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Access To Adjudication Materials On Federal Agency Websites, Daniel J. Sheffner 2018 The University of Akron

Access To Adjudication Materials On Federal Agency Websites, Daniel J. Sheffner

Akron Law Review

This Article offers recommendations and best practices for federal administrative agencies interested in improving the accessibility of orders, opinions, briefs, and other materials filed or issued in administrative adjudication proceedings on their websites and in maintaining more comprehensive online collections of such adjudication materials. Part I provides an overview of federal administrative adjudication and the laws and policies relevant to the online disclosure of adjudication materials. Part II summarizes a survey the author conducted of 24 federal agency websites and presents its results. Part III analyzes the survey’s findings, dividing the analysis into two sections. The first section discusses ...


Hacking The Internet Of Things: Vulnerabilities, Dangers, And Legal Responses, Sara Sun Beale, Peter Berris 2018 Duke Law

Hacking The Internet Of Things: Vulnerabilities, Dangers, And Legal Responses, Sara Sun Beale, Peter Berris

Duke Law & Technology Review

The Internet of Things (IoT) is here and growing rapidly as consumers eagerly adopt internet-enabled devices for their utility, features, and convenience. But this dramatic expansion also exacerbates two underlying dangers in the IoT. First, hackers in the IoT may attempt to gain control of internet-enabled devices, causing negative consequences in the physical world. Given that objects with internet connectivity range from household appliances and automobiles to major infrastructure components, this danger is potentially severe. Indeed, in the last few years, hackers have gained control of cars, trains, and dams, and some experts think that even commercial airplanes could be ...


Personal Jurisdiction And The Web, Joseph S. Burns, Richard A. Bales 2018 University of Maine School of Law

Personal Jurisdiction And The Web, Joseph S. Burns, Richard A. Bales

Maine Law Review

Courts have struggled in determining precisely when a defendant should be subject to suit in a particular forum based on his or her Web activity. Although most jurisdictions have applied some form of the “minimum contacts” test, the test has been applied inconsistently. A new standard is needed to resolve personal jurisdiction disputes arising out of Web activity. This Article examines the ways in which modern courts have attempted to resolve personal jurisdiction issues based on Web activity, as well as the inconsistencies that have resulted from the inherent difficulty in conceptualizing the Web.


Valuation Of Intellectual Property: Placing A Dollar Value On Technology (Or, Are Real-Options Real?), Gordon V. Smith 2018 University of Maine School of Law

Valuation Of Intellectual Property: Placing A Dollar Value On Technology (Or, Are Real-Options Real?), Gordon V. Smith

Maine Law Review

Valuation professionals have for a long time been appraising business enterprises and their underlying assets. The “dot-com” New Economy has dramatically changed how businesses can do business and has introduced us to some new forms of intellectual property rights. Have these changes altered our valuation methodologies? Prior to the 1960s, when valuation professionals were faced with a situation in which the value of a business enterprise appeared to exceed the value of its underlying assets, the difference was ascribed to “goodwill” or “blue sky.” No real effort was made to identify the constituents of this catch-all category, it was simply ...


The Perfection And Priority Rules For Security Interests In Copyrights, Patents, And Trademarks: The Current Structural Dissonance And Proposed Legislative Cures, Thomas M. Ward 2018 University of Maine School of Law

The Perfection And Priority Rules For Security Interests In Copyrights, Patents, And Trademarks: The Current Structural Dissonance And Proposed Legislative Cures, Thomas M. Ward

Maine Law Review

The structural legal dissonance that undermines the effective financing of federal intellectual property rights (patents, trademarks registrations, copyrights, and maskworks) is rooted in the prominence of title in both the early conceptual history of personal property financing and in the language of the federal tract recording acts. While genuine ownership transfers have always represented the prototype under the federal intellectual property recording statutes, transfers intended for security were also originally included because of the early judicial thinking about the importance of title to the validity (against third parties) of a “mortgage” right in intangible personal property. As products of their ...


Revised Article 9 And Intellectual Property Asset Financing, Raymond T. Nimmer 2018 University of Maine School of Law

Revised Article 9 And Intellectual Property Asset Financing, Raymond T. Nimmer

Maine Law Review

Commercial asset value today often resides primarily in information assets, rather than in the physical assets that dominated the industrial age (goods and real estate). While tangible assets continue to have value, of course, the shift toward intangibles as value is significant and has been occurring for some time. We have not yet seen its end. More important, we have not yet come to grips with its meaning, either for commercial contract law or for commercial asset-based financing. Attitudes and approaches from the commercial world before intangible assets took center stage continue to influence how modern law treats information assets ...


Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan 2018 University of Massachusetts School of Law

Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan

University of Massachusetts Law Review

Technology has seen a boom over the last few decades, making innovative leaps that border on science fiction. With the most recent technological leap came a new frontier of intellectual property and birthed a new class of criminal: the cyber-pirate. This Article discusses cyber-piracy and its interactions and implications for modern United States copyright law. The Article explains how copyright law, unprepared for the boom, struggled to adapt as courts reconciled the widely physical perceptions of copyright with the digital information being transferred between billions of users instantaneously. The Article also explores how cyber-piracy has made, and continues to make ...


Cybersecurity And Tax Information: A Vicious Cycle?, Diane Ring 2018 Boston College Law School

Cybersecurity And Tax Information: A Vicious Cycle?, Diane Ring

Diane M. Ring

A review of Michael Hatfield, Cybersecurity and Tax Reform, 93 Ind. L.J., scheduled to be published in Spring 2018.


Decryptage De La Loi Portant Code Du Numérique Au Bénin, Julien C. Hounkpe 2018 University of Abomey Calavi, Benin

Decryptage De La Loi Portant Code Du Numérique Au Bénin, Julien C. Hounkpe

Julien C. Hounkpe

La République du Bénin est l’un des premiers États africains à procéder à la mise en place d’un véritable Code, qui réunit l’ensemble des dispositions légales applicables à tous les aspects juridiques des activités numériques. Il semble intéressant de fixer le contenu du Code par une lucarne générale puis au moyen de ses innovations essentielles.


Décryptage De La Loi Portant Code Du Numérique En République Du Bénin, Julien Coomlan Hounkpe 2018 University of Abomey Calavi, Benin

Décryptage De La Loi Portant Code Du Numérique En République Du Bénin, Julien Coomlan Hounkpe

Julien Coomlan Hounkpe

La République du Bénin est l’un des premiers États africains à procéder à la mise en place d’un véritable Code, qui réunit l’ensemble des dispositions légales applicables à tous les aspects juridiques des activités numériques. Il semble intéressant de fixer le contenu du Code par une lucarne générale puis au moyen de ses innovations essentielles.


Privacy In The Age Of The Hacker: Balancing Global Privacy And Data Security Law, Cunningham, Mckay, McKay Cunningham 2018 Concordia University School of Law

Privacy In The Age Of The Hacker: Balancing Global Privacy And Data Security Law, Cunningham, Mckay, Mckay Cunningham

McKay Cunningham

The twin goals of privacy and data security share a fascinating symbiotic relationship: too much of one undermines the other. The international regulatory climate, embodied principally by the European Union’s 1995 Directive, increasingly promotes privacy. In the last two decades, fifty-three countries enacted national legislation largely patterned after the E.U. Directive. These laws, by and large, protect privacy by restricting data processing and data transfers.

At the same time, hacking, malware, and other cyber-threats continue to grow in frequency and sophistication. In 2010, one security firm recorded 286 million variants of malware and reported that 232.4 million ...


Online And “As Is”, Colin P. Marks 2018 Pepperdine University

Online And “As Is”, Colin P. Marks

Pepperdine Law Review

Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by attaching additional terms and conditions that one would not normally find in-store. Some of these conditions are logical limitations on the use of the retailers’ websites, but others go much further, limiting consumers’ rights in ways that would surprise many shoppers. In particular, many online retailers use these terms to limit implied ...


Weird Science! It’S My Creation . . . Is It Really? Or: Crafting A New Universal Trademark Standard For User-Created Avatars, Ryan Esparza 2018 Pace University

Weird Science! It’S My Creation . . . Is It Really? Or: Crafting A New Universal Trademark Standard For User-Created Avatars, Ryan Esparza

Pace Intellectual Property, Sports & Entertainment Law Forum

In modern trademark law the process of registering a valid trademark is straightforward. In the United States the Lanham Act is the ruling law of trademark law. The Lanham Act grants protection to the owner of a registered mark which is distinctive and used in commerce. Assuming all the requirements are met, the owner of a mark can use the mark within its discretion and enjoy the protection under the Lanham Act. As trademark law has continued to evolve, the law has expanded to protect previously unforeseen categories. The two most obvious examples which demonstrate the evolution of protection under ...


Civil Society And Cybersurveillance, Andrew McCanse Wright 2018 Savannah Law School

Civil Society And Cybersurveillance, Andrew Mccanse Wright

Arkansas Law Review

There is no such thing as benign surveillance. It always comes with costs because of the chill it visits upon conduct, education, associations, and expression. Government surveillance has been magnified by cybersurveillance in the Digital Age to a degree unimaginable by the Founders of the United States of America.


Contents, 2018 The Catholic University of America, Columbus School of Law

Contents

Catholic University Journal of Law and Technology

No abstract provided.


Mobile Instant Messaging Evidence In Criminal Trials, Youngjin Choi 2018 The Catholic University of America, Columbus School of Law

Mobile Instant Messaging Evidence In Criminal Trials, Youngjin Choi

Catholic University Journal of Law and Technology

Mobile instant messaging, such as text messages, are a pervasive aspect of everyday life. The characteristics of the modern mobile instant messaging application, especially in comparison with other forms of more traditional electronic communication platforms, such as e-mail, text messaging, or computer-based instant messaging program, present a variety of evidentiary issues in trial.

To be relevant, mobile instant messaging evidence must be connected to a genuine issue at trial and not too attenuated from it. Authentication is also very important in determining whether it may be considered a non-hearsay statement. Although often otherwise admissible, mobile instant messaging evidence may still ...


Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized, Wes Gerrie 2018 Syracuse University College of Law

Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized, Wes Gerrie

Catholic University Journal of Law and Technology

In today’s society, virtually everyone relies on online posts in order to make decisions—from what products to purchase to what restaurants to visit. The introduction and increase of online communication has made posting reviews online a simpler, easier, and more efficient process. However, the increase of online communication has threatened the delicate balance between free speech and harmful speech.

A tangled web of recent case law and federal law exists which aggressively protects the free speech of online reviewers. The law has carved out immunity for the website operators that host an online reviewer’s comments, which in ...


Enforcing Constitutional Rights Through Computer Code, Steve Young 2018 The Catholic University of America, Columbus School of Law

Enforcing Constitutional Rights Through Computer Code, Steve Young

Catholic University Journal of Law and Technology

Lawmaking and enforcement has advanced since Hammurabi first wrote out his legal code thousands of years ago. Today, the American legal system relies on legislatively-enacted federal, state, county, and municipal legal codes, agency-created regulations, the judge-made common law, and various law enforcement entities. This can be a confusing and complex system of rules and their explanations with varying degrees of enforcement. Blockchain technology is an automatic and efficient alternative to written codes that must be humanly-enforced. There has been limited scholarly interest in the implications of a legal application of blockchain technology to a political system but there have been ...


Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat 2018 The Catholic University of America, Columbus School of Law

Smart Baby Monitors: The Modern Nanny Or A Home Invader, Sarah Ensenat

Catholic University Journal of Law and Technology

Smart baby monitors exist to help parents protect and watch over their children. The smart baby monitors act as a second set of eyes when parents cannot be in the same room as their children. Low-tech hackers take advantage of gaps in the security of smart baby monitors. A hacker violates a consumer’s privacy by gaining access to private information, viewing the home and its occupants, and even speaking to children through the monitor.

This comment advocates for stricter security legislation for smart baby monitors. Without new legislation, manufacturers of smart baby monitors do not apply or invest in ...


Dating Dangerously: Risks Lurking Within Mobile Dating Apps, Alyssa Murphy 2018 Catholic University of America (Student)

Dating Dangerously: Risks Lurking Within Mobile Dating Apps, Alyssa Murphy

Catholic University Journal of Law and Technology

In modern society, cell phones have become a virtual extension of most Americans. Advances in cell phone technology have given rise to the popularity of mobile dating applications (“apps”), which are capable of allowing users to date and meet potential partners without leaving the comfort of their own homes. The convenience and allure of mobile dating apps has led to a staggering increase in the number of crimes orchestrated against other users of the apps. Such crimes often include solicitation, stalking, murder, and human trafficking. Unsuspecting and trusting users fall victim to these crimes due to the false sense of ...


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