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Articles 1 - 21 of 21
Full-Text Articles in Law
Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, Darby Dickerson
Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, Darby Dickerson
Darby Dickerson
No abstract provided.
Patent Injunctions And The Problem Of Uniformity Cost, Michael W. Carroll
Patent Injunctions And The Problem Of Uniformity Cost, Michael W. Carroll
Michael W. Carroll
In eBay v. MercExchange, the Supreme Court correctly rejected a one-size-fits-all approach to patent injunctions. However, the Court's opinion does not fully recognize that the problem of uniformity in patent law is more general and that this problem cannot be solved through case-by-case analysis. This Essay provides a field guide for implementing eBay using functional analysis and insights from a uniformity-cost framework developed more fully in prior work. While there can be no general rule governing equitable relief in patent cases, the traditional four factor analysis for injunctive relief should lead the cases to cluster around certain patterns that often …
Creative Commons And The New Intermediaries, Michael W. Carroll
Creative Commons And The New Intermediaries, Michael W. Carroll
Michael W. Carroll
This symposium contribution examines the disintermediating and reintermediating roles played by Creative Commons licenses on the Internet. Creative Commons licenses act as a disintermediating force because they enable end-to-end transactions in copyrighted works. The licenses have reintermediating force by enabling new services and new online communities to form around content licensed under a Creative Commons license. Intermediaries focused on the copyright dimension have begun to appear online as search engines, archives, libraries, publishers, community organizers, and educators. Moreover, the growth of machine-readable copyright licenses and the new intermediaries that they enable is part of a larger movement toward a Semantic …
Introduction, Tracy Mitrano
Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano
Chapter Five: The San Bernardino Iphone Case, Tracy Mitrano
Tracy Mitrano
Chapter Four: Information Security, Tracy Mitrano
Chapter One: Free Speech, Tracy Mitrano
Chapter Two: Privacy, Tracy Mitrano
Chapter Two: Privacy, Tracy Mitrano
Tracy Mitrano
Chapter Three: Intellectual Property, Tracy Mitrano
Chapter Three: Intellectual Property, Tracy Mitrano
Tracy Mitrano
No abstract provided.
Title Page, Tracy Mitrano
Conclusion, Tracy Mitrano
Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii
Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii
Robert Bartlett
In several recent cases, the Delaware Chancery Court has emphasized that where a conflict of interest exists between holders of a company’s common stock and holders of its preferred stock, the standard of conduct for directors requires that they strive to maximize the value of the corporation for the benefit of its common stockholders rather than for its preferred stockholders. This article interrogates this view of directors’ fiduciary duties from the perspective of incomplete contracting theory. Building on the seminal work of Sanford Grossman and Oliver Hart, incomplete contracting theory examines the critical role of corporate control rights for addressing …
Rats, Traps, And Trade Secrets, Elizabeth A. Rowe
Rats, Traps, And Trade Secrets, Elizabeth A. Rowe
Elizabeth A Rowe
Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has created a storm perfectly ripe for economic espionage. Cases involving unknown or anonymous offenders who may not be in the United States and who steal trade secrets using remote access tools (“RATs”) are especially problematic. This Article is the first to address and place trade secret misappropriation within the larger backdrop of cybersecurity. First, it argues that systemic issues related to technology will continue to make legislative and judicial solutions suboptimal for cyber misappropriation. Second, it explores …
Book Review: Digital Crime And Forensic Science In Cyberspace, Gary C. Kessler
Book Review: Digital Crime And Forensic Science In Cyberspace, Gary C. Kessler
Gary C. Kessler
This document is Dr. Kessler's review of Digital Crime and Forensic Science in Cyberspace, by P. Kanellis, E. Kiountouzis, N. Kolokotronis, and D. Martakos. Idea Group Publishing, 2006. ISBN: 1-59140-873-3.
Copyright Law: Essential Cases And Materials, Alfred Yen, Joseph Liu
Copyright Law: Essential Cases And Materials, Alfred Yen, Joseph Liu
Joseph P. Liu
A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker
A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker
Thomas E. Baker
This article is a transcript of a discussion between Lawrence Lessig, David G. Post and Jeffrey Rosen on a variety of issues surrounding law, technology and the Internet. The moderator was Thomas E. Baker and the discussion was part of a Drake University Law School symposium in February of 2001.
Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu
Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu
Margaret Hu
This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the …
Employee Electronic Communications In A Boundaryless World, Robert Sprague
Employee Electronic Communications In A Boundaryless World, Robert Sprague
Robert Sprague
The Digital Dionysus: Nietzsche & The Network-Centric Condition
The Digital Dionysus: Nietzsche & The Network-Centric Condition
Dan Mellamphy
No abstract provided.
Private Technology (Foreword), Daniel Harris Brean
Private Technology (Foreword), Daniel Harris Brean
Daniel Harris Brean
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Stephen E Henderson