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Candidates Shouldn’T “Cruz” Through Political Campaigns: Why Asking For Permission To Use Music Is Becoming So Important On The Campaign Trail, 16 J. Marshall Rev. Intell. Prop. L. 457 (2017), Courtney Willits 2017 John Marshall Law School

Candidates Shouldn’T “Cruz” Through Political Campaigns: Why Asking For Permission To Use Music Is Becoming So Important On The Campaign Trail, 16 J. Marshall Rev. Intell. Prop. L. 457 (2017), Courtney Willits

The John Marshall Review of Intellectual Property Law

Music has always been used by candidates running for political office as a way to advertise themselves to potential voters. Throughout the years, a battle between political candidates and musicians has grown due to problems caused by music licensing. Currently, an issue in law exists between politicians who obtain proper music licenses versus musicians who have a right of publicity, stating they do not want to be associated with certain candidates' political views. This comment analyzes the recent copyright case against former 2016 presidential candidate Ted Cruz, and the role it could play in this area of law. Additionally, this ...


Impact Of Lexmark Case On Patent Exhaustion, 16 J. Marshall Rev. Intell. Prop. L. 487 (2017), Gouthami Vanam 2017 John Marshall Law School

Impact Of Lexmark Case On Patent Exhaustion, 16 J. Marshall Rev. Intell. Prop. L. 487 (2017), Gouthami Vanam

The John Marshall Review of Intellectual Property Law

In recent times, there exists a lot of confusion as to the patent exhaustion doctrine and its implications on conditional sales and international patent exhaustion. Current patent exhaustion laws do not allow for international patent exhaustion, whereas current copyright exhaustion laws favor removal of geographical boundaries and facilitate commerce. This comment examines the evolution of the patent exhaustion doctrine and compares the Lexmark Int l, Inc. v. Impression Prods. case to Kirtsaeng v. John Wiley & Sons, Inc. and proposes solution in favor of international patent exhaustion.


Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jorge L. Contreras, Jesse L. Reynolds, Joshua D. Sarnoff 2017 S.J. Quinney College of Law, University of Utah

Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jorge L. Contreras, Jesse L. Reynolds, Joshua D. Sarnoff

Utah Law Faculty Scholarship

Climate change is one of the greatest challenges confronting society today. Solar climate engineering (SCE) has the potential to reduce climate risks substantially. This controversial technology would make the earth more reflective in order to counteract global warming. Though the science of SCE is still in its infancy, SCE research and development should proceed in a coordinated, responsible, and expeditious fashion. However, the role of patents, research data, and trade secrets in SCE research remains unclear and contested. To this end, this article identifies concerns that may arise through the acquisition of intellectual property rights in SCE and proposes the ...


Privacy And The Right To Record, Margot E. Kaminski 2017 University of Colorado Law School

Privacy And The Right To Record, Margot E. Kaminski

Articles

Many U.S. laws protect privacy by governing recording. Recently, however, courts have recognized a First Amendment “right to record.” This Article addresses how courts should handle privacy laws in light of the developing First Amendment right to record.

The privacy harms addressed by recording laws are situated harms. Recording changes the way people behave in physical spaces by altering the nature of those spaces. Thus, recording laws can be placed within a long line of First Amendment case law that recognizes a valid government interest in managing the qualities of rivalrous physical space, so as not to allow one ...


Grassroots Innovation Systems For The Post-Carbon World: Promoting Economic Democracy, Environmental Sustainability, And The Public Interest, Shobita Parthasarathy 2017 Brooklyn Law School

Grassroots Innovation Systems For The Post-Carbon World: Promoting Economic Democracy, Environmental Sustainability, And The Public Interest, Shobita Parthasarathy

Brooklyn Law Review

This article uses a sociotechnical systems approach to advocate for an alternative way of thinking about the role of innovation in international development efforts, specifically those focused on environmental sustainability and a post-carbon world. This approach views technology and society as inextricably linked, highlighting how particular values, norms, individual rights and responsibilities, social practices and relationships, and aspects of political culture are embedded in the design, development, implementation, and use of technology. Using the example of clean cookstoves, this article argues that technologies customarily deployed to achieve international development goals are embedded in particular values, assumptions, and social structures that ...


Field Of Visions: Interorganizational Challenges To The Smart Energy Transition In Washington State, Scott Frickel, Daniela Wühr, Christine Horne, Meghan Elizabeth Kallman 2017 Brooklyn Law School

Field Of Visions: Interorganizational Challenges To The Smart Energy Transition In Washington State, Scott Frickel, Daniela Wühr, Christine Horne, Meghan Elizabeth Kallman

Brooklyn Law Review

The smart grid promises an efficient, reliable, and sustainable energy system. Smart meters provide machine-to-machine communication capacity and are key elements of the smart grid. Smart meters allow utilities to improve system efficiency and reliability and allow electricity users to closely monitor, fine-tune, and reduce energy consumption and costs. For these and other reasons, positive expectations for the smart grid and smart meters run high among policymakers, regulators, engineering and computer science professionals, industrialists, environmentalists, and others. Even so, different organizations and stakeholders define and understand the technology in different ways. For some actors smart meters are a tool for ...


Are We Adopting The Orphans, Or Creating Them? Medical Ethics And Legal Jurisprudential Guidance For Proposed Changes To The Orphan Drug Act, Lydia Raw 2017 Washington University School of Law

Are We Adopting The Orphans, Or Creating Them? Medical Ethics And Legal Jurisprudential Guidance For Proposed Changes To The Orphan Drug Act, Lydia Raw

Washington University Jurisprudence Review

This Note traces the subtle changes in the underlying purposes of the Orphan Drug Act, and evaluates those purposes from the perspectives of medical ethics and legal jurisprudence. Part I begins with the history of the Orphan Drug Act discussed issue by issue, to elucidate the subtle changes in the purpose of the Orphan Drug Act through its history. Part II explores the moral and ethical issues presented by the Orphan Drug Act to identify eleven guiding principles from medical ethics and legal jurisprudence. Lastly, Part III applies these guiding principles to the most common proposed amendments to the Orphan ...


A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz 2017 University of Michigan Law School

A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz

Michigan Telecommunications and Technology Law Review

With concerns rising over the number and variety of state regulations, companies are increasingly looking to the federal government for guidance. Representatives from Google, GM, Lyft, and Delphi testified before Congress on March 15, urging Congress to pass a federal law concerning autonomous vehicles. While the passage of any federal legislation is unclear at this time, other parts of the federal government have been extremely active in recent months. In January 2016, the Obama administration proposed a 10-year, $4 billion investment in autonomous vehicle technology. In that same announcement, the Department of Transportation (“DOT”) committed to developing model state policy ...


3d Printing: What Could Happen To Products Liability When Users (And Everyone Else In Between) Become Manufacturers, James M. Beck, Matthew D. Jacobson 2017 University of Minnesota Law School

3d Printing: What Could Happen To Products Liability When Users (And Everyone Else In Between) Become Manufacturers, James M. Beck, Matthew D. Jacobson

Minnesota Journal of Law, Science & Technology

No abstract provided.


Life Cycle Analysis And Transportation Energy, Alexandra B. Klass, Andrew Heiring 2017 Brooklyn Law School

Life Cycle Analysis And Transportation Energy, Alexandra B. Klass, Andrew Heiring

Brooklyn Law Review

As government actors and the private sector attempt to decarbonize the economy, the role of life cycle analysis (also know as life cycle assessment or LCA) has become increasingly important. In this essay, we explore the use of life cycle analysis in the transportation sector to assess its influence in federal and state policy efforts to move to a low-carbon energy future. We first define life cycle analysis and explain its use in evaluating the environmental impacts of all stages of a product from production, to use, to disposal. We then review the use of life cycle analysis in considering ...


You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski 2017 Case Western University School of Law

You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski

Washington and Lee Law Review

No abstract provided.


Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin 2017 Washington and Lee University School of Law

Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin

Washington and Lee Law Review

No abstract provided.


Appetite For Destruction: Symbolic And Structural Facets Of The Right To Destroy Digital Property, Joshua A.T. Fairfield 2017 Washington and Lee University School of Law

Appetite For Destruction: Symbolic And Structural Facets Of The Right To Destroy Digital Property, Joshua A.T. Fairfield

Washington and Lee Law Review

No abstract provided.


Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, Stacy-Ann Elvy 2017 New York Law School

Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, Stacy-Ann Elvy

Washington and Lee Law Review

The Internet of Things (IOT) has been described by the American Bar Association as “one of the fastest emerging,” potentially most “transformative and disruptive technological developments” in recent years. The security risks posed by the IOT are immense and Article 2 of the UCC should play a central role in determinations regarding liability for vulnerable IOT products. However, the lack of explicit clarity in the UCC on how to evaluate Article 2’s applicability to hybrid transactions that involve the provision of goods, services, and software has led to conflicting case law on this issue, which contradicts the UCC’s ...


The Ethical Debate On Drones, Anne Hopkins 2017 Augustana College, Rock Island Illinois

The Ethical Debate On Drones, Anne Hopkins

Augustana Center for the Study of Ethics Essay Contest

No abstract provided.


Regulating Human Germline Modification In Light Of Crispr, Sarah Ashley Barnett 2017 University of Richmond

Regulating Human Germline Modification In Light Of Crispr, Sarah Ashley Barnett

Law Student Publications

This comment evaluates the United States‘ current regulatory scheme as it applies to CRISPR and related gene-modifying technologies and discusses the ethical ramifications of regulating human germline modification versus continuing to allow self-regulation within the scientific community. Part I explains what CRISPR is, how it works, and its impact on genetic engineering technology. Although CRISPR offers "unparalleled potential for modifying [both] human and nonhuman genomes," this comment focuses primarily on the use of CRISPR technology to manipulate the human germline. Part II discusses the social and bioethical implications of altering the human germline, including safety concerns, multigenerational consequences, equity issues ...


Incoming: Regulating Drones In Oklahoma, Jane Dunagin 2017 University of Oklahoma College of Law

Incoming: Regulating Drones In Oklahoma, Jane Dunagin

Oklahoma Law Review

No abstract provided.


Charting The Contours Of A Copyright Regime Optimized For Engineered Genetic Code, Christopher M. Holman 2017 University of Missouri-Kansas City School of Law

Charting The Contours Of A Copyright Regime Optimized For Engineered Genetic Code, Christopher M. Holman

Oklahoma Law Review

No abstract provided.


Health Information Equity, Craig Konnoth 2017 University of Colorado Law School

Health Information Equity, Craig Konnoth

Articles

In the last few years, numerous Americans’ health information has been collected and used for follow-on, secondary research. This research studies correlations between medical conditions, genetic or behavioral profiles, and treatments, to customize medical care to specific individuals. Recent federal legislation and regulations make it easier to collect and use the data of the low-income, unwell, and elderly for this purpose. This would impose disproportionate security and autonomy burdens on these individuals. Those who are well-off and pay out of pocket could effectively exempt their data from the publicly available information pot. This presents a problem which modern research ethics ...


Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf

Scholarly Works

This Article offers a practical three-part test for courts and law enforcement to utilize when faced with drone and privacy issues. Specifically addressing the question: how should courts analyze the Fourth Amendment’s protection against ‘unreasonable searches’ in the context of drones?

The Supreme Court’s Fourth Amendment jurisprudence produced an intricate framework to address issues arising out of the intersection of technology and privacy interests. In prominent decisions, including United States v. Katz, California v. Ciraolo, Kyllo v. United States, and most notably, United States v. Jones, the Court focused on whether the use of a single technology, such ...


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