Santa Clara Law
John Marshall Law School
Yale Law School
Microsoft Research
Pepperdine University
Bond University
George Mason University
Selected Works
Three Hundred Nos: An Empirical Analysis Of The First 300+ Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews Prior To In Re Cuozzo Speed Technologies, Llc, 14 J. Marshall Rev. Intell. Prop. L. 112 (2015), Jarrad Wood, Jonathan Stroud
Jonathan R. K. Stroud
Tasked in 2011 with creating powerful new patent review trial regimes, the U.S. Patent and Trademark Office—through the efforts of their freshly empowered quasi-judicial body, the Patent Trial and Appeal Board—set to creating a fast-paced trial with limited discovery and concentrated efficiency. For two years, the proceedings have proved potent, holding unpatentable many of the claims that reached decisions on the merits. Yet a small subsection of petitions never make it past the starting gate, resulting in wasted time and effort on the parts of petitioners—and likely sighs of relief from the rights-holders. The AIA exempted ...
"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights,
2017
University of Georgia School of Law
"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda
Georgia Journal of International & Comparative Law
No abstract provided.
The Forensic Community Can Educate Lawyers, Judges,
2017
Santa Barbara College of Law
The Forensic Community Can Educate Lawyers, Judges, Robert M. Sanger
Robert M. Sanger
Small Cells, Big Problems: The Increasing Precision Of Cell Site Location Information And The Need For Fourth Amendment Protections,
2017
Boston College Law School
Small Cells, Big Problems: The Increasing Precision Of Cell Site Location Information And The Need For Fourth Amendment Protections, Robert M. Bloom, William T. Clark
Robert M. Bloom
The past fifty years has witnessed an evolution in technology advancement in police surveillance. Today, one of the essential tools of police surveillance is something most Americans carry with them in their pockets every day, the cell phone. Cell phones not only contain a huge repository of personal data, they also provide continuous surveillance of a person’s movement known as cell site location information (CSLI). In 1986, Congress sought to provide some privacy protections to CSLI in the Stored Communication Act. Although this solution may have struck the proper balance in an age when cell phones were a mere ...
Regulating Robo Advice Across The Financial Services Industry,
2017
University of Pennsylvania Law School
Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert
Faculty Scholarship
Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...
Is Your Health Data Really Private? The Need To Update Hipaa Regulations To Incorporate Third-Party And Non-Covered Entities,
2017
Catholic University of America (Student)
Is Your Health Data Really Private? The Need To Update Hipaa Regulations To Incorporate Third-Party And Non-Covered Entities, Latena Hazard
Catholic University Journal of Law and Technology
This note argues that the current framework that governs health care applications and consumer privacy is slacking and out outlines strategies to ensure protection against third party accessibility of information that consumers deem private.
Table Of Contents,
2017
The Catholic University of America, Columbus School of Law
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
Masthead,
2017
The Catholic University of America, Columbus School of Law
How Might The Supreme Court, If It Reviews The Federal Communication's 2015 Open Internet Order, Utilize The Chevron And Arbitrary And Capricious Tests?,
2017
Southern Illinois University Edwardsville
How Might The Supreme Court, If It Reviews The Federal Communication's 2015 Open Internet Order, Utilize The Chevron And Arbitrary And Capricious Tests?, John B. Meisel
Catholic University Journal of Law and Technology
The article focuses on two Supreme Court decisions, King v. Burwell and FCC v. Fox Televisions Stations, Inc., that provide diametrically different models for how deferential a court should be when it reviews administrative action. The former case addresses how deferential a court should be for an agency’s statutory interpretation of an ambiguous statute for a question that has significant economic and political effects but Congress had not expressly delegated the question to the agency. The latter case addresses how deferential a court should be when an agency’s changes a policy that is within its statutory authority. These ...
Protecting Privacy In The Era Of Smart Toys: Does Hello Barbie Have A Duty To Report,
2017
University of Richmond School of Law
Protecting Privacy In The Era Of Smart Toys: Does Hello Barbie Have A Duty To Report, Corinne Moini
Catholic University Journal of Law and Technology
No abstract provided.
Section 337 Of The Tariff Act Of 1930 And Its Impacts On China,
2017
Boston University
Section 337 Of The Tariff Act Of 1930 And Its Impacts On China, Yiqing Yin
Catholic University Journal of Law and Technology
337 of the Tariff Act of 1930 (“Section 337”) is one of the statutes that prohibit unfair trade or unfair competition in importation, and it aims at protecting intellectual property at the United States borders. Because of the international impacts of Section 337 and the injunctive nature of its remedies, the application of the statute has profound impacts on the trade between U.S. and other countries.
China is a country that has enormous trade with the U.S and imports large amounts of goods to the U.S. each year. Moreover, the weak intellectual property protection in China has ...
Candidate Appearances, Equal Time, And The Fcc's Online Public File Database: Empirical Data On Tv Station Compliance During The 2016 Presidential Primary,
2017
University of Minnesota
Candidate Appearances, Equal Time, And The Fcc's Online Public File Database: Empirical Data On Tv Station Compliance During The 2016 Presidential Primary, Christopher Terry
Catholic University Journal of Law and Technology
Following the appearances of presidential candidates Donald Trump, Bernie Sanders and Hillary Clinton on episodes of Saturday Night Live, local television affiliates were required to upload documents related to the appearances to the FCC’s online public file database. After discussing the FCC’s database, the Bona Fide News Exception and the modern application of Section 315’s Equal Time Requirements, this study examines the compliance by the local NBC affiliates in the top 100 television markets with the public file requirements for candidate appearances and subsequent equal time requests as a test of station compliance with the requirements of ...
#Cautionbusinesses: Using Competitors' Hashtags Could Possibly Lead To Trademark Infringement,
2017
The Catholic University of America, Columbus School of Law
#Cautionbusinesses: Using Competitors' Hashtags Could Possibly Lead To Trademark Infringement, Debbie Chu
Catholic University Journal of Law and Technology
No abstract provided.
Examining The Legalization Of Daily Fantasy Sports,
2017
Catholic University of America (Student)
Examining The Legalization Of Daily Fantasy Sports, Mark Dourmashkin
Catholic University Journal of Law and Technology
No abstract provided.
Nobody Puts Blockchain In A Corner: The Disruptive Role Of Blockchain Technology In The Financial Services Industry And Current Regulatory Issues,
2017
The Catholic University of America, Columbus School of Law
Nobody Puts Blockchain In A Corner: The Disruptive Role Of Blockchain Technology In The Financial Services Industry And Current Regulatory Issues, Elizabeth Sara Ross
Catholic University Journal of Law and Technology
This Note examines the disruptive effects that distributed ledger technology will have on payment systems and the financial services industry. It discusses how financial technology companies and banks will need to adapt to ensure that American consumers and banks, as well as the American economy at large, remain secure and efficient within an increasingly online and global financial system. This Note argues that the disjointed digital currency licensing regimes and complex landscape of state-by-state money transmission licensing directly threaten to stifle innovation, capital formation, consumer protection, and national cybersecurity. To ensure the U.S. remains competitive in the global financial ...
Embryos As Patients? Medical Provider Duties In The Age Of Crispr/Cas9,
2017
Duke Law
Embryos As Patients? Medical Provider Duties In The Age Of Crispr/Cas9, G. Edward Powell Iii
Duke Law & Technology Review
The CRISPR/Cas9 genome engineering platform is the first method of gene editing that could potentially be used to treat genetic disorders in human embryos. No past therapies, genetic or otherwise, have been intended or used to treat disorders in existent embryos. Past procedures performed on embryos have exclusively involved creation and implantation (e.g., in-vitro fertilization) or screening and selection of already-healthy embryos (e.g., preimplantation genetic diagnosis). A CRISPR/Cas9 treatment would evade medical malpractice law due to the early stage of the intervention and the fact that it is not a treatment for the mother. In most ...
Outer Space: The Final Frontier Or The Final Battlefield?,
2017
Duke Law
Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft
Duke Law & Technology Review
Current law concerning the militarization and weaponization of outer space is inadequate for present times. The increased implementation of “dual-use” space technologies poses obstacles for the demilitarization of space. This paper examines how far the militarization of space should be taken and also whether weapons of any kind should be placed in space. Further steps must be taken in international space law to attempt to keep the militarization and weaponization of space under control in order to promote and maintain a free outer space for research and exploration.
Space Weapons And The Law,
2017
U.S. Naval War College
Space Weapons And The Law, Bill Boothby
International Law Studies
Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and ...
Restoring Rogers: Video Games, False Association Claims, And The “Explicitly Misleading” Use Of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017),
2017
John Marshall Law School
Restoring Rogers: Video Games, False Association Claims, And The “Explicitly Misleading” Use Of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017), William K. Ford
William K. Ford
Courts have long struggled with how to balance false association claims brought under the Lanham Act with the protections for speech under the First Amendment. The leading approach is the Rogers test, but this test comes in multiple forms with varying degrees of protection for speech. A substantial portion of the litigation raising this issue now involves video games, a medium that more so than others, likely needs the benefit of a clear rule that protects speech. The original version of the test is the simplest and the one most protective of speech. In 2013, the Ninth Circuit endorsed the ...
The Expanding Scope Of Human Rights In A Technological World — Using The Interamerican Court Of Human Rights To Establish A Minimum Data Protection Standard Across Latin America,
2017
University of Miami Law School
The Expanding Scope Of Human Rights In A Technological World — Using The Interamerican Court Of Human Rights To Establish A Minimum Data Protection Standard Across Latin America, Josiah Wolfson
University of Miami Inter-American Law Review
Privacy is a human right that many in the world do not enjoy. The failure of many countries to prioritize privacy through the passage and enforcement of comprehensive data protection laws has left their citizens vulnerable. The Inter-American Court of Human Rights should use its authority to set a minimum data protection standard for its Member States.
This Note discusses the historical development of data protection, the current data protection gap in Latin America, and proposes the role that the Inter-American Court of Human Rights should play in advancing a minimum data protection standard in the region.
