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Articles 1 - 30 of 1555
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Cryptocurrency Concerns, Crimes, And Legal Consequences, Madeline Connolly
Cryptocurrency Concerns, Crimes, And Legal Consequences, Madeline Connolly
Akron Law Review
This note addresses the current issues with the law and digital currencies, federal agencies’ current classifications of cryptocurrencies, problems with those classifications, and solutions to better regulate, classify, and prosecute virtual-currency crimes. The history of digital currencies, the history of criminal activity involving money, and how the creation and widespread use of cryptocurrencies has allowed criminals to find new ways to hide money that make it difficult for law enforcement to catch will be discussed. The article analyzes current and past cases involving different courts’ interpretations and prosecution of cryptocurrencies and concludes by offering solutions to the potential issues of …
Ohio's Data Protection Act And/As A Process-Based Approach To "Reasonable" Security, Brian Ray
Ohio's Data Protection Act And/As A Process-Based Approach To "Reasonable" Security, Brian Ray
Akron Law Review
This essay argues that the ODPA [Ohio Data Protection Act], which has become a model for similar laws and legislative proposals in several other states, in effect creates a process-based standard for cybersecurity. It does so by incorporating the risk-based approach used by the listed cybersecurity frameworks as the defacto standard for reasonable security for organizations seeking to qualify for the Act’s affirmative defense. This article summarizes the ODPA and then explains the risk-based approach of the cybersecurity frameworks it incorporates. It then argues that this risk-based approach in effect establishes a process-based definition of reasonable security and explains why …
Security In The Digital Age, Michael Gentithes
Security In The Digital Age, Michael Gentithes
Akron Law Review
Rapidly evolving technology allows governments and businesses to elevate our collective well-being in ways we could not have imagined just decades ago. Data is now a resource that governments and businesses alike can mine to address the world’s needs with greater efficiency, accuracy, and flexibility. But evolving technology and advanced data analytics also come with risk. New digital capabilities also create new means for nefarious actors to infiltrate the complex technological systems at the heart of nearly all of our daily activities. Just as new digital tools emerge to offer unique goods and services, new tools allow wrongdoers to invade …
Game Changers: Rewriting The Playbook A Sports And Entertainment Law Symposium, Steven Howard Roth
Game Changers: Rewriting The Playbook A Sports And Entertainment Law Symposium, Steven Howard Roth
Akron Law Review
Attorney Steven Howard Roth participated in the following fireside chat with Akron Law Review Associate Editor Andrew Fleming as part of the Akron Law Review 2023 Symposium at The University of Akron School of Law in April 2023. Some content may be modified and/or abbreviated from its original transcript for purposes of flow and brevity.
Attorney Roth is the Founder and a Principal of Roth Firm, LLC, a law firm that represents individuals and domestic and international companies within the middle and upper middle market in business and transactional matters. Attorney Roth’s practice focuses on the areas of mergers and …
Game Changers: Rewriting The Playbook A Sports And Entertainment Law Symposium, Brandon Posivak
Game Changers: Rewriting The Playbook A Sports And Entertainment Law Symposium, Brandon Posivak
Akron Law Review
Brandon Posivak gave the following remarks as part of the Akron Law Review 2023 Symposium at The University of Akron School of Law in April 2023.
Mr. Posivak graduated in May 2023 from Pepperdine Caruso School of Law in Malibu, CA with Certificates in Entertainment, Media, and Sports; Dispute Resolution; and Entrepreneurship and the Law with a specialization in Entertainment, Technology, and Intellectual Property. Prior to law school he was a Division I baseball player at Lafayette College in Easton, PA and has published two books, Step on the Cracks: Reinventing Happiness, Positivity, and Optimism and Waiting for Yesterday.
Game Changers: Rewriting The Playbook - A Sports And Entertainment Law Symposium, Luke Fedlam
Game Changers: Rewriting The Playbook - A Sports And Entertainment Law Symposium, Luke Fedlam
Akron Law Review
Attorney Luke Fedlam gave the following remarks as part of the Akron Law Review 2023 Symposium at The University of Akron School of Law in April 2023.
Attorney Fedlam is a Partner and Sports Attorney in Columbus, OH at Porter Wright Morris & Arthur. He is passionate about providing professional athletes with trusted business advice and legal counsel. Throughout his career, Attorney Fedlam’s passion has earned him honors such as Ohio Super Lawyers’ Rising Star award, Best Lawyers: Ones to Watch in America, and recognition as an expert and thought leader in Name, Image, & Likeness. He serves on several …
Conquering Copyright: Why Copyright Needs To Be Modernized Based On Practical Illustrations Of Inconsistent Copyright Precedent, Saipranay Vellala
Conquering Copyright: Why Copyright Needs To Be Modernized Based On Practical Illustrations Of Inconsistent Copyright Precedent, Saipranay Vellala
Akron Law Review
Copyright law establishes an author’s right to secure exclusive rights in their writings. If an author finds an infringing work, the author can file a copyright infringement suit to protect their original writings and stop an infringer from misappropriating their work. In analyzing copyright infringement, however, some legal theories, such as the Inverse Ratio Rule, mischaracterize the crux of the copyright infringement inquiry and complicate the infringement inquiry for judges and juries—adversely affecting authors. Using indie musicians as an exemplary embodiment of modern copyright jurisprudence’s adverse effects, indie musicians who merely have access to a more famous musician’s music may …
Parallel Play: The Simultaneous Professional Responsibility Campaigns Against Unethical Ip Practitioners By The United States And China, Mark A. Cohen
Parallel Play: The Simultaneous Professional Responsibility Campaigns Against Unethical Ip Practitioners By The United States And China, Mark A. Cohen
Akron Law Review
“Parallel Play: The Simultaneous Professional Responsibility Campaigns Against IP Practitioners by the United States and China” describes efforts by the United States Patent and Trademark Office and the China National IP Administration to discipline trademark and patent practitioners through contemporaneous campaign-style approach directed to bad faith filings. At the USPTO, many of these bad faith filings have originated from China. In both countries, these bad faith activities have imposed significant burdens on IP agencies, the courts, and legitimate rights holders. The campaign is likely the largest professional responsibility campaign undertaken by an IP agency, and the largest cross-border IP disciplinary …
Moving From Express Preemption To Conflict Preemption In Scrutinizing Contracts Over Copyrighted Goods., Guy A. Rub
Moving From Express Preemption To Conflict Preemption In Scrutinizing Contracts Over Copyrighted Goods., Guy A. Rub
Akron Law Review
There is a built-in tension between the perception of copyright law as promoting a delicate balance between the interests of creators, distributions, and users of information goods and contract law’s laissez-faire philosophy. Legal systems need to decide how to approach this tension and specifically whether, and to what degrees, to allow parties to freely contract around the legal norms set forth by copyright law.
For more than four decades, federal courts have tried to address this tension using the Copyright Act’s express preemption provision, which prohibits states from creating rights that are “equivalent” to copyright. In a previous work, I …
Under Nifty Light: Trademark Considerations For The New Digital World, Willajeanne F. Mclean
Under Nifty Light: Trademark Considerations For The New Digital World, Willajeanne F. Mclean
Akron Law Review
Three cases involving non-fungible tokens are grabbing the attention of fashionistas, intellectual property mavens, and metaverse cognoscenti alike. All three are cases of first impression, despite involving trademark infringement claims. All are considered to be cases that will determine whether old trademark principles apply to new technology, and each has compelling and competing arguments that may militate against findings of infringement. While most commentators have focused on the questions surrounding alleged infringement, very few have discussed the challenges of applying remedies, such as injunctions, traditionally used in trademark infringement cases.
This article considers trademark law and examines it in a …
Visualizing Copyright Law: Lessons From Conceptual Artists, Sandra M. Aistars
Visualizing Copyright Law: Lessons From Conceptual Artists, Sandra M. Aistars
Akron Law Review
Copyright law does not require an object to be “art” to be protectable, except in one respect: copyright protection does not extend to useful articles. As a result, courts engage in analysis strikingly similar to that of conceptual artists visualizing art. Copyright law has an uneasy relationship with conceptual art because the Copyright Act also requires works to be original and fixed in a tangible medium. Requirements that have led some to conclude that the kind of art where “the idea or concept is the most important aspect of the work” should not be protectable by copyright.
This article examines …
Protecting Public Health Amidst Data Theft, Sludge, And Dark Patterns: Overcoming The Constitutional Barriers To Health Information Regulations, Jon M. Garon
Akron Law Review
Public health has grown to over $4.1 trillion in spending in the past year, yet for millions of people, their health care is ineffective and sometimes harmful. New technologies have improved health access and treatment, but they can expose an individual’s personal health information to theft and misuse. There is little or no regulation for the reuse of data once it has been lawfully collected for general purposes. Any observer can create a detailed personal diary of an individual or a population by building from a mosaic of inferential data—such as lawfully obtained zip code information, non-regulated health care application …
How Confusing! Resolving The Three-Way Circuit Split On The Nominative Fair Use Doctrine, Eric W. Walker
How Confusing! Resolving The Three-Way Circuit Split On The Nominative Fair Use Doctrine, Eric W. Walker
Akron Law Review
Trademark defenses such as descriptive fair use have been codified in the Lanham Act for decades. Despite the practical necessity of nominative fair use, it has yet to be codified into the Lanham Act. While the Supreme Court has offered guidance on descriptive fair use, there is currently no such guidance with respect to nominative fair use. Currently, our best guidance is a confusing three-way Circuit Split on how to approach nominative fair use. Other circuits have largely remained uncertain in how to approach the doctrine or have outright avoided using the doctrine. In analyzing the intricacies of nominative fair …
The Scrivener's Error: How Bankruptcy Judges Overrule Health Experts On Medicare Decisions, Nicolas C. Oehler
The Scrivener's Error: How Bankruptcy Judges Overrule Health Experts On Medicare Decisions, Nicolas C. Oehler
Akron Law Review
There is a circuit split over the interpretation of 42 U.S.C. § 405(h), which requires providers to exhaust their remedies with the Department of Health and Human Services (HHS) before proceeding to court. This split originates from a recodification that omitted several jurisdictional grants from § 405(h), leaving courts to decide whether to continue interpreting the statute as Congress intended or begin interpreting the statute’s plain language. Complicating this split, a backlog of claims in HHS’s appeal systems prevents speedy adjudication. This delay leaves providers searching for other adjudicatory options for their Medicare claims, such as bankruptcy courts.
As initially …
Keeping The Faith: How The Fourteenth Amendment Should Protect Against Faithless Electors, Jennifer A. Cranmer
Keeping The Faith: How The Fourteenth Amendment Should Protect Against Faithless Electors, Jennifer A. Cranmer
Akron Law Review
Every four years, citizens across the United States vote for a presidential candidate. However, those citizens are actually voting for electors who then vote for the president in the Electoral College on the citizens’ behalf. Electors become faithless when they do not vote for the candidate that they were pledged to vote for. In Chiafalo v. Washington, the Supreme Court upheld the validity of states enacting strict faithless elector laws that require electors to vote for the candidates they were pledged to vote for and impose penalties on electors who fail to do so. Yet many states have failed …
A Contractual Approach To Choice Of Law Rules For Forum Selection Clauses, Shahar Avraham-Giller
A Contractual Approach To Choice Of Law Rules For Forum Selection Clauses, Shahar Avraham-Giller
Akron Law Review
A common practice in commercial agreements is to include a clause setting out where litigation will take place in case of a dispute between the contracting parties (a “forum selection clause”). The natural expectation of parties using such clauses is that in the event of litigation between them, this stipulation will be treated the same way as other contractual stipulations, including in the context of conflict of laws. According to the general principles of choice of law rules for contracts, the law of the contract should govern the validity and interpretation of forum selection clauses. In the case of a …
An Essay On Drafting Evidence Legislation And Rules: Challenging The Conventional Wisdom, Edward J. Imwinkelried
An Essay On Drafting Evidence Legislation And Rules: Challenging The Conventional Wisdom, Edward J. Imwinkelried
Akron Law Review
There have been numerous major efforts to reform and codify American Evidence law. The efforts include the Model Code, the Uniform Rules, the California Evidence Code, and, of course, the Federal Rules of Evidence. The various reform initiatives have attempted to create “an evidence bible for busy trial judges and attorneys.” Of course, to resolve the many common-law splits of authority, the reformers faced substantive evidentiary questions: Should the opponent be permitted to impeach by cross-examining about a bad act that has not resulted in a conviction? Should there be a learned treatise hearsay exception? And should a presumption disappear …
Information Theory And Patent Documents, W. Michael Schuster
Information Theory And Patent Documents, W. Michael Schuster
Akron Law Review
Recent scholarship has expanded the scope of analytical tools available to patent law researchers. The foundation of information theory published by Claude Shannon has been applied to textual analysis to determine the similarities of patents and to assess a patent’s value. This article presents a theoretical application of information theory to quantify lexical ambiguity and originality in innovation within patent law.
Revisiting The Justification Of Trademark Protection For Single Drug Compositions: A Critical Analysis From A Regulatory Perspective, Kuhu Tiwari, Dr. Niharika Sahoo Bhattacharya
Revisiting The Justification Of Trademark Protection For Single Drug Compositions: A Critical Analysis From A Regulatory Perspective, Kuhu Tiwari, Dr. Niharika Sahoo Bhattacharya
Akron Law Review
Trademarks, which are premised on product differentiation, are alleged to play a divergent role when used on pharmaceutical products: they tend to create an artificial product differentiation for the bioequivalent pharmaceutical products that are marketed as branded, generics, and branded-generic products. It is implied that the companies incorporate trademarks to market their products to different consumers at different prices. However, concerns arise when a company uses multiple trademarks for a single active pharmaceutical ingredient (API); sometimes, the company labels each trademark as treating a different medical condition.
This practice of brand proliferation may pose risks to patient safety by confusing …
Fair Use As A Market Facilitator, Miriam Marcowitz-Bitton, Dan Bombach
Fair Use As A Market Facilitator, Miriam Marcowitz-Bitton, Dan Bombach
Akron Law Review
The Digital Age has enabled individuals worldwide to store, organize, and share everything from cherished memories embodied in photographs and videos to academic writing and correspondence. Yet, archived collections of academic, public, and private libraries are out of reach to many, and many books are now beyond reach because they are no longer in print. The high cost of digitization exacerbates these challenges.
In 2004, Google Inc. responded to these issues by announcing a project to scan and digitize the collections of several leading universities and public libraries (the “Google Books” project). The project offered users the opportunity to search …
Letting Anarchy Loose On The World: The Anarchist Cookbook And How Copyright Fails The Author, Debora Halbert
Letting Anarchy Loose On The World: The Anarchist Cookbook And How Copyright Fails The Author, Debora Halbert
Akron Law Review
The Anarchist Cookbook by William Powell remains one of the most controversial books in print, even 50 years after its first publication. The story to be told about its ongoing publication can teach us about the politics of authorship, ownership, publication, copyright assignments, the public domain, and the legacies our printed words leave behind. Later in life Powell regretted publishing the book and wished that it would be removed from publication and circulation but stated that he did not own the copyright and so could not control the book. However, even at his death the book remained in print and …
Failed Promises: Stand Your Ground's Removal Of Imminence Leads To Inconsistent Application And Decreased Safety, Nichole Hamsher
Failed Promises: Stand Your Ground's Removal Of Imminence Leads To Inconsistent Application And Decreased Safety, Nichole Hamsher
Akron Law Review
Self-defense, while universally recognized as a natural human right, embodies a complex set of scenarios that hinges on the level, place, and imminence of a threat to life. The modern expansion of self-defense laws, namely Stand Your Ground, allows for a wholly subjective anticipation of a threat by removing the duty to retreat, and withdraws both criminal and civil accountability. Such expansion has not afforded increased protection to those who need to use force in self-defense, such as domestic abuse victims, nor has it lowered crime rates, but actually works against such victims and increased homicide rates while not deterring …
Hb 305: A Step In The Right Direction For Ohio's Students, Jacob Davis
Hb 305: A Step In The Right Direction For Ohio's Students, Jacob Davis
Akron Law Review
For nearly twenty-four years, the state of Ohio has funded education unconstitutionally. Columbus lawmakers have paid little attention to the DeRolph progeny of cases, which repeatedly provided that an education funding formula rooted in property tax values fails to pass constitutional muster. In 2019, lawmakers finally provided a solution in HB 305: the Cupp-Patterson proposal. This paper will first survey the checkered history of school funding litigation in Ohio. Then, this newly proposed approach to educational funding will be detailed and critically evaluated, with a focus placed on the hurdles that remain before it can become law. Ohio’s students deserve …
The Case Against Florida Statute §98.0751, Lyndsey Gallwitz
The Case Against Florida Statute §98.0751, Lyndsey Gallwitz
Akron Law Review
Felony disenfranchisement laws prevent millions of American citizens from voting. While the recent legal trend has been to eradicate felony disenfranchisement, each state currently has a unique framework, and the issue remains unsettled nationwide. In 2018, the state of Florida passed a constitutional amendment that allowed felons to regain their right to vote once their sentence was finished. Soon after, the Governor DeSantis signed Fla. Stat. Ann. § 98.0751 into law, which required felons to pay off all court cost before their right to vote will be restored. This new law prevented thousands of otherwise eligible felons from voting in …
Drones, Airspace Design, And Aerial Law In States And Cities, Brent Skorup
Drones, Airspace Design, And Aerial Law In States And Cities, Brent Skorup
Akron Law Review
Federal and state governments have embraced drone technology in recent years to stimulate a domestic industry for new jobs and long-distance delivery services. However, the federal-state breakdown about who manages drone airspace and surface air rights has not been resolved, which, as the Government Accountability Office recently reported to Congress, threatens the progress of the U.S. drone industry. What is clear is that landowners, whether public or private, own low-altitude airspace and air rights. This article traces the legal treatment of surface airspace as real property back to Anglo-American legal treatises and court decisions in the mid-19th century. Therefore, absent …
Standing On Its Own Shoulders: The Supreme Court's Statutory Interpretation Of The Federal Arbitration Act, Kristen M. Blankley
Standing On Its Own Shoulders: The Supreme Court's Statutory Interpretation Of The Federal Arbitration Act, Kristen M. Blankley
Akron Law Review
Empirical evidence on the Supreme Court’s use of tools of statutory interpretation is an emerging field of legal study. This Article is the first to use these methodologies to analyze the Federal Arbitration Act (FAA), enacted in 1925. I analyzed 114 separate Supreme Court arbitration opinions, coding for fourteen different tools of statutory interpretation. This article presents the results of that analysis. The most striking finding from this study is the extraordinarily insular nature of the FAA jurisprudence compared to other scholars’ studies in their respective areas of the law. This nature can be determined statistically from the Supreme Court’s …
Resorbing Patent Law's Kessler Cat Into The General Law Of Preclusion, Dennis Crouch, Homayoon Rafatijo
Resorbing Patent Law's Kessler Cat Into The General Law Of Preclusion, Dennis Crouch, Homayoon Rafatijo
Akron Law Review
The Supreme Court has warned against the creation and expansion of patent-specific rules of procedure where the general law would suffice. The recently revived and expanded Kessler doctrine is one such patent-specific rule, and we argue its time has come for resorption into the general law of preclusion that has since expanded to encompass the doctrine. We utilize a novel law and economic analysis of the rules of preclusion to demonstrate how lower courts’ expansion of the Kessler doctrine defeats the rationale behind the general law of preclusion.
You Have The Duty To Remain Silent: How Workplace Gag Rules Frustrate Police Accountability, Frank D. Lomonte, Jessica Terkovich
You Have The Duty To Remain Silent: How Workplace Gag Rules Frustrate Police Accountability, Frank D. Lomonte, Jessica Terkovich
Akron Law Review
This Article traces the First Amendment caselaw that, for more than half a century, has sided with speakers facially challenging overbroad workplace policies that forbid sharing information with the press and public. The Article then reports on the results of a nationwide survey of police and sheriff’s department policies by the Brechner Center for Freedom of Information, concluding that well over half of the nation’s biggest law enforcement agencies have rules on the books that resemble—or are identical to—those struck down as unconstitutional when challenged, at times in defiance of binding circuit-level precedent. The Article examines why these legally dubious …
Cambodia's Law On Secured Transaction, Timothy J. Holzer, Pho Sotheaphal
Cambodia's Law On Secured Transaction, Timothy J. Holzer, Pho Sotheaphal
Akron Law Review
Cambodian law permits the taking of and the perfecting of a security interest in movables (e.g., goods) and in intangibles (e.g., legally enforceable rights, such as contracts and rights in property.) Cambodia’s system is strongly patterned after Article 9 of the Uniform Commercial Code as developed in the United States. Perfection (i.e. notice to third parties that a security interest exists) is usually effected by the filing of a notice at the Secured Transactions Filing Office (the “STFO”) of the Ministry of Commerce, although sometimes physical possession may be required. However, conflicting or ambiguous provisions in other Cambodian laws may …
Non-Competition Agreements Under Vietnamese Law: Protection Of Trade Secrets And Free Choice Of Employment As Two Sides Of The Same Coin, Nguyen The Duc Tam, Le Nguyen Hong Nhung
Non-Competition Agreements Under Vietnamese Law: Protection Of Trade Secrets And Free Choice Of Employment As Two Sides Of The Same Coin, Nguyen The Duc Tam, Le Nguyen Hong Nhung
Akron Law Review
If you ask many employers in Vietnam why they use non-competition agreements (noncompetes), they will confidently tell you that they are trying to protect their legitimate ownership interests. However, what they are less confident about is the legal enforceability of noncompetes. Such uncertainty hurts both employers and employees. The ambiguity regarding the enforceability of noncompetes not only discourages employers from bringing trade secrets into Vietnam but also deprives employees of opportunities for employer investment and personal development. In this article, we argue that noncompetes should be enforceable in Vietnam. However, noncompetes should be binding only if they are necessary to …