Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 31

Full-Text Articles in Law

How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry, Sumra Wahid Jan 2023

How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry, Sumra Wahid

American University Journal of Gender, Social Policy & the Law

In July 2021, Ziggi Tyler posted a video on TikTok, a popular video sharing platform, where he expressed his frustration with being a Black content creator on TikTok. The video showed Ziggi typing phrases such as “Black Lives Matter” or “Black success” into his Marketplace creator bio, which the app would immediately flag as inappropriate content. However, when Ziggi replaced those words with “white supremacy” or “white success,” no inappropriateness warning appeared. Although a TikTok spokesperson responded to the video clarifying that the app had mistakenly flagged phrases without considering word order, Ziggi refused to let an algorithm absolve TikTok …


Conceptualizing A "Right To Research" And Its Implications For Copyright Law: An International And European Perspective, Christophe Geiger, Bernd Justin Jutte Jan 2023

Conceptualizing A "Right To Research" And Its Implications For Copyright Law: An International And European Perspective, Christophe Geiger, Bernd Justin Jutte

American University International Law Review

Copyright, at international, European, and national levels, does not provide a legal framework that prioritizes enabling and incentivizing research using protected works and information to the extent necessary and desirable in a digital, data-driven society in order to build a sustainable ecosystem for innovation and creativity. While small progress has been made, for example with the recent introduction of specific exceptions for research purposes and for text and data mining in certain national legislations as well as in the European Union law, a horizontal approach towards a more research-friendly copyright ecosystem has so far failed to evolve. By revisiting international …


Jack Daniel’S Highlights The Second And Ninth Circuit’S Divide On The Application Of The Rogers Test, Hannah Knab Jan 2022

Jack Daniel’S Highlights The Second And Ninth Circuit’S Divide On The Application Of The Rogers Test, Hannah Knab

American University Business Law Review

No abstract provided.


Protecting Fashion Designs: Not Only "What?" But "Who?", Julie Zerbo Jan 2017

Protecting Fashion Designs: Not Only "What?" But "Who?", Julie Zerbo

American University Business Law Review

No abstract provided.


Confining Cultural Expression: How The Historical Principles Behind Modern Copyright Law Perpetuate Cultural Exclusion, April M. Hathcock Jan 2017

Confining Cultural Expression: How The Historical Principles Behind Modern Copyright Law Perpetuate Cultural Exclusion, April M. Hathcock

American University Journal of Gender, Social Policy & the Law

No abstract provided.


At&T V. Microsoft: A District Judge's Perspective, William H. Pauley Iii Jan 2017

At&T V. Microsoft: A District Judge's Perspective, William H. Pauley Iii

American University Law Review

No abstract provided.


Citizen Petitions: Long, Late-Filed, And At-Last Denied, Michael A. Carrier, Carl Minniti Jan 2017

Citizen Petitions: Long, Late-Filed, And At-Last Denied, Michael A. Carrier, Carl Minniti

American University Law Review

No abstract provided.


The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush Oct 2012

The Elusive Role Of The Specification In Patent Claim Construction, Mohammad Nilforoush

Intellectual Property Brief

No abstract provided.


Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos Oct 2012

Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos

Intellectual Property Brief

No abstract provided.


Conflicts At The Intersection Of Acta & Human Rights: How The Anti-Counterfeiting Trade Agreement Violates The Right To Take Part In Cultural Life, Robert Ellis Oct 2012

Conflicts At The Intersection Of Acta & Human Rights: How The Anti-Counterfeiting Trade Agreement Violates The Right To Take Part In Cultural Life, Robert Ellis

Intellectual Property Brief

No abstract provided.


The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio Apr 2012

The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio

Intellectual Property Brief

No abstract provided.


Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur Mar 2012

Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur

Sustainable Development Law & Policy

No abstract provided.


The Washington Declaration On Intellectual Property And The Public Interest, The Global Congress On Intellectual Property And The Public Interest Jan 2012

The Washington Declaration On Intellectual Property And The Public Interest, The Global Congress On Intellectual Property And The Public Interest

American University International Law Review

No abstract provided.


Introduction: The Washington Declaration On Intellectual Property And The Public Interest, Sean M. Flynn Jan 2012

Introduction: The Washington Declaration On Intellectual Property And The Public Interest, Sean M. Flynn

American University International Law Review

No abstract provided.


The Sopa-Tpp Nexus, Jonathan Band Jan 2012

The Sopa-Tpp Nexus, Jonathan Band

American University International Law Review

No abstract provided.


The Morning After: Trips-Plus, Ftas,And Wikileaks: Fresh Insights On The Implementation And Enforcement Of Ip Protection In Developing Countries, Mohammed El Said Jan 2012

The Morning After: Trips-Plus, Ftas,And Wikileaks: Fresh Insights On The Implementation And Enforcement Of Ip Protection In Developing Countries, Mohammed El Said

American University International Law Review

No abstract provided.


One Step Ahead, Two Steps Back: Reverse Engineering The Second Draft For The Third Revision Of The Chinese Copyright Law, Hong Xue Jan 2012

One Step Ahead, Two Steps Back: Reverse Engineering The Second Draft For The Third Revision Of The Chinese Copyright Law, Hong Xue

American University International Law Review

No abstract provided.


Intellectual Property Training And Education For Development, Peter K. Yu Jan 2012

Intellectual Property Training And Education For Development, Peter K. Yu

American University International Law Review

No abstract provided.


Acta's State Of Play: Looking Beyond Transparency, Michael Geist Jan 2011

Acta's State Of Play: Looking Beyond Transparency, Michael Geist

American University International Law Review

No abstract provided.


Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva Jan 2011

Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva

American University International Law Review

No abstract provided.


A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan Jan 2011

A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan

American University International Law Review

No abstract provided.


Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens Jan 2011

Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens

American University International Law Review

No abstract provided.


Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker Jan 2011

Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker

American University International Law Review

No abstract provided.


Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall Jan 2011

Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall

American University International Law Review

No abstract provided.


What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss Jan 2010

What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss

American University Law Review

No abstract provided.


Clean Technology Transfer And Intellectual Property Rights, Nitya Nanda, Nidhi Srivastava Jan 2009

Clean Technology Transfer And Intellectual Property Rights, Nitya Nanda, Nidhi Srivastava

Sustainable Development Law & Policy

No abstract provided.


Appropriability And Property, Yonatan Even Jan 2009

Appropriability And Property, Yonatan Even

American University Law Review

This paper challenges the malleability of the idea of property as a relative, indeterminate "bundle of rights", which appears to dominate property doctrine at least since Ronald Coase's "The Problem of Social Cost". Focusing on the core goals of property regimes, the paper proposes an alternative view of property rights - one that is centered on the ability of owners to appropriate the benefits of their assets in the face of a threat from numerous potential adversaries, rather than their ability to contract such assets away within a bilateral context. This appropriability problem, it is argued, is a defining concept …


Transcript: Opening Remarks, Peter Jaszi Jan 2007

Transcript: Opening Remarks, Peter Jaszi

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Transcript: Introduction To The Third Annual Ip/Gender: The Unmapped Connections Symposium, Victoria F. Phillips Jan 2007

Transcript: Introduction To The Third Annual Ip/Gender: The Unmapped Connections Symposium, Victoria F. Phillips

American University Journal of Gender, Social Policy & the Law

No abstract provided.


“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll Jan 2006

“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll

American University Law Review

Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. In the modern context, it is clear that innovators' needs for intellectual property protection vary substantially across industries and among types of innovation. Applying a socially costly, uniform solution to problems of differing magnitudes means that the law necessarily imposes uniformity cost by underprotecting those who invest in certain costly innovations and overprotecting those with low innovation costs or access to alternative appropriability mechanisms. This Article argues that reducing uniformity cost is the central problem for intellectual …