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Full-Text Articles in Law

Beyond Microsoft: Intellectual Property, Peer Production And The Law’S Concern With Market Dominance., Daryl Lim Dec 2007

Beyond Microsoft: Intellectual Property, Peer Production And The Law’S Concern With Market Dominance., Daryl Lim

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu Dec 2007

Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee Dec 2007

A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth Dec 2007

Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar Dec 2007

Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg Dec 2007

Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Ksr V. Teleflex: The Non-Obviousness Requirement Of Patentability, John Richards, Herbert F. Schwartz, Steven L. Lee, John R. Thomas Jun 2007

Ksr V. Teleflex: The Non-Obviousness Requirement Of Patentability, John Richards, Herbert F. Schwartz, Steven L. Lee, John R. Thomas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law., Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi Jun 2007

That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law., Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Geographical Indications: The Current Landscape., Lynne Beresford Jun 2007

Geographical Indications: The Current Landscape., Lynne Beresford

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Nothing But A Gi Thing: Geographical Indications Under Eu Law., Annette Kur, Sam Cocks Jun 2007

Nothing But A Gi Thing: Geographical Indications Under Eu Law., Annette Kur, Sam Cocks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez Jun 2007

Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Gender Equality In High School Sports: Why There Is A Contact Sport Exemption To Title Ix, Eliminating It, And A Proposal For The Future., Blake J. Furman Jun 2007

Gender Equality In High School Sports: Why There Is A Contact Sport Exemption To Title Ix, Eliminating It, And A Proposal For The Future., Blake J. Furman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell Jun 2007

Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci Jun 2007

Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen Jun 2007

Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David Jun 2007

Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Lose The Illusion: Why Advertisers' Use Of Digital Product Placement Violates Actors' Right Of Publicity, Brandon D. Almond Mar 2007

Lose The Illusion: Why Advertisers' Use Of Digital Product Placement Violates Actors' Right Of Publicity, Brandon D. Almond

Washington and Lee Law Review

No abstract provided.


The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce Mar 2007

The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi Mar 2007

Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Extraterritorial Reach Of U.S. Patent Law: Has The Federal Circuit Gone Too Far?, Robert W. Pierson, Jr. Mar 2007

Extraterritorial Reach Of U.S. Patent Law: Has The Federal Circuit Gone Too Far?, Robert W. Pierson, Jr.

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Data Protection, Breach Notification, And The Interplay Between State And Federal Law: The Experiments Need More Time, Flora J. Garcia Mar 2007

Data Protection, Breach Notification, And The Interplay Between State And Federal Law: The Experiments Need More Time, Flora J. Garcia

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Bringing Sexy Back: Unauthorized Film Editing, Copyright, And How Removing Reproductive Acts Violates Reproduction Rights, Logan Clare Mar 2007

Bringing Sexy Back: Unauthorized Film Editing, Copyright, And How Removing Reproductive Acts Violates Reproduction Rights, Logan Clare

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Software Licenses Through The Bankruptcy Looking Glass: Drafting Individually Negotiated Software Licenses That Protect The Client's Interests In Bankruptcy, Jennifer S. Bisk Mar 2007

Software Licenses Through The Bankruptcy Looking Glass: Drafting Individually Negotiated Software Licenses That Protect The Client's Interests In Bankruptcy, Jennifer S. Bisk

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Legal Fictions In Pierson V. Post, Andrea Mcdowell Feb 2007

Legal Fictions In Pierson V. Post, Andrea Mcdowell

Michigan Law Review

American courts and citizens generally take the importance of private property for granted. Scholars have sought to explain its primacy using numerous legal doctrines, including natural law, the Lockean principle of a right to the product of one's labor, Law & Economics theories about the incentives created by property ownership, and the importance of bright line rules. The leading case on the necessity of private property, Pierson v. Post, makes all four of these points. This Article argues that Pierson has been misunderstood. Pierson was in fact a defective torts case that the judges shoe-horned into a property mold …


Network Neutrality And Industry Structure, T. Randolph Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak Jan 2007

Network Neutrality And Industry Structure, T. Randolph Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak

UC Law SF Communications and Entertainment Journal

In its attempt to establish rules that preserve the "openness" of the Internet, the federal government has recently considered implementing various regulatory constraints on the behavior of broadband service providers in order to ensure that consumers can freely access third-party applications over broadband networks without the fear that the network provider will deteriorate transmission to third-party services in favor of their own. Adopting these proposed "Network Neutrality" requirements, however, could exacerbate the very highly-concentrated industry structure by increasing industry concentration, and plausibly even rendering monopoly. Such forced commoditization of broadband access will leave consumers unambiguously worse off.


Antitrust And Sports League Franchise Relocation: Bringing Raiders I Into The Modern Era Of Antitrust Law, Brett Gibbs Jan 2007

Antitrust And Sports League Franchise Relocation: Bringing Raiders I Into The Modern Era Of Antitrust Law, Brett Gibbs

UC Law SF Communications and Entertainment Journal

Sports relocation is traumatic for die-hard sports fans. History and long-standing tradition are often thrust aside in pursuit of lucrative offers of stadium financing. Scholars often cite the leading case on sports relocation, Los Angeles Memorial Coliseum v. National Football League (Raiders I), for the proposition that restrictions on sports franchise relocation are illegal under the Sherman Act. However, since Raiders I, there have been two significant developments in antitrust law: the in-depth rule of reason approach and the "small but significant increase in price" approach. In light of these developments, sports leagues should not blindly rely on Raiders I, …


Who Owns A Home Run - The Battle Of The Use Of Player Performance Statistics By Fantasy Sports Websites, Jason Shane Jan 2007

Who Owns A Home Run - The Battle Of The Use Of Player Performance Statistics By Fantasy Sports Websites, Jason Shane

UC Law SF Communications and Entertainment Journal

Fantasy sports are becoming increasingly popular, and with the increase in popularity comes an increase in legal scrutiny. Fantasy sports trade on the statistics of professional athletes. This raises the question: who owns these statistics? Copyright law, the right to publicity and the First Amendment are all implicated. Ultimately, the public interest in this information trumps assertions of ownership by both the professional athletes and the leagues in which they play.


Fisher Of Genes: Patentability Of Expressed Sequence Tags, Joshua Kim Jan 2007

Fisher Of Genes: Patentability Of Expressed Sequence Tags, Joshua Kim

UC Law SF Communications and Entertainment Journal

The patentability of Expressed Sequence Tags (ESTs), small fragments of DNA that scientists use to identify genes, has been a topic of heated debate in intellectual property law and the scientific community. Much of the debate encompasses the far-reaching consequences of effectively placing control of thousands of ESTs into the hands of a few patent holders. In re Fisher, a recent Federal Circuit decision, was anticipated to settle the question of EST patentability, but may have failed to establish a decisive standard. A more workable standard calls for a clearer articulation of specific utility requirements as well as non-obviousness standards …


The Fourth Amendment And Cell Phone Location Tracking: Where Are We, Kevin Mclaughlin Jan 2007

The Fourth Amendment And Cell Phone Location Tracking: Where Are We, Kevin Mclaughlin

UC Law SF Communications and Entertainment Journal

Cell phones are a way of life in our society. While most people readily use their cell phones, they don't realize that cell phones also provide signals to track their location. This manner of cell phone tracking may be a violation of the Fourth Amendment right to be free of unreasonable searches and seizures. Under the test developed in Katz and its progeny, depending on a number of factors, cell phone tracking may qualify as a reasonable search. However, because cell phone tracking appears to implicate a number of core Fourth Amendment doctrines, it appears to constitute an unreasonable search.


Evolution In Slow Motion: Opting Into A Digital World, Kristin Richards Jan 2007

Evolution In Slow Motion: Opting Into A Digital World, Kristin Richards

UC Law SF Communications and Entertainment Journal

Google's "Library Project" which allows users to view snippets from books that have been scanned from library collections is the subject of two recently filed lawsuits. This article takes an in-depth look at the "Library Project" in light of modem copyright law. The "Library Project" presents courts with the difficult task of balancing consumers' desire for information on demand and authors' legal rights.