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Full-Text Articles in Law
The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan
The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan
Duke Law & Technology Review
Over the last decade, there has been a dramatic shift in how securities are traded in the capital markets. Utilizing supercomputers and complex algorithms that pick up on breaking news, company/stock/economic information and price and volume movements, many institutions now make trades in a matter of microseconds, through a practice known as high frequency trading. Today, high frequency traders have virtually phased out the "dinosaur" floor-traders and average investors of the past. With the recent attempted robbery of one of these high frequency trading platforms from Goldman Sachs this past summer, this "rise of the machines" has become front page …
Privacy Expectations And Protections For Teachers In The Internet Age, Emily H. Fulmer
Privacy Expectations And Protections For Teachers In The Internet Age, Emily H. Fulmer
Duke Law & Technology Review
Public school teachers have little opportunity for redress if they are dismissed for their activities on social networking websites. With the exception of inappropriate communication with students, a school district should not be able to consider a public educator’s use of a social networking website for disciplinary or employment decisions. Insisting that the law conform to twenty-first century social norms, this iBrief argues that the law should protect teachers’ speech on popular social networking websites like Facebook and MySpace.
Who Owns The Virtual Items?, Leah Shen
Who Owns The Virtual Items?, Leah Shen
Duke Law & Technology Review
Do you WoW? Because millions of people around the world do! Due to this increased traffic, virtual wealth amassed in MMORPGs are intersecting in our real world in unexpected ways. Virtual goods have real-life values and are traded in real-life markets. However, the market for trading in virtual items is highly inefficient because society has not created property rights for virtual items. This lack of regulation has a detrimental effect not just the market for virtual items, but actually the market for MMORPGs. Assuming we want to promote the production of MMORPGs as a market, society requires a set of …
The Anonymous Poster: How To Protect Internet Users’ Privacy And Prevent Abuse, Scott Ness
The Anonymous Poster: How To Protect Internet Users’ Privacy And Prevent Abuse, Scott Ness
Duke Law & Technology Review
The threat of anonymous Internet posting to individual privacy has been met with congressional and judicial indecisiveness. Part of the problem stems from the inherent conflict between punishing those who disrespect one's privacy by placing a burden on the individual websites and continuing to support the Internet's development. Additionally, assigning traditional tort liability is problematic as the defendant enjoys an expectation of privacy as well, creating difficulty in securing the necessary information to proceed with legal action. One solution to resolving invasion of privacy disputes involves a uniform identification verification program that ensures user confidentiality while promoting accountability for malicious …
The Impacts Of The Chinese Anti-Monopoly Law On Ip Commercialization In China & General Strategies For Technology-Driven Companies And Future Regulators, Yijun Tian
Duke Law & Technology Review
After thirteen years of discussion and three revisions, China's Anti-Monopoly Law (AML) was promulgated on August 30, 2007 and has come into effect on August 1, 2008. It is the first anti-monopoly law in China and has been viewed as an "economic constitution" and a "milestone of the country’s efforts in promoting a fair competition market and cracking down on monopoly activities." However, the wording of some provisions of the AML, including the sections dealing with Intellectual Property (IP) protection, is not very clear. And juridical interpretations and more specific implementing regulations on the AML have not yet appeared. This …
Online Fantasy Sports Litigation And The Need For A Federal Right Of Publicity Statute, Risa J. Weaver
Online Fantasy Sports Litigation And The Need For A Federal Right Of Publicity Statute, Risa J. Weaver
Duke Law & Technology Review
The right of publicity is currently a jumble of state common law and state statutes, but the online fantasy sports industry crosses state lines with ease. Having witnessed the great revenue potential of online fantasy sports, professional sports leagues are trying to strong-arm independent fantasy sports providers out of the business by using the right of publicity to assert property interests in the statistics generated by professional players, and used by fantasy sports providers to run their online games. The first such attempt--by Major League Baseball--failed. However, the state law nature of the right of publicity prevents any single court …