such, can perpetuate existing stereotypes and social segregation. This problem is exacerbated by the fact that algorithms …
Sensationalism Falling Through The Cracks: Why The Legal Profession Must Broaden Ethical Standards For Legal Commentators, A. Augustus Lasala
Sensationalism Falling Through The Cracks: Why The Legal Profession Must Broaden Ethical Standards For Legal Commentators, A. Augustus Lasala
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION Whether it was O.J. Simpson, Casey Anthony, or Scott Peterson, history has shown that Americans love an exciting criminal trial. As a result, in the United States, the coverage and analysis of high-publicity criminal cases is ever-growing, creating many opportunities for attorneys to work in media as legal commentators. The term “legal commentator” has no precise definition, but generally entails attorneys making statements in the media that contain legal analysis. When attorneys speak in the media they simultaneously act in two roles: as a licensed attorney who has professional responsibilities and as a journalist who must meet viewership requirements. …
Revenge Porn And Freedom Of Expression: Legislative Pushback To An Online Weapon Of Emotional And Reputational Destruction, Clay Calvert
Revenge Porn And Freedom Of Expression: Legislative Pushback To An Online Weapon Of Emotional And Reputational Destruction, Clay Calvert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Faith And Martyrdom: The Tragedy Of Aaron Swartz, Austin C. Murnane
Faith And Martyrdom: The Tragedy Of Aaron Swartz, Austin C. Murnane
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
It's Time For A Good Hard Look In The Mirror: The Corporate Law Example, John A. Barrett, Jr.
It's Time For A Good Hard Look In The Mirror: The Corporate Law Example, John A. Barrett, Jr.
Fordham Journal of Corporate & Financial Law
This Article asserts that the move from the industrial age to the
information age represents a fundamental change to our society on
such a widespread basis that the legal order must reexamine the
premises about how our society functions, assessing whether
foundational elements of U.S. Common Law remain valid. This
Article first confronts briefly the continuing acceptance of certain
foundational premises in contract and intellectual property law,
illustrating that such premises are no longer supported by the
realities of modern society. With fundamental change challenging
multiple areas of law in the information age, this problem is worthy
of widespread inquiry …
Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Fordham Intellectual Property, Media and Entertainment Law Journal
This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …
Sampling, Looping, And Mashing... Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Sampling, Looping, And Mashing... Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Fordham Intellectual Property, Media and Entertainment Law Journal
This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …
Poker Flops Under New York Law, Bennett M. Liebman
Poker Flops Under New York Law, Bennett M. Liebman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Foreword: Engaging Documentaries Seriously, Regina Austin, Foreword
Foreword: Engaging Documentaries Seriously, Regina Austin, Foreword
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Videotaped Confessions And The Genre Of Documentary, Jessica Silbey
Videotaped Confessions And The Genre Of Documentary, Jessica Silbey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Crime Victims As Subjects Of Documentaries: Exploitation Or Advocacy?, Roslyn Myers
Crime Victims As Subjects Of Documentaries: Exploitation Or Advocacy?, Roslyn Myers
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Next ‘New Wave’: Law-Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin
The Next ‘New Wave’: Law-Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article challenges stereotypes and misconceptions about law-genre documentaries. Part I will propose a working definition of law-genre documentaries because such a categorization is a necessary precursor to thinking or writing about the relevance of documentary films to lawyers, law students, and anyone interested in law and the pursuit of justice. The Article will go on from there to describe in Part II the various rhetorical or narrative styles or modes of filmmaking that documentarians employ. Although these styles or modes contribute to the impenetrability of documentary films, an understanding of their limitations can open up documentary films to critical …
"The Csi Effect": Exposing The Media Myth , Kimberlianne Podlas
"The Csi Effect": Exposing The Media Myth , Kimberlianne Podlas
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: Legal Issues In Sports Security, Richard H. Fallon, Jr., Milton Ahlerich, Norman Siegel, William D. Squires, Paul H. Zoubek, Laura Freedman
Panel I: Legal Issues In Sports Security, Richard H. Fallon, Jr., Milton Ahlerich, Norman Siegel, William D. Squires, Paul H. Zoubek, Laura Freedman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert
Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar
Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Judicial Panel: The Special Role Of The Judiciary In Protecting First Amendment Freedoms, John D. Feerick, Kenneth Conboy, John F. Keenan, Edward M. Rappaport
Judicial Panel: The Special Role Of The Judiciary In Protecting First Amendment Freedoms, John D. Feerick, Kenneth Conboy, John F. Keenan, Edward M. Rappaport
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Impact Of The Media On Fair Trial Rights: Panel On Media Access, James C. Goodale, Abraham Abramovsky, Helman R. Brook, James A. Cohen, George Freeman, David A. Schulz, Carolyn Schurr
Impact Of The Media On Fair Trial Rights: Panel On Media Access, James C. Goodale, Abraham Abramovsky, Helman R. Brook, James A. Cohen, George Freeman, David A. Schulz, Carolyn Schurr
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Simon & Schuster, Inc. V. Members Of The New York State Crime Victims Board: The Demise Of New York’S Son Of Sam Law And The Decision That Could Have Been, Ralph W. Johnson, Iii
Simon & Schuster, Inc. V. Members Of The New York State Crime Victims Board: The Demise Of New York’S Son Of Sam Law And The Decision That Could Have Been, Ralph W. Johnson, Iii
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Free Press-Fair Trial Conflict–What's A Lawyer To Say?, C. Evan Stewart
The Free Press-Fair Trial Conflict–What's A Lawyer To Say?, C. Evan Stewart
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.