Law Commons^™

How Socially Comparing Emerging Research Institutions To Established Research Institutions Informs Proposed Amendments To The Bayh Dole Act, Clovia Hamilton

Marquette Intellectual Property & Innovation Law Review

Emerging research institutions have a problem with their lack of tech transfer, including start-up business formations. This study investigates that issue using social comparison theory as the framework for a novel experimental design. A group of 245 respondents, comprised of STEM faculty members and STEM administrators at emerging research institutions, completed a stated- choice survey based on the social comparison theory. The respondents were assessed on the level and extent that they compare their emerging research institution to well established research institutions with respect to research, technology commercialization, and academic entrepreneurship. Historically Black Colleges and Universities (HBCUs) in America were …

The Ftc’S Ban On Noncompete Agreements: Setting Sail On A Sea Of Doubt, Jeffery M. Cross

UIC Review of Intellectual Property Law

No abstract provided.

A Proposal On Deciding Trademark Infringement Claims To Limit Confusion For Consumers, Abigail Holtzman

UIC Review of Intellectual Property Law

No abstract provided.

The Bastard Of The Arts And Copyright Law: The Intersection Of Dance And Copyright Law In Hanagami V. Epic Games, Inc., Alyssa Sitkowski

UIC Review of Intellectual Property Law

No abstract provided.

Catch-22: The Elusiveness Of Commuted Per-Unit Royalty Conversions And Their Sufficiency In Hypothetical Negotiation Calculations Under Protective Order, Kenneth L. Woodard Jr.

UIC Review of Intellectual Property Law

No abstract provided.

Table Of Contents & Introductory Material

UIC Review of Intellectual Property Law

No abstract provided.

Game On: The Continuing Challenges For Enforcement Of Tattoo Copyrights, Yolanda M. King

UIC Review of Intellectual Property Law

No abstract provided.

Timing The Tunes: Nealy V. Warner Chappell Music, Inc. And The Dance Of Accrual, Statutes, And Damages, Joanna Goro

UIC Review of Intellectual Property Law

No abstract provided.

Green Dividends: A Case Study In Green Dividends And The Conditions For Private Ordering Solutions, Anne M. Tucker

Seattle University Law Review

This Essay introduces a novel private ordering solution to facilitate corporate investments in pro-social and environmental initiatives: Green dividends. Green dividends are an optional increase in shareholder dividends that are returned to the company to be reinvested in environmental initiatives or kept by a shareholder.

Green dividends pose an alternative to the current gridlocked debate that corporations can’t, won’t, shouldn’t, and shouldn’t even try to act in pro-social or environmental ways. Turning the common refrains on their head converts each narrative into an element for a successful private ordering solution: authority, accountability, shareholder buy-in, and government- backed enforcement. With Green …

Does Climate Disclosure Work To Reduce Greenhouse Gas Emissions? Emerging Evidence Suggests Cautious Optimism, Cynthia A. Williams

Seattle University Law Review

Significant regulatory resources have been spent developing global, voluntary climate and sustainability disclosure standards, such as the TCFD, TNRD, and ISSB’s Sustainability and Climate Disclosure standards, or domestically required disclosures, such as in the EU and in the U.S. Thus, it is important to evaluate whether this disclosure, particularly voluntary, qualitative disclosure, will have the power to shift the allocation of capital, will have a significant effect on the management of climate risk within firms, and ultimately will reduce climate change risk and biodiversity loss.

In this Article, several interrelated questions will be discussed. First, what does the empirical evidence …

From Cigarettes To Cereal: Analyzing The Rise, Peak, And Fall Of Ultra-Processed Foods And The Legal Battle Against Industry Food Deception, Charlotte F. Baird

SMU Science and Technology Law Review

This Comment explores the legal, regulatory, and public health dimensions of ultra-processed foods (UPFs) in the United States and abroad, revealing the urgent need for comprehensive reform. It traces the historical evolution of UPFs, exposing how Big Tobacco strategically pivoted into the food industry after facing public backlash and regulatory crackdowns with cigarettes and tobacco products. Using the same research tactics, behavioral manipulation, and aggressive marketing practices once employed to sell cigarettes, Big Tobacco companies repurposed their corporate expertise to engineer food designed for potential addiction, overconsumption, and profit, while often targeting children and marginalized communities. This Comment critically examines …

Incremental Innovation, George Horvath

SMU Science and Technology Law Review

Transformative innovations—the ones that use new technologies to disrupt the world—command our attention. But most new products are the result of a more mundane process of incremental iterative innovation, evolving through a long series of small modifications of existing technologies. Although both kinds of innovation can result in improved safety and utility, both can also create new dangers. We tend to be more aware of this in trans- formative innovations (as current worries over artificial intelligence show); by contrast, dangers created by incremental iterative innovation often go unrecognized, because the process itself is easy to overlook. Policymakers and regulators need …

Shutting Down The Supply Chain Pipeline Of Counterfeit Goods Running From Alibaba To Amazon, Daniel C. Chow

SMU Science and Technology Law Review

An immense supply chain pipeline constantly funnels millions of counterfeit goods from Alibaba’s e-commerce sites in China to third party sellers who sell these goods on Amazon to U.S. consumers. Amazon has acknowledged that it has a problem with counterfeits on its e-commerce sites, but its current responses to counterfeiting are primarily performative and intended to pacify disgruntled brand owners and frustrated consumers. Amazon’s responses will likely have little or no effect on counterfeits on its websites. This Article sets forth a direct and straightforward method for shutting down or seriously disrupting this pipeline based on using China’s existing laws. …

Disenchanting Consent, Ruifeng Song

SMU Science and Technology Law Review

Despite being criticized as a flawed mechanism for data protection, con- sent has witnessed a revival in the recent wave of state privacy statutes. One factor that contributed to the revival may be the widely held belief that con- sent constitutes the “cornerstone” of data privacy laws. This Article conducts a comparative historical survey to examine the validity of this belief. The findings are twofold. First, contrary to what many believe, consent has been playing a limited role in global data privacy laws. Second, consent is an inherently defective mechanism for data protection. Some of its problems have existed since …

It Is Our Flaws That Make Us Humane: How Technology Ruined Judicial Craft, Shai Dothan, Gregor Maučec

SMU Science and Technology Law Review

There is ample evidence that people are not completely rational. They suffer from a series of biases that limit their abilities to make the best decisions and to stick to them. Judges are a unique group of people. They go through many years of training that counter some of these biases, but not all of them. In fact, there is a whole field of research dedicated to predicting how judges, with their human flaws, are going to behave. But today, judges can use an increasing number of artificial intelligence (AI) tools to assist with their craft, particularly with research and …

Regulation To Reinforce The Evidentiary-Science Base Of U.S. Medicine In The Age Of "Omics", Michael J. Malinowski

SMU Science and Technology Law Review

United States’ technology transfer law and policy (TTLP) integrates government, academia, and industry—a “triple-threat” research and development (R&D) methodology—and harnesses commercial incentives to stimulate market application of federal government-funded invention. TTLP, which has proven a potent catalyst for remarkably prolific biomedical R&D since Congress enacted its cornerstone legislation in 1980, is transforming U.S. medicine to molecular medicine—to personal genome medicine (PGM)—in real time. A genomics (gene function in the context of an organism’s entire genome, meaning its full set of genetic instructions) complement to the Human Genome Project (HGP) emerged in the 1990s. Genomics has given rise to a portfolio …

Top Ten Biotechnology Patent Cases Of 2024: Loper Bright, Federal Circuit Turmoil, Patent Term Adjustment, And Naturally Occurring Nucleic Acids, Kevin E. Noonan, Andrew W. Torrance

SMU Science and Technology Law Review

A pivotal year for biotechnology patent law, 2024 was marked by consequential court rulings and evolving legal frameworks. This article surveys the ten most significant judicial decisions impacting biotech patents, highlighting major themes and trends in policy, litigation, and regulation. Courts at all levels grappled with core patentability requirements in the life sciences, from the Supreme Court’s continued laissez-faire stance on subject-matter eligibility to the Federal Circuit’s stringent enforcement of disclosure sufficiency rules.

Genetic Privacy, Ifeoma Ajunwa, Forrest Briscoe

Indiana Law Journal

The last decade has brought many technological advances to genetic testing. Increasingly, genetic testing, which was previously reserved for clinical or medical settings, has made its way to other spaces. Most significantly, we are now seeing the re-introduction of genetic testing to the workplace. Although the Genetic Information Nondiscrimination Act (GINA), which became law in 2009, would seemingly prohibit genetic testing in the workplace, genetic testing, as part of workplace wellness programs, is lawful under the aegis of the Affordable Care Act (ACA). This poses a threat to genetic privacy in the workplace. While some, like the actor Angelina Jolie, …

Public-Private Partnerships After Murthy V. Missouri, Danielle Keats Citron, Jeff Stautberg

Indiana Law Journal

This Essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the constitutionality of information sharing between federal agencies and social media companies. The litigation has been a good and a bad teacher. On one hand, the lower court decisions made legible the risks to free expression, accountability, transparency, and intimate privacy posed by government-industry collaborations. On the other hand, the litigation chilled information sharing between federal agencies, state election officials, and social media companies at the moment that such collaboration could and should help protect against foreign malign influence …

Technology Competency Road Map In Rhode Island: Reforming Professional Rules And Continuing Legal Education With Modern Educational Frameworks And Instructional Design Principles To Protect Clients, Myrta L. Ventura

Roger Williams University Law Review

No abstract provided.

Faking It: A Proposed Solution To Counter Nonconsensual Pornographic Deepfakes, Rena Song

Washington and Lee Journal of Civil Rights and Social Justice

2024 Louise A. Halper Award Winner for Best Student Note.

Deepfakes have become popular due to their user-friendly nature and accessibility, allowing anyone to create one by installing deepfake software programs on their phones or laptops. Deepfake software programs allow creators to create hyper-realistic multimedia featuring anyone whose image they can find. Some industries have drawn positive uses from deepfakes; however, deepfakes also create harms that can have detrimental effects on people’s mental health, employment, and reputation. Women and children, including those without a large online presence, have become the target for nonconsensual pornographic deepfakes. Congress has yet to pass …

Intellectual Property—Copyright Law—Ai Is “Actual Imitation:” An Argument On Why Generative Ai Should Not Be Allowed To Learn From Copyrighted Materials Without Authorization, Tj Stotts

University of Arkansas at Little Rock Law Review

No abstract provided.

Artificial Intelligence And Intellectual Property, Part Iii: Ip Protection For Ai-Assisted Inventions And Creative Works, Joshua Landau

American University Business Law Review

Chairman Darrell Issa, Ranking Member Hank Johnson, distinguished members of the Subcommittee on Courts, Intellectual Property, and the Internet ("Subcommittee") of the Committee on the Judiciary ("Judiciary Committee"), on behalf of the Computer and Communications Industry Association (CCIA) and its members, thank you for this opportunity to share our views on intellectual property (IP) protection for artificial intelligence (AI)-assisted works and inventions.

The Interaction Between Privacy Laws And Restrictive Licensing Agreements In Cross-Border Satellite Imagery, Ida Samardar

IP Theory

No abstract provided.

A Personal Interview With William Patry: His Thoughts On Music, Ai, And Copyright

IP Theory

No abstract provided.

The Vicious Patent Cycle: Addressing The Current Conflict Facing Startup Valuation And Patent Risk Through Policy Change, Karlie Hinton

IP Theory

Young, startup, and growth companies play an increasingly important role in driving innovation and economic growth, but they face distinct challenges when attempting to leverage valuable assets to secure funding and scale their ventures. The valuation of startup companies, especially those built around new technologies and corresponding intellectual property, presents a complex challenge. With limited financial history and uncertain futures, investors often turn to proxies like patents to ascribe potential value. In recent years, the practice of startups using patents to secure investment and higher valuations has become increasingly common. However, this growing reliance on patents raises important questions about …

Paternity, Protection, And Pirates: A Queer Theory Analysis Of Intellectual Property Metaphors, Eden Sarid

IP Theory

Intellectual Property and queer theory share a fundamental concern with the interplay between private and public, tangible and intangible, and language and form. Queer theory emphasizes how language impacts the construction of identity and belonging, highlighting that discourse plays a pivotal role in structuring gender, sexuality, and normativity. Intellectual Property is often portrayed as strictly neutral, laser-focused on spurring creativity and innovation. However, is this portrayal reflective of reality? And does this purported neutrality hold up in IP’s rhetoric? By examining two principal IP terminologies through a queer lens – the term “protection” to describe IP legal privilege, and the …

The Mathematics Of Regulatory Fragmentation: Understanding The Multiplicative Costs Of State-Level Platform Requirements, Amanda Reid

IP Theory

The recent wave of state-level social media regulation represents an unprecedented experiment in territorial control of digital platforms. While constitutional questions around state authority remain central to these debates, this article examines a distinct but complementary concern: the mathematical reality of how overlapping technical requirements multiply compliance burdens. These laws aim to protect youth online through technical mandates, yet they create a regulatory patchwork that generates multiplicative rather than additive costs. Following combination theory [N(N-1)/2], each new state regulation creates conflict points with existing requirements.

This article analyzes how this regulatory multiplication affects platform architecture, user experience, and safety outcomes. …

Under The Radar: The Hidden Harms Of Patent Practices In Defense Contracting, Hunter Schmittou

IP Theory

28 U.S.C. § 1498 allows the federal government and its contractors to use patented technologies without prior authorization, with the government assuming liability for infringement. While originally intended to facilitate procurement, its modern application has weakened patent protections, allowing contractors to incorporate patented innovations with minimal legal or financial consequences. This system disincentivizes private-sector investment in military technology, distorts competition, and increases procurement inefficiencies, ultimately placing the burden of infringement on taxpayers. The resulting imbalance not only stifles innovation but also entrenches reliance on a small group of dominant defense contractors, reducing technological diversity and slowing progress. Addressing these shortcomings …

Generative Ai's Copyright Enigma: A Comparative Study Of Fair Use And Fair Dealing, Taysir Awad

IP Theory

At the dawn of this decade, generative Artificial Intelligence (AI) models were at the apogee of modern science and technology. Their emergence introduced the world to a new paradigm of creativity and innovation, where machines can synthesize art, literature, and design with unprecedented sophistication, blurring the boundaries between human ingenuity and algorithmic computation. These models have the capacity to regenerate Oscar Wilde with the depiction of Ansel Adams, rewrite Harry Potter with William Shakespear’s proverbial tongue, and redesign St. Peter’s Basilica with Gothic arches, Seljuk carved stones, and an Antoni Gaudi roof architecture, relocated in the heart of New York …