Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Admissibility (1)
- Algorithms (1)
- Attribution (1)
- Audiences (1)
- Bayh-Dole Act (1)
-
- Clapper v. Amnesty International USA (1)
- Confrontation Clause (1)
- Copyright (1)
- Crawford v. Washington (1)
- Creative professionals (1)
- Creators (1)
- Credit (1)
- Damages (1)
- Data breach (1)
- Data security (1)
- Facial recognition (1)
- Federal Rules of Evidence (1)
- Forensic evidence (1)
- Freedom (1)
- Hearsay (1)
- Identity theft (1)
- Inclusion (1)
- Increased risk (1)
- Injury-in-fact (1)
- Krottner v. Starbucks Corp (1)
- Licensing (1)
- Patent law (1)
- Personal information (1)
- Pisciotta v. Old National Bancorp (1)
- Primary purpose test (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini
A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini
Michigan Law Review
Following a data breach, consumers suffer an increased risk of identity theft because of the exposure of their personal information. Limited protection by data-breach statutes has made it difficult for consumers to seek compensation for these injuries and penalize the companies that fail to protect their information, leading consumers to bring common law claims in court. Yet courts have disagreed about whether an increased risk of identity theft qualifies as an injury-in-fact under Article III standing principles: the Seventh and Ninth Circuits have approved of increased risk standing, while the Third Circuit has rejected it. The Supreme Court has further …
Beyond Eureka: What Creators Want (Freedom, Credit, And Audiences) And How Intellectual Property Can Better Give It To Them (By Supporting, Sharing, Licensing, And Attribution), Colleen Chien
Michigan Law Review
In the theater of the courtroom or the rough and tumble arena of intellectual property policymaking, the day-to-day lives of creators are rarely presented. We often instead see one-dimensional vignettes, for example, “the new artist or band that has just released their [sic] first single and will not be paid for its success,” described on Taylor Swift’s Tumblr last summer when she initially withdrew from Apple’s music streaming service. While instructive, this description leaves out that Swift and other artists have long relied on “free play” mediums like radio and, more recently, YouTube to develop, not cannibalize, their audiences and …
Face-To-Face With Facial Recognition Evidence: Admissibility Under The Post-Crawford Confrontation Clause, Joseph Clarke Celentino
Face-To-Face With Facial Recognition Evidence: Admissibility Under The Post-Crawford Confrontation Clause, Joseph Clarke Celentino
Michigan Law Review
In Crawford v. Washington, the Supreme Court announced a major change in Confrontation Clause doctrine, abandoning a decades-old framework that focused on the common law principles of hearsay analysis: necessity and reliability. The new doctrine, grounded in an originalist interpretation of the Sixth Amendment, requires courts to determine whether a particular statement is testimonial. But the Court has struggled to present a coherent definition of the term testimonial. In its subsequent decisions, the Court illustrated that its new Confrontation Clause doctrine could be used to bar forensic evidence, including laboratory test results, if the government failed to produce the …