Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 129001 - 129030 of 1194892

Full-Text Articles in Entire DC Network

Patent Law: Redefining Equitable Injunctions, Joseph R. Sozzani May 2022

Patent Law: Redefining Equitable Injunctions, Joseph R. Sozzani

Journal of Technology Law & Policy

No abstract provided.

Go to article

Copyright In Exile: Restoring The Original Parameters Of Exclusive Reproduction, Kenneth M. Alfano May 2022

Copyright In Exile: Restoring The Original Parameters Of Exclusive Reproduction, Kenneth M. Alfano

Journal of Technology Law & Policy

In this Article, I describe how a sound analysis of precedent—coupled with proper statutory construction—yields a meaning for reproduction that is indeed adaptable to many unforeseen practices, but far from boundless. I proceed chronologically through the history of the reproduction right: Part II first surveys the relevant tenets of originalism. Part II then traces the roots of the reproduction right back to a landmark 1908 case in which the Supreme Court synthesized a robust standard grounded in reason and history, and also shows how legislation enacted the following year incorporated this standard. Part III discusses the next (and current) revision, …

Go to article

False Positives And Secure Flight Using Dataveillance When Viewed Through The Ever Increasing Likelihood Of Identity Theft, Stephen W. Dummer May 2022

False Positives And Secure Flight Using Dataveillance When Viewed Through The Ever Increasing Likelihood Of Identity Theft, Stephen W. Dummer

Journal of Technology Law & Policy

No abstract provided.

Go to article

U.S. Jurisdictional Monopolization Of International Cybersquating Disputes: A Review Of Current Inequities And Future Consequences, Aaron Jay Horowitz May 2022

U.S. Jurisdictional Monopolization Of International Cybersquating Disputes: A Review Of Current Inequities And Future Consequences, Aaron Jay Horowitz

Journal of Technology Law & Policy

This Article will explore the current cybersquatting law in the United States, the history of U.S. domain control, the presence of nongovernmental venues for fighting cybersquatting, and the federal court reviews of the outcomes. Next, this Article will analyze the World Intellectual Property Organization, as well as the current status of international cybersquatting procedures. This Article will then focus on the recently created U.S. safe harbor for international domain disputes, as well as the potential international reaction which may disrupt the flow of international communication and commerce.

Go to article

A Federal Judge's View Of The Most Important Changes In Patent Law In Half-A-Century, Robert M. M. Seto May 2022

A Federal Judge's View Of The Most Important Changes In Patent Law In Half-A-Century, Robert M. M. Seto

Journal of Technology Law & Policy

The Article will cover almost all of the important contentious issues raised by H.R. 2795, plus my proposed changes, in the following order: (a) the first-to-file system; (b) the problems inherent in continuation applications; (c) prior user rights; (d) the injunction controversy; (e) limitations upon damages in the context of injunctions; (f) the arguments for nine-month publication; (g) the problems in quantifying damages; (h) elimination of the “best mode” requirement; (i) continuation of injunctions; (j) post-issuance prior art by third parties; (k) pre-issuance submissions by third parties; and (l) proposed changes in the law; (m) new opposition proceedings. In addition, …

Go to article

Patents & Antitrust: Does A Patent Confer Market Power? A Look At The Upcoming Supreme Court Case: Illinois Tool Works V. Independent Ink, Sarah Knight May 2022

Patents & Antitrust: Does A Patent Confer Market Power? A Look At The Upcoming Supreme Court Case: Illinois Tool Works V. Independent Ink, Sarah Knight

Journal of Technology Law & Policy

One company is “hooked” to financial inducements that amount to “cocaine.” Another company must resort to hiding its relationship with a party and labeling its brochures “secrets and confidential.” A third company was beaten into “guacamole” in retaliation for its relationship with this same party. A fourth company “had a gun to his head” and must stop buying from this same party. What would bring out such outrageous allegations? The answer is Advanced Micro Devices’ antitrust claim against Intel for product bundling and alleged coercive practices. In regards to the bundling allegations, the treatment of the antitrust analysis can differ …

Go to article

Interpretation Spawns Rethinking Of Patent Law: A Jurisprudential Review Of The Courts' Treatment Of Software Patents, Zainabu Rumala May 2022

Interpretation Spawns Rethinking Of Patent Law: A Jurisprudential Review Of The Courts' Treatment Of Software Patents, Zainabu Rumala

Journal of Technology Law & Policy

The United States has long prided itself on its societal ingenuity. In fostering such ingenuity, courts have implemented a patenting system whereby inventors can prevent others from unlawfully profiting from their discoveries. However, there are limitations to the patentability of certain innovations. With the technological boom in the latter part of the twentieth century, courts have had to continually revisit the area of subject matter patentability. Specifically, the judiciary has been wary of patenting software. Although the Supreme Court has stated that Congress intended “anything under the sun that is made by man to be patentable,” courts have struggled with …

Go to article

Copyright Law: When Is "Substantial" Substantial Enough, Magdalena Ozarowski May 2022

Copyright Law: When Is "Substantial" Substantial Enough, Magdalena Ozarowski

Journal of Technology Law & Policy

No abstract provided.

Go to article

The Inconsistent Treatment Of Computer Software As Patentable Subject Matter, Steven M. Greenberg May 2022

The Inconsistent Treatment Of Computer Software As Patentable Subject Matter, Steven M. Greenberg

Journal of Technology Law & Policy

No abstract provided.

Go to article

Gps Technology In Cellular Telephones: Does Florida's Constitutional Privacy Protect Against Electronic Locating Devices?, Peter Caldwell May 2022

Gps Technology In Cellular Telephones: Does Florida's Constitutional Privacy Protect Against Electronic Locating Devices?, Peter Caldwell

Journal of Technology Law & Policy

GPS technology is not new, but in the recent past, it has become so widespread that it now affects most everyone’s lives. The term “GPS” refers to a “global positioning system,” by which a GPS tracking device communicates through satellites to reveal its precise location. Since GPS units are now mandatorily built into all cellular telephones, service providers can locate their users wherever they may be, if required to do so.

Yet, because of the intimate, locational nature of GPS data, these technologies have engendered privacy questions which beg closer examination, particularly due to the potential law enforcement (or other …

Go to article

Pharmaceutical Patent Settlements: Fault Lines At The Intersection Of Intellectual Property And Antitrust Law Require A Return To The Rule Of Reason, John Fazzio May 2022

Pharmaceutical Patent Settlements: Fault Lines At The Intersection Of Intellectual Property And Antitrust Law Require A Return To The Rule Of Reason, John Fazzio

Journal of Technology Law & Policy

This Article will argue that a new standard is needed for the examination of settlements between name brand manufacturers and their generic rivals. These arrangements are neither horizontal restraints between competitors at the same level of the supply-chain, nor vertical restraints between suppliers and distributors, but a new diagonal restraint between generic competitors who are dependent upon their name brand rivals for important research and development. Legal interpretation of these diagonal restraint agreements should give greater flexibility to name brand manufacturers in protecting their intellectual property, while simultaneously assuring generic rivals incentives to innovate and to produce cheap substitutes, spurring …

Go to article

Tempest In A Teapot Or Tidal Wave? Cybersquatting Rights And Remedies Run Amok, H. Brian Holland May 2022

Tempest In A Teapot Or Tidal Wave? Cybersquatting Rights And Remedies Run Amok, H. Brian Holland

Journal of Technology Law & Policy

No abstract provided.

Go to article

Naked Trademark Licenses In Business Format Franchising: The Quality Control Requirement And The Role Of Local Culture, Michelle S. Friedman May 2022

Naked Trademark Licenses In Business Format Franchising: The Quality Control Requirement And The Role Of Local Culture, Michelle S. Friedman

Journal of Technology Law & Policy

Business format franchising is an increasingly popular business method. However, as franchisors expand across the United States, they may be forced to adapt the characteristics of their products to conform to local cultures. Often this need collides with the demands of trademark law; namely, the rule against naked licensing and the quality control requirement. This Article examines the intersection of these two concepts and argues that the quality control requirement should be abandoned in the context of business format franchising.

Part II examines the development of the rule against naked licensing and the quality control requirement. First, it explains the …

Go to article

The Trips Agreement: Is It Beneficial To The Developing World, Or Simply A Tool Used To Protect Pharmaceutical Profits For Developed World Manufacturers?, Clark A.D. Wilson May 2022

The Trips Agreement: Is It Beneficial To The Developing World, Or Simply A Tool Used To Protect Pharmaceutical Profits For Developed World Manufacturers?, Clark A.D. Wilson

Journal of Technology Law & Policy

There is an ongoing struggle between the rights of pharmaceutical patent owners and those in desperate need of the drugs for whom they hold the patents. Further technological innovation requires that there be sufficient incentive to research and develop (R&D) new drugs, but once these drugs are approved and protected by patent law, they should be made available to people who will suffer without them. In this regard, a system of patent rights which is too protective will hinder availability by restricting widespread dissemination to the public. On the other hand, a system of patent rights which is too weak …

Go to article

Lawyers Still Worry Too Much About Transmitting E-Mail Over The Internet, David Hricik, Amy Falkingham May 2022

Lawyers Still Worry Too Much About Transmitting E-Mail Over The Internet, David Hricik, Amy Falkingham

Journal of Technology Law & Policy

Although in many ways technology has made ways technology has made the practice of law easier, the vast increases in storage capacity, the lightning-quick speed of communication, and the ability to transmit data over the Internet have made it more important for lawyers to consider the impact of technology on the core ethical issue of confidentiality. Digitalization of the practice of law means that a breach of a duty of confidentiality can have far greater consequences because greater amounts of information can be transmitted at lightning speeds. Where once it would have taken a truck and an army of burglars …

Go to article

Jailhouse Informants: A Lesson In E-Snitching, Valerie Alter May 2022

Jailhouse Informants: A Lesson In E-Snitching, Valerie Alter

Journal of Technology Law & Policy

Informants have been falsifying confessions in the United States since at least 1819. That year, Vermont authorities could not solve an alleged homicide since the victim was missing, and brought in a known perjurer for help. The perjurer elicited a “confession” from a suspect, who received the death penalty. Days before the hanging was to take to place, the supposed murder victim returned to town, alive. Today, jailhouse informants, many of whom are pathological liars, who tell prosecutors about suspects’ alleged confessions, will receive leniency or other perks. Problems stemming from this prompted a grand jury investigation in Los Angeles …

Go to article

Real Problems, Virtual Solutions: The (Still) Uncertain Future Of Virtual Child Pornography Legislation, Jacqueline B. Watanabe May 2022

Real Problems, Virtual Solutions: The (Still) Uncertain Future Of Virtual Child Pornography Legislation, Jacqueline B. Watanabe

Journal of Technology Law & Policy

As of February 2002, more than half of the U.S. population was online, with a rate growth of Internet use of two million new users per month. Use of the Internet crosses economic, cultural, and educational lines, and is increasing for people regardless of income, education, race, ethnicity or gender. Its applications enhance many aspects of our lives, with an expanding range of activities including such things as e-mail, searching for product and service information, making online purchases, and searching for health information.

Unfortunately, while the Internet has unprecedented potential to enhance our daily lives, there is also a dark …

Go to article

Finders Keepers? The Repatriation Of Egyptian Art, Aisha Y. Salem May 2022

Finders Keepers? The Repatriation Of Egyptian Art, Aisha Y. Salem

Journal of Technology Law & Policy

Ancient Egypt is an era in history that has drawn immense fascination for hundreds of years. Ancient Egyptians contributed much to modern-day civilization, including both mathematics and engineering. Perhaps the ancient Egyptians’ most valuable contributions were the beautiful objects of art we have come to admire. Ancient Egyptian art has been adored and studied all over the world. However, many Egyptians would prefer for that art to be adored at home, in Egypt.

Most of the artifacts Egypt seeks to recover were taken from inside its borders during the late eighteenth and early nineteenth centuries. In fact, Europe’s fascination and …

Go to article

The Dialectic Relationship Between Different Concepts Of Property Rights And Its Significance On Intellectual Property Rights, Vincenzo Vinciguerra May 2022

The Dialectic Relationship Between Different Concepts Of Property Rights And Its Significance On Intellectual Property Rights, Vincenzo Vinciguerra

Journal of Technology Law & Policy

The purpose of this Article is to facilitate an understanding of the nature of Intellectual Property Rights (IPRs) through an analysis of different ideas of property rights, as enshrined and elaborated by law and political literature.

In the second part of the Article, peculiarities of IPRs and their main differences from property rights are sketched out. Furthermore, a methodological approach is briefly drawn. The third part takes into account the rationale and the purposes of property rights according to the main philosophical and political mainstreams in the United States in the twentieth century. The fourth, and last part, is devoted …

Go to article

Thinking Outside The Pandora's Box: Why The Dmca Is Unconsitutional Under Article I, § 8 Of The U.S. Constitution, Joshua Schwartz May 2022

Thinking Outside The Pandora's Box: Why The Dmca Is Unconsitutional Under Article I, § 8 Of The U.S. Constitution, Joshua Schwartz

Journal of Technology Law & Policy

In 1998 Congress passed the Digital Millennium Copyright Act (DMCA) in response to perceived evils unleashed upon copyright holders by the advent of affordable digital technology allowing consumers to make perfect serial copies of works encoded in digital media with little difficulty and little cost. A panicked entertainment industry convinced Congress that, unless a new law was passed to prevent this sort of copying, it would be the end of the entertainment industry as we know it. Industry members claimed that, without broad protection outlawing new copying technologies, illegal copies would be freely traded with little to no control. They …

Go to article

Choice Of Law In International Copyright: The Split Of Authority Between The Second And Ninth Circuits Regarding Extraterritorial Application Of The Copyright Act, Robert H. Thornburg May 2022

Choice Of Law In International Copyright: The Split Of Authority Between The Second And Ninth Circuits Regarding Extraterritorial Application Of The Copyright Act, Robert H. Thornburg

Journal of Technology Law & Policy

Despite the coming of age of Internet dissemination of international works of authorship, and the general ease of obtaining a variety of international newspapers, records, and films, the current state of U.S. law in the field of ascertaining choice of law in copyright matters remains in an “isolationist position.” As asserted in Itar-Tass Russian News Agency v. Russian Kurier, Inc., the “[c]hoice of law issues in international copyright cases have been largely ignored in the reported decisions and dealt with rather cursorily by most commentators.” Despite deeper implications of foreign laws regarding international dissemination of domestic works of authorship, …

Go to article

Should Congress Do Something About Upstream Clogging Caused By The Deficient Utility Of Expressed Sequence Tag Patents?, Cynthia D. Lopez-Beverage May 2022

Should Congress Do Something About Upstream Clogging Caused By The Deficient Utility Of Expressed Sequence Tag Patents?, Cynthia D. Lopez-Beverage

Journal of Technology Law & Policy

Because DNA sequences are genetic “information,” should that not distinguish them from other chemical compounds in the context of a patent system? This wide-ranging question continues to be hotly debated by individuals in every walk of life. There is a distinct lack of agreement, even among the Justices of the U.S. Supreme Court, the CAFC, and the Board of Patent Appeals and Interferences (BPAI). Though several cases have held that DNA sequences are mere chemicals, more recent cases have addressed the distinction between the written description and enablement requirements for patentability. The courts in those cases have found sufficient differences …

Go to article

Patently Irrelevant? Use Of Foreign Prosecution History As Extrinsic Evidence During Litigation Of A Counterpart U.S. Patent, Elizabeth Cowan Wright May 2022

Patently Irrelevant? Use Of Foreign Prosecution History As Extrinsic Evidence During Litigation Of A Counterpart U.S. Patent, Elizabeth Cowan Wright

Journal of Technology Law & Policy

It is well-known proposition that foreign decisions relating to patentability have no bearing on U.S. patentability. For this reason, the prosecution history of a foreign patent may not be relevant to a patent infringement suit of a counterpart U.S. patent. Despite its potential irrelevance, some courts will admit evidence from a foreign prosecution history during litigation of a counterpart U.S. patent. Courts generally admit evidence from a foreign prosecution history in one of two contexts. Such evidence is either admitted during claim construction or when a court is considering the scope of equivalents available to a patentee.

This Article summarizes …

Go to article

Night Shift Report: A Critical Thinking Activity For Nursing Students, Jennifer Cowley May 2022

Night Shift Report: A Critical Thinking Activity For Nursing Students, Jennifer Cowley

Greater Faculties: A Review of Teaching and Learning

No abstract provided.

Go to article

Can Social Media Corporations Be Held Liable Under International Law For Human Rights Atrocities?, Juliana Palmieri May 2022

Can Social Media Corporations Be Held Liable Under International Law For Human Rights Atrocities?, Juliana Palmieri

Pace International Law Review

This article examines the relevant international law associated with genocide and hate speech and examines whether there are any legal grounds to hold a corporation liable for how people chose to use its product or service in relation to human rights violations. The analysis begins with a brief overview of international criminal and human rights law, relevant treaties, jurisdictional issues, and the legal theories of corporate criminal liability and complicity. Because current international law provides no clear answer, this article proposes that international courts use a balancing test which evaluates a non-exclusive list of ten main factors.

Go to article

World War I And The Armenian Genocide: Laying The Groundwork For Crimes Against Humanity, Julia Koch May 2022

World War I And The Armenian Genocide: Laying The Groundwork For Crimes Against Humanity, Julia Koch

Pace International Law Review

For all of its advancements in international law, including delivering justice to the war criminals of the Second World War, the International Military Tribunal in Nuremberg has long been tainted with accusations of victors’ justice and criticized for violating the principle of nullem crimen sine lege. Such is the case for crimes against humanity, a crime that did not exist in positive international law until the 1945-46 legal proceedings in Nuremberg. But the historiography of the First World War—an era where punishment for war crimes is generally viewed as a wholesale failure—provides an additional, indeed novel, basis for understanding …

Go to article

Intellectual Property Rights And Competition Law For Transfer Of Environmentally Sound Technologies, Mahatab Uddin May 2022

Intellectual Property Rights And Competition Law For Transfer Of Environmentally Sound Technologies, Mahatab Uddin

Pace International Law Review

Battling against climate change, “a common concern of humankind,” is the most prominent global challenge of this century, and Environmentally Sound Technologies (“ESTs”) are the main tools to fight this battle. This article examines the juxtaposed role of Intellectual Property Rights (“IPRs”) and competition laws in facilitating wide-scale innovation and transfer of ESTs in developing and least developed countries. This article covers diverse IPRs, including patents and trade secrets. The discussion and analysis of the IPRs are based on the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). And the discussion on competition law mainly focuses on competition related …

Go to article

Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput May 2022

Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput

Pace International Law Review

The incidents of terrorism have multiplied and so have the routes through which the terrorists reach their targets. There is a threat of a terrorist attack from the sea route aimed at targets on the land. Until now the academic scholarship as well as treaty practice has focused on challenges of terrorism to the safety of navigation rather than terrorist threats originating from the sea. Efforts at treaty making in this direction in the past are inadequate to address the problem. This article analyses the legal framework within which response may be undertaken to neutralize a terrorist threat through preventive …

Go to article

Characterization Of Gas Hydrate Formation And Its Impact On Slope Stability In Offshore Environments, Sulav Dhakal May 2022

Characterization Of Gas Hydrate Formation And Its Impact On Slope Stability In Offshore Environments, Sulav Dhakal

LSU Doctoral Dissertations

Natural gas hydrates (NGH) are predominantly methane hydrates formed at high pressure and low temperature conditions typically in submarine sediments and permafrost. This dissertation is focused on the submarine methane hydrates formed by upward migration of free and dissolved gas. The methane gas stored within natural hydrates has more energy potential than all the combined oil and gas resources around the world. Numerical simulation of fluid flow, heat transport, and geomechanical stresses is used to characterize and evaluate the saturation, distribution, reservoir quality, and geohazards associated with hydrate-bearing sediments. Coupled thermo-hydro-mechanical (THM) simulation of hydrate formation, dissociation, and slope stability …

Go to article

Who Is ‘Slapping’ Whom?, Juan Chavarria, Javier Flores, Salman Mostafa, Marian Riedy May 2022

Who Is ‘Slapping’ Whom?, Juan Chavarria, Javier Flores, Salman Mostafa, Marian Riedy

Mountain Plains Journal of Business and Technology

A majority of the states and the District of Columbia have enacted “anti-SLAPP” statutes, which set forth a procedure for obtaining an early dismissal of a “strategic lawsuit against public participation,” or a “SLAPP,” as labeled by George W. Pring and Penelope Canan. These types of cases, often alleging defamation or a similar tort, should be discouraged, according to the anti-SLAPP advocates, because the true intent of the plaintiff is to “chill” speech rather than obtain compensation. The paradigm of a SLAPP is a lawsuit filed by a large, well-funded corporation against an “ordinary citizen” who has spoken out in …

Go to article

First Prev Next Last