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2012

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Articles 121 - 147 of 147

Full-Text Articles in Law

Leveraging Bias In Forensic Science, Roger Koppl Jan 2012

Leveraging Bias In Forensic Science, Roger Koppl

Fordham Urban Law Journal

Dr. Simon Cole calls for a more hierarchical organization of forensic science in his challenging Article, Acculturating Forensic Science: What is ‘Scientific Culture’, and How can Forensic Science Adopt it? Koppl thinks Dr. Cole is right to say that there are different roles in forensic science, but somewhat mistaken in his call for hierarchy.

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Responding To Self-Produced Child Pornography: Examining Legislative Sucessesses And Shortcomings To Reach An Approppriate Solution, Shawn P. Barnes Jan 2012

Responding To Self-Produced Child Pornography: Examining Legislative Sucessesses And Shortcomings To Reach An Approppriate Solution, Shawn P. Barnes

Journal of Law, Technology, & the Internet

No abstract provided.

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Do Robomemos Dream Of Electric Nouns?: A Search For The Soul Of Legal Writing, Ian Gallacher Jan 2012

Do Robomemos Dream Of Electric Nouns?: A Search For The Soul Of Legal Writing, Ian Gallacher

Journal of Law, Technology, & the Internet

No abstract provided.

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Autonomous Cars And Tort Liability: Why The Market Will "Drive" Autonomous Cars Out Of The Marketplace, Kyle Colonna Jan 2012

Autonomous Cars And Tort Liability: Why The Market Will "Drive" Autonomous Cars Out Of The Marketplace, Kyle Colonna

Journal of Law, Technology, & the Internet

No abstract provided.

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Drone Strikes On Citizens: Ensuring Due Process For U.S. Citizens Suspected Of Terrorism Abroad, Casey Fitzpatrick Jan 2012

Drone Strikes On Citizens: Ensuring Due Process For U.S. Citizens Suspected Of Terrorism Abroad, Casey Fitzpatrick

Journal of Law, Technology, & the Internet

No abstract provided.

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More Money, More Problems: The Bitcoin Virtual Currency And The Legal Problems That Face It, Daniel Smith Jan 2012

More Money, More Problems: The Bitcoin Virtual Currency And The Legal Problems That Face It, Daniel Smith

Journal of Law, Technology, & the Internet

No abstract provided.

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Is Wikileaks A Hit Man Handbook: Why Wikileaks Cannot Claim First Amendment Immunity If The Afghan And Iraq War Logs Cause Physical Harm, Rachel Wolbers Jan 2012

Is Wikileaks A Hit Man Handbook: Why Wikileaks Cannot Claim First Amendment Immunity If The Afghan And Iraq War Logs Cause Physical Harm, Rachel Wolbers

Journal of Law, Technology, & the Internet

No abstract provided.

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Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague Jan 2012

Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague

Journal of Law, Technology, & the Internet

No abstract provided.

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Parol Metadata: New Biolerplate Merger Clauses And The Admissibility Of Metadata Under The Parol Evidence Rule, Thomas H. White Jan 2012

Parol Metadata: New Biolerplate Merger Clauses And The Admissibility Of Metadata Under The Parol Evidence Rule, Thomas H. White

Journal of Law, Technology, & the Internet

No abstract provided.

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Trademark And Copyright Enforcement In The Shadow Of Ip Law, William T. Gallagher Jan 2012

Trademark And Copyright Enforcement In The Shadow Of Ip Law, William T. Gallagher

Santa Clara High Technology Law Journal

In recent years, as Congress has created new intellectual property (IP) rights and courts have often interpreted those rights broadly, legal scholars have frequently decried the expanded scope of protection afforded IP owners in most substantive areas of IP law. According to this critique, the over-expansion of IP rights throughout the past two decades harms competition, chills free speech, and diminishes the public domain as increasingly broad areas of social life are brought within the scope of strong IP protection. While this over-expansion theory reflects an important—indeed, foundational—policy debate concerning the proper balance between IP owners’ rights and the public’s …

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Indirect Exploitation Of Intellectual Property Rights By Corporations And Investors: Ip Privateering And Modern Letters Of Marque And Reprisal, Tom Ewing Jan 2012

Indirect Exploitation Of Intellectual Property Rights By Corporations And Investors: Ip Privateering And Modern Letters Of Marque And Reprisal, Tom Ewing

UC Law Science and Technology Journal

Competitive pressures and rent-seeking behaviors have motivated companies and investors to develop indirect techniques for beneficially exploiting third-party intellectual property rights (IPRs) that qualitatively depart from the direct exploitation tools honed during the past thirty years of the pro-patent era. Among other things, companies have realized that they do not even need to own IPRs in order to consequently benefit from their exploitation. This phenomenon is labeled here "IP privateering" because of its similarities to an historic method of waging war on the high seas. This Article classifies IP privateering as a species of aggressive non-practicing entities (NPEs). The parameters …

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Practical Considerations In The Indirect Deployment Of Intellectual Property Rights By Corporations And Investors, Tom Ewing Jan 2012

Practical Considerations In The Indirect Deployment Of Intellectual Property Rights By Corporations And Investors, Tom Ewing

UC Law Science and Technology Journal

Competitive pressures and rent-seeking behaviors have motivated companies and investors to develop indirect techniques for beneficially exploiting third-party intellectual property rights (IPRs) that qualitatively depart from the direct exploitation tools honed during the past thirty years of the ongoing pro-patent era. Companies and investors have learned that they do not even need to own IPRs in order to consequently benefit from their exploitation. This phenomenon is labeled here "IP privateering" because of its similarities to an historic method for waging war on the high seas. This Article probes certain practical limitations of this newly identified strategy. Specifically, this Article explores …

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Customers, Co-Workers And Competition: Employee Covenants In California After Edwards V. Arthur Andersen, David L. Simson Jan 2012

Customers, Co-Workers And Competition: Employee Covenants In California After Edwards V. Arthur Andersen, David L. Simson

UC Law Science and Technology Journal

California law is well settled that most contractual provisions prohibiting competing with or soliciting customers of a former employer are unenforceable under California Business and Professions Code 16600, unless the activity involves misappropriation of trade secrets or confidential information. Nonetheless, case law appears to hold that a restriction on one type of post-employment activityhiring away former co-workers-might still be permitted. In 2008, the California Supreme Court once again addressed the scope of section 16600. This Note examines employee nonsolicitation covenants in light of that decision, including whether they remain legally defensible, and whether they retain any value for the employer …

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Fda Enforcement Of Criminal Liability For Clinical Investigator Fraud, Vandya Swaminathan, Matthew Avery Jan 2012

Fda Enforcement Of Criminal Liability For Clinical Investigator Fraud, Vandya Swaminathan, Matthew Avery

UC Law Science and Technology Journal

Clinical investigator fraud is a very real problem, and falls squarely within FDA's mandate to protect the public health. The Eighth Circuit has held that under this mandate, FDA has the authority to impose affirmative duties to protect the public health by promulgating relevant regulations. FDA did promulgate such regulations, and the Eighth Circuit held that a failure to follow these regulations is a violation of section 355(i) of the FDCA. A violation of section 355(i) is considered a violation of section 331(e), and a violation of 331(e) can result in criminal sanctions under section 333(a). Thus, this tenuous chain …

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Finding A Fit: Gene Patents And Innovation Policy, Erica L. Anderson Jan 2012

Finding A Fit: Gene Patents And Innovation Policy, Erica L. Anderson

UC Law Science and Technology Journal

The district court's decision in Ass'n for Molecular Pathology v. U.S. Patent & Trademark Office (the Myriad litigation) that isolated DNA does not constitute patentable subject matter because the isolated DNA is not markedly different from the naturally occurring DNA sequence redrew the lines of patentable subject matter. The Federal Circuit has subsequently overturned that holding; however, it remains unclear whether gene patents serve the patent system's underlying objective to encourage innovation. For the most part, courts have defined what constitutes patentable subject matter, but as the Myriad litigation demonstrates, courts may not be the best institution to consider these …

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Induced Infringement As A Strict Liability Claim: Abolishment Of The Specific Intent Requirement, Soonbok Lee Jan 2012

Induced Infringement As A Strict Liability Claim: Abolishment Of The Specific Intent Requirement, Soonbok Lee

UC Law Science and Technology Journal

This Note argues that the specific intent requirement for § 271(b) should be abolished. It shows that the language of § 271(b) does not provide textual support for the specific intent requirement. Additionally, it argues that the specific intent requirement is contrary to early case law before the enactment of the 1952 Patent Act and is in conflict with many aspects of patent law including the utilitarian policies, the doctrine of equivalents and basic risk allocation. Finally, this Note demonstrates that the overlapping scope of § 271(b) and § 271(c) necessitates the specific intent requirement because Congress intended § 271(b) …

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Open Source And The Age Of Enforcement, Heather J. Meeker Jan 2012

Open Source And The Age Of Enforcement, Heather J. Meeker

UC Law Science and Technology Journal

The last five years have seen the first serious enforcement efforts by licensors of open source software, so we are truly at the dawning of the age of enforcement. But open source claims are not like other claims. Understanding the distinctions between open source software claims and other intellectual property claims is key to reacting to open source claims gracefully, effectively, and with a minimum of embarrassment and cost. This Article provides a survey of where we stand today and demonstrates how this area of law has developed. We will be soon nearing the point where catalogs of open source …

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The Medicines Patent Pool: Promoting Access And Innovation For Life-Saving Medicines Through Voluntary Licenses, Krista L. Cox Jan 2012

The Medicines Patent Pool: Promoting Access And Innovation For Life-Saving Medicines Through Voluntary Licenses, Krista L. Cox

UC Law Science and Technology Journal

Monopolies over many life-saving drugs have led to high prices that remain out of reach for patients in the developing world, leading to a crisis of access over these essential medicines. High intellectual property barriers harm not only access to medicines, but can also impact future innovation. In order to address this problem, a proposal for a "patent pool" emerged that would rely on voluntary licenses by patent holders to enable the production of more affordable generic medicines. This article briefly describes the history of patent pools before focusing specifically on the UNITAID-supported Medicines Patent Pool. It analyzes the specific …

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Enhancing Public Access To Online Rulemaking Information, Cary Coglianese Jan 2012

Enhancing Public Access To Online Rulemaking Information, Cary Coglianese

Michigan Journal of Environmental & Administrative Law

One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available …

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Eudemonic Intellectual Property: Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye Jan 2012

Eudemonic Intellectual Property: Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye

Vanderbilt Journal of Entertainment & Technology Law

The predominant justification for most intellectual property rights is the incentive theory or utilitarian rationale. Behind this justification lies the Western idea of progress and its derivatives: liberalism, capitalism, and consumerism. After having shown that the predominant justification for intellectual property rights is the incentive theory, which rests on the idea of progress, this Article traces back the history of the idea and shows its parochialism in both time and space. The Article next shows that the progress ideology rests on assumptions that are either wrong or impossible to prove and therefore propounds that it must be abandoned, or if …

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Welcoming Remarks, Joseph J. Norton Jan 2012

Welcoming Remarks, Joseph J. Norton

SMU Science and Technology Law Review

No abstract provided.

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A New Institutional Economics Perspective On Trademarks: Rebuilding Post Conflict Zones In Sierra Leone And Croatia, 11 J. Marshall Rev. Intell. Prop. L. 745 (2012), Roya Ghafele, Benjamin Gibert Jan 2012

A New Institutional Economics Perspective On Trademarks: Rebuilding Post Conflict Zones In Sierra Leone And Croatia, 11 J. Marshall Rev. Intell. Prop. L. 745 (2012), Roya Ghafele, Benjamin Gibert

UIC Review of Intellectual Property Law

This paper evaluates the role of collective trademarks in enhancing the ability of tourism clusters to stimulate economic growth, local ownership and innovative governance. Illustrating how intellectual property (IP) law can be leveraged to achieve this, we offer a new economic rationale for trademarks in the context of tourism. Two post-conflict case studies of Sierra Leone and Croatia provide a crash test for this approach. By emphasizing the role of law, institutions and infrastructure in stimulating tourism in post-conflict zones, this paper echoes new institutional economics perspectives that highlight the impact of legal structure on development. Despite widespread acknowledgement of …

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Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012), Nicole Chaney Jan 2012

Cybersex: Protecting Sexual Content In The Digital Age, 11 J. Marshall Rev. Intell. Prop. L. 815 (2012), Nicole Chaney

UIC Review of Intellectual Property Law

Advertisers employ bare-skinned models and sex appeal to seduce American consumers with every magazine, billboard, and television advertisement. The ubiquity of sexual gratification has reached a tangible quality in American culture, but sex is still somehow taboo in our legal system. Despite the vast market for online adult entertainment, obscenity laws have been used to strike down claims for adult content copyright owners. These content owners are producing creative sexual expression for the public benefit, but they are being denied the same economic incentives granted to their mainstream counterparts. Ironically, Playboy Co. is an outlier in the adult entertainment industry …

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The Public Good V. A Monetary Profit: The News Organizations’ Utilization Of The Fair Use Doctrine, 11 J. Marshall Rev. Intell. Prop. L. 841 (2012), Frank J. Lukes Jan 2012

The Public Good V. A Monetary Profit: The News Organizations’ Utilization Of The Fair Use Doctrine, 11 J. Marshall Rev. Intell. Prop. L. 841 (2012), Frank J. Lukes

UIC Review of Intellectual Property Law

The main purpose of copyright law is to promote the arts and sciences for the public good. The secondary purpose of copyright law is to ensure the copyright holder retains a benefit for their work. Additionally, the Fair Use Doctrine allows a defense to an individual who uses the copyrighted work without permission, so long as a four-factor test under the Doctrine is properly met. The four factors this test analyzes are the Purpose Factor, The Nature of the Work Factor, The Amount Used Factor, and The Effect on the Market Factor. When news organizations have sought protection under the …

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For Sale. Patents. Never Used: Gaps In The Tax Code For Patent Sales, 11 J. Marshall Rev. Intell. Prop. L. 859 (2012), Khurram Naik Jan 2012

For Sale. Patents. Never Used: Gaps In The Tax Code For Patent Sales, 11 J. Marshall Rev. Intell. Prop. L. 859 (2012), Khurram Naik

UIC Review of Intellectual Property Law

Patent sales are an underappreciated means of monetizing patents. Recent blockbuster patent sales indicate heightened demand for patent acquisitions. There is evidence that such patent sales transfer patents to parties more skilled in patent enforcement, reducing litigation. Patent sales also move capital to innovators, which enhance incentives to innovate. But crucially, C corporations do not benefit from advantaged tax treatment. Efforts by other nations to encourage patent use and sales by providing “patent box” preferential tax regimes may provide some guidance for remedying this gap in the tax code.

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Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012), Ross Drath Jan 2012

Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012), Ross Drath

UIC Review of Intellectual Property Law

More than a decade ago, Napster brought the issue of copyright infringement by file-sharing to the center of the public stage. How would a body of copyright law built to regulate tangible objects apply in the digital realm? The safe harbor provisions of the Digital Millennium Copyright Act, intended as a compromise between the interests of copyright owners and webhosts, have instead introduced legal uncertainty and allocated the costs of online enforcement both inefficiently and disproportionately. While Napster and several other major peer-to-peer services have been shuttered in the intervening period, the scope of online copyright infringement continues to grow …

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Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson Jan 2012

Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson

UIC Law Review

No abstract provided.

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