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Full-Text Articles in Law
Is Your Health Data Really Private? The Need To Update Hipaa Regulations To Incorporate Third-Party And Non-Covered Entities, Latena Hazard
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 outlines strategies to ensure protection against third party accessibility of information that consumers deem private.
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
Protecting Privacy In The Era Of Smart Toys: Does Hello Barbie Have A Duty To Report, Corinne Moini
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.
#Cautionbusinesses: Using Competitors' Hashtags Could Possibly Lead To Trademark Infringement, Debbie Chu
#Cautionbusinesses: Using Competitors' Hashtags Could Possibly Lead To Trademark Infringement, Debbie Chu
Catholic University Journal of Law and Technology
No abstract provided.
Section 337 Of The Tariff Act Of 1930 And Its Impacts On China, Yiqing Yin
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 been a serious …
Examining The Legalization Of Daily Fantasy Sports, Mark Dourmashkin
Examining The Legalization Of Daily Fantasy Sports, Mark Dourmashkin
Catholic University Journal of Law and Technology
No abstract provided.
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
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 the FCC’s online …
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 two …
Nobody Puts Blockchain In A Corner: The Disruptive Role Of Blockchain Technology In The Financial Services Industry And Current Regulatory Issues, Elizabeth Sara Ross
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 revolution, …
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs
How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs
Catholic University Journal of Law and Technology
This comment asserts that there is a need for an update to the multifactor test considered by courts in determining the strength of a trademark. Traditional factors include the expenses an entity can afford to pay in advertising, but do not give any weight to the presence of the entity on social media to reach its target consumer group.
Targeted Advertising And The First Amendment: Student Privacy Vs. Protected Speech, Marco Crocetti
Targeted Advertising And The First Amendment: Student Privacy Vs. Protected Speech, Marco Crocetti
Catholic University Journal of Law and Technology
No abstract provided.
Manhattan_Project.Exe: A Nuclear Option For The Digital Age, David Laton
Manhattan_Project.Exe: A Nuclear Option For The Digital Age, David Laton
Catholic University Journal of Law and Technology
This article explores the possible implications and consequences arising from the use of an artificial intelligence construct as a weapon of mass destruction. The digital age has ushered in many technological advances, as well as certain dangers. Chief among these pitfalls is the lack of reliable security found in critical information technology systems. These security gaps can give cybercriminals unauthorized access to highly sensitive computer networks that control the very infrastructure of the United States. Cyberattacks are rising in both frequency and severity and the response by the U.S. has been ineffective. A cyber-weapon of mass destruction (CWMD) implementing an …
Religious Accommodation, Religious Tradition, And Political Polarization, Marc O. Degirolami
Religious Accommodation, Religious Tradition, And Political Polarization, Marc O. Degirolami
Scholarly Articles
A religious accommodation is an exemption from compliance with the law for some but not for others. One might therefore suppose that before granting an accommodation, courts would inquire about whether a legal interference with religious belief or practice is truly significant, if only to evaluate whether the risk of political polarization that attends accommodation is worth hazarding. But that is not the case: any assessment of the significance of a religious belief or practice within a claimant's belief system is strictly forbidden.
Two arguments are pressed in support of this view: (1) courts have institutional reasons for acquiescing on …
A Less Corrupt Term," Supreme Court Round-Up For Ot 2016, Kevin C. Walsh, Marc O. Degirolami
A Less Corrupt Term," Supreme Court Round-Up For Ot 2016, Kevin C. Walsh, Marc O. Degirolami
Scholarly Articles
In these unusually turbulent times for the presidency and Congress, the Supreme Court’s latest term stands out for its lack of drama. There were no 5–4 end-of-the-term cases that mesmerized the nation. There were no blockbuster decisions.
Even so, the Court was hardly immune to the steady transformation of our governing institutions into reality TV shows. Over the weekend leading into the final day of the term, speculation ignited from who-knows-where about the possible departure of its main character, Justice Anthony Kennedy. To us, the chatter seemed forced—as if the viewing public needed something to fill the vacuum left by …