The John Marshall Law School
Yale Law School
Duke Law
University of Tennessee, Knoxville
University of Maryland Francis King Carey School of Law
The "Uberization" Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession,
2015
University of Georgia School of Law
The "Uberization" Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan
Fazal Khan
The nascent field of mobile health technology is still very small but is predicted to grow exponentially as major technology companies such as Apple, Google, Samsung, and even Facebook have announced mobile health initiatives alongside influential healthcare provider networks. Given the highly regulated nature of healthcare, significant legal barriers stand in the way of mobile health’s potential ascension. I contend that the most difficult legal challenges facing this industry will be restrictive professional licensing and scope of practice laws. The primary reason is that mobile health threatens to disrupt historical power dynamics within the healthcare profession that have legally ...
Toward A "Digital Transfer Doctrine"? The First Sale Doctrine In The Digital Era,
2015
Northwestern University School of Law
Toward A "Digital Transfer Doctrine"? The First Sale Doctrine In The Digital Era, Sarah Reis
Northwestern University Law Review
The first sale doctrine in copyright law allows a person who owns a copy of a copyrighted work to sell, lend, or give away the copy to someone else. An owner of a copy of a copyrighted work can take advantage of the first sale doctrine, but a licensee cannot. In today’s digital environment, people are increasingly purchasing digital music files and e-books instead of CDs and physical books. Customers often mistakenly believe they become owners of the digital content they purchase when in actuality they merely become licensees most of the time. Licensing agreements impose use restrictions on ...
Can A One Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes,
2015
American University
Can A One Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, Jesse D. Lively
Jesse D Lively
This Comment argues that the Supreme Court of Virginia should first reverse the Virginia Court of Appeal’s decision when it hears the Yelp case later this year. Secondly, the court hold that the Virginia statute for identifying persons communicating anonymously over the Internet violates the First Amendment's required showing of merit on both law and facts before a subpoena duces tecum to identify an anonymous speaker can be enforced. Lastly, it should adopt a new “unveiling standard” similar to the standards used in either Dendrite or Cahill. Part II examines the jurisprudential history of identifying anonymous Internet speakers ...
Cybersecurity: What About U.S. Policy?,
2015
Entrepreneur & Professional Corporate Director
Cybersecurity: What About U.S. Policy?, Lawrence J. Trautman
Lawrence J. Trautman Sr.
During December 2014, just hours before the holiday recess, the U.S. Congress passed five major legislative proposals designed to enhance U.S. cybersecurity. Following signature by the President, these became the first cybersecurity laws to be enacted in over a decade, since passage of the Federal Information Security Management Act of 2002. My goal is to explore the unusually complex subject of cybersecurity policy in a highly readable manner. An analogy with the recent deadly and global Ebola epidemic is used to illustrate policy challenges, and hopefully will assist in transforming the technological language of cybersecurity into a more ...
Youtube Marketing: Legality Of Sponsorship And Endorsement In Advertising,
2015
University of San Diego
Youtube Marketing: Legality Of Sponsorship And Endorsement In Advertising, Katrina Wu
Katrina Wu
YouTube endorsement marketing, sometimes referred to as native advertising, is a form of marketing where advertisements are seamlessly incorporated into the video content unlike traditional commercials. The paper categorizes YouTube endorsement marketing into three forms: (1) direct sponsorship where the content creator partners with the sponsor to create videos, (2) affiliated links where the content creator gets a commission resulting from purchases attributable to the content creator, and (3) free product sampling where products are sent to content creators for free to be featured in a video. Examples in each of the three forms of YouTube marketing can be observed ...
Net Neutrality - Computer Law,
2015
Barry University
Net Neutrality - Computer Law, Matthew Charles Quattrochi
Matthew Charles Quattrochi
The overall purpose of this work is to discuss the current state of net neutrality. Given Federal Communication Commission (“FCC”) Chairman Tom Wheeler’s most recent proposal to pass net neutrality into law, net neutrality is ripe for discussion.The court ruling striking down the infrastructure of the Open Internet Order in Verizon v. F.C.C., and the devaluation of Title I regulatory authority exhibited in the decision made in Comcast Corp. v. F.C.C. bring about an appropriate point to stop and reflect concerning the options the FCC has to instill net neutrality regulation.Part II of ...
Intersection Of “Tokku” Special Zone, Robots, And The Law: A Case Study On Legal Impacts To Humanoid Robots,
2015
Peking University
Intersection Of “Tokku” Special Zone, Robots, And The Law: A Case Study On Legal Impacts To Humanoid Robots, Yueh-Hsuan Weng, Yusuke Sugahara, Kenji Hashimoto, Atsuo Takanishi
Yueh-Hsuan Weng
The unique “Tokku” Special Zone for Robotics Empirical Testing and Development (RT special zone) originated in Japan. Since 2003, the world’s first RT special zone had already established in Fukuoka Prefecture, Fukuoka City and Kitakyushu City. At that time, Takanishi Laboratory, Humanoid Robotics Institute of Waseda University had conducted many empirical testing within several different spots of the special zone to evaluate the feasibility for bipedal humanoid robots on public roads from 2004 to 2007. It is also known as the world’s first public roads testing for bipedal robots. The history of RT special zone is merely 10 ...
Peer-To-Peer File Sharing As User Rights Activism,
2015
University of Western Ontario
Peer-To-Peer File Sharing As User Rights Activism, Michael A. Gunn
Western Journal of Legal Studies
The pre-digital marketplace is no longer sustainable. With the imposition of digital rights management restrictions on the distribution of media, the Internet cannot promote intellectual freedom. Peer-to-peer file sharing technology helps expose the work of artists and authors to a much wider audience than previously possible. This provides an opportunity for more sales and a greater number of successful artists and authors. Yet corporate copyright owners continue to propagate the “piracy” label to discredit the idea of open access channels. This paper argues that as information professionals, librarians are in a position to promote policy change that revolutionizes the political ...
Comment With The Copyright Office Regarding A Proposed Exemption Under 17 U.S.C. Section 1201 For Software Security Research (Class 25),
2015
Cleveland State University
Comment With The Copyright Office Regarding A Proposed Exemption Under 17 U.S.C. Section 1201 For Software Security Research (Class 25), Candice Hoke
Law Faculty Reports and Comments
Professor Candice Hoke, Cleveland State University, and others (Douglas W. Jones, University of Iowa; Professor Deirdre Mulligan, University of California, Berkeley; Professor Vern Paxson, University of California, Berkeley;Professor Pamela Samuelson, University of California, Berkeley; Bruce Schneier Erik Stallman, Center for Democracy & Technology (CDT); comment addressing Proposed Class 25: Software Security Research and an exemption for software security research in order to promote the active research and testing efforts necessary to keep pace with evolving cybersecurity risks. Software and related access controls are increasingly embedded in a wide range of systems, from consumer goods to medical devices to infrastructure to industrial equipment ...
Proactive Cybersecurity: A Comparative Industry And Regulatory Analysis,
2015
Indiana University - Bloomington
Proactive Cybersecurity: A Comparative Industry And Regulatory Analysis, Scott J. Shackelford, Amanda Craig, Janine Hiller
Scott Shackelford
This Article analyzes recent business realities and regulatory trends shaping the proactive cybersecurity industry. To provide a framework for our discussion, we begin by describing the historical development of the industry and how it has been shaped by the applicable law in the United States and other G8 nations. We then catalogue the proactive cybersecurity practices of more than twenty companies, focusing on four case studies that we consider in the context of polycentric “global security assemblages.” Finally, we assess the emergence of proactive cybersecurity norms, both within industry and international law, and consider the implications of this movement on ...
How To Maneuver In The World Of Negative Online Reviews, The Important Ethical Considerations For Attorneys, And Changes Needed To Protect The Legal Profession,
2015
SelectedWorks
How To Maneuver In The World Of Negative Online Reviews, The Important Ethical Considerations For Attorneys, And Changes Needed To Protect The Legal Profession, Angela Goodrum
Angela Goodrum
No abstract provided.
Balance And Team Production,
2015
Seattle University School of Law
Balance And Team Production, Kelli A. Alces
Seattle University Law Review
For decades, those holding the shareholder primacy view that the purpose of a corporation is to earn a profit for its shareholders have been debating with those who believe that corporations exist to serve broader societal interests. Adolph Berle and Merrick Dodd began the conversation over eighty years ago, and it continues today, with voices at various places along a spectrum of possible corporate purposes participating. Unfortunately, over time, the various sides of the debate have begun to talk past each other rather than engage with each other and have lost sight of whatever common ground they may be able ...
Lobbying, Pandering, And Information In The Firm,
2015
Seattle University School of Law
Lobbying, Pandering, And Information In The Firm, Adam B. Badawi
Seattle University Law Review
In their classic and insightful article on team production in corporate law, Margaret Blair and Lynn Stout identify the minimization of rent-seeking as one of the chief benefits of vesting ultimate authority over a firm with the board of directors. In their analysis, this problematic rent-seeking arises when parties need to divide the gains from production after the fact. The squabbling that is likely to ensue may threaten to eat away most, or all, of the gains that come from productive activity. If parties know that this sort of rent-seeking will occur, they may not engage in productive activity in ...
Boards Of Directors As Mediating Hierarchs,
2015
Seattle University School of Law
Boards Of Directors As Mediating Hierarchs, Margaret M. Blair
Seattle University Law Review
In June of 2014, the board of directors of Demoulas Supermarkets, Inc.—better known as Market Basket, a mid-sized chain of grocery stores in New England—decided to oust the man who had been CEO for the previous six years, Arthur T. Demoulas. Most likely, the board of directors did not anticipate what happened next: Thousands of employees, customers, and fans of Market Basket boycotted the stores and staged noisy public protests asking the board to reinstate “Arthur T.” The reaction by employees and customers made what had been a simmering, nasty, intrafamily feud within the closely held Market Basket ...
Choosing The Partnership: English Business Organization Law During The Industrial Revolution,
2015
Seattle University School of Law
Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb
Seattle University Law Review
For most of the period associated with the Industrial Revolution in Britain, English law restricted access to incorporation and the Bubble Act explicitly outlawed the formation of unincorporated joint stock companies with transferable shares. Furthermore, firms in the manufacturing industries most closely associated with the Industrial Revolution were overwhelmingly partnerships. These two facts have led some scholars to posit that the antiquated business organization law was a constraint on the structural transformation and growth that characterized the British economy during the period. Importantly, however, the vast majority of manufacturing firms in the modern sector were partnerships. An easy explanation for ...
The Boundaries Of "Team" Production Of Corporate Governance,
2015
Seattle University School of Law
The Boundaries Of "Team" Production Of Corporate Governance, Anthony J. Casey, M. Todd Henderson
Seattle University Law Review
We examine the cooperative production of corporate governance. We explain that this production does not occur exclusively within a “team” or “firm.” Rather, several aspects of corporate governance are quintessentially market products. Like Blair and Stout, we view the shareholder as but one of many stakeholders in a corporation. Where we depart from their analysis is in our view of the boundaries of a firm. We suggest that they overweight the intrafirm production of control. Focusing on the primacy of a board of directors, Blair and Stout posit a hierarchical team that governs the economic enterprise. We observe, however, that ...
The Team Production Model As A Paradigm,
2015
Seattle University School of Law
The Team Production Model As A Paradigm, Brian R. Cheffins
Seattle University Law Review
Margaret Blair and Lynn Stout suggested a few years after the publication of their 1999 Virginia Law Review article, A Team Production Theory of Corporate Law, that their team production model was poised to emerge as part of a new corporate law “paradigm.” In so doing, they specifically invoked Thomas Kuhn’s well-known analysis of scientific revolutions. This Article revisits Blair and Stout’s team production theory by offering a critique of their claim that their model is destined to become a new corporate law paradigm in the Kuhnian sense. In so doing the Article draws upon key corporate law ...
The Long Road To Reformulating The Understanding Of Directors' Duties: Legalizing Team Production Theory?,
2015
Seattle University School of Law
The Long Road To Reformulating The Understanding Of Directors' Duties: Legalizing Team Production Theory?, Thomas Clarke
Seattle University Law Review
In this Article, the historical evolution of corporate governance is considered, highlighting the different eras of governance, the dominant theoretical and practical paradigms, and the reformulation of paradigms and counter paradigms. Two alternative and sharply contrasting theorizations, one collective and collaborative (the work of Berle and Means), the other individualistic and contractual (agency theory and shareholder value) are focused upon. The explanatory potential of Blair and Stout’s team production theory is elaborated, along with its conception of the complexity of business enterprise, with a mediating hierarch (the board of directors) securing a balance between the interests of different stakeholders ...
Testing The Normative Desirability Of The Mediating Hierarch,
2015
Seattle University School of Law
Testing The Normative Desirability Of The Mediating Hierarch, Zachary J. Gubler
Seattle University Law Review
In their influential article, A Team Production Theory of Corporate Law, Professors Margaret Blair and Lynn Stout explained how corporate law might be viewed as an attempt at solving what is known as the team production problem. At its core, this problem has to do with the opportunistic behavior that arises when multiple economic actors make investments—whether of labor, capital, or otherwise—in a business venture where these investments are said to be “firm specific” because they cannot be easily withdrawn and redeployed in other projects. The problem is how to construct a governance regime that will create incentives ...
Team Production & The Multinational Enterprise,
2015
Seattle University School of Law
Team Production & The Multinational Enterprise, Virginia Harper Ho
Seattle University Law Review
Margaret Blair and Lynn Stout’s path-breaking article, A Team Production Theory of Corporate Law, advances a dual thesis: first, that team production theory does a better job than its competitors (in particular, principal–agent theory) of explaining the advantages of the public corporation and key features of corporate law; and second, that, as a matter of corporate law, corporate boards are charged with advancing the collective interest of all the contributors to the corporate enterprise rather than the shareholders’ interests alone. Its central insight is that the role of the independent, or insulated, corporate board is to serve as ...
