Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (140)
- Internet Law (118)
- Science and Technology Law (89)
- Computer Law (48)
- Communication (36)
-
- Communication Technology and New Media (36)
- Social and Behavioral Sciences (36)
- Commercial Law (32)
- Health Law and Policy (30)
- Biotechnology (29)
- Life Sciences (29)
- Criminal Law (23)
- International Law (22)
- Communications Law (17)
- Privacy Law (15)
- Constitutional Law (9)
- Entertainment, Arts, and Sports Law (8)
- Banking and Finance Law (7)
- Fourth Amendment (6)
- Evidence (5)
- Civil Procedure (4)
- Education Law (4)
- First Amendment (4)
- Business (3)
- Gaming Law (3)
- Law Enforcement and Corrections (3)
- Law and Economics (3)
- Legal Ethics and Professional Responsibility (3)
- Securities Law (3)
- Keyword
-
- Patents & Technology (82)
- Copyrights & Trademarks (58)
- Media & Communications (53)
- Health & Biotechnology (34)
- ECommerce (33)
-
- International (27)
- CyberCrime (23)
- Internet (15)
- Technology (12)
- Copyright (9)
- Cyberspace (8)
- EDiscovery (8)
- Intellectual property (5)
- Communication (4)
- ECommerce & Business (4)
- Privacy (4)
- Artificial Intelligence (3)
- Copyright & Trademarks (3)
- Digital (3)
- Online (3)
- Barlow (2)
- Computer (2)
- Cryptocurrency (2)
- Cyber (2)
- Information (2)
- Media and Communications (2)
- Network (2)
- Agency (1)
- Algorithmic (1)
- Antitrust (1)
Articles 1 - 30 of 377
Full-Text Articles in Law
Virtual Gaming, Actual Damage: Video Game Design That Intentionally And Successfully Addicts Users Constitutes Civil Battery, Allison Caffarone
Virtual Gaming, Actual Damage: Video Game Design That Intentionally And Successfully Addicts Users Constitutes Civil Battery, Allison Caffarone
Duke Law & Technology Review
In recent years, there has been increased academic interest in both the neurological effects of compulsive gaming and the potential tort liability of game developers who scientifically engineer games in order to addict users. Scholars from various disciplines are currently debating the scope and potential solutions to the problems associated with Gaming Disorder, now a globally recognized illness. This article contributes to this discussion by offering a multidisciplinary analysis of the scope of video game addiction, its neurological bases, and its relation to the legal rights and responsibilities of victims and game developers. In addition, this article explores the practical …
Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, Jackson Samples
Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, Jackson Samples
Duke Law & Technology Review
Electronic surveillance now plays a central role in the criminal legal system. Every year, hundreds of thousands of people are tracked by ankle monitors and smartphone technology. And frighteningly, commentators and policymakers have now proposed implanting radio frequency identification (“RFID”) chips into people’s bodies for surveillance purposes. This Note examines the unique risks of these proposals—particularly with respect to people on probation and parole—and argues that RFID implants would constitute a systematic violation of individual privacy and bodily integrity. As a result, they would also violate the Fourth Amendment.
The Lack Of Responsibility Of Higher Educaiton Institutions In Addressing Phishing Emails And Data Breaches, Muxuan (Muriel) Wang
The Lack Of Responsibility Of Higher Educaiton Institutions In Addressing Phishing Emails And Data Breaches, Muxuan (Muriel) Wang
Duke Law & Technology Review
Higher education institutions (HEIs) are highly susceptible to cyberattacks, particularly those facilitated through phishing, due to the substantial volume of confidential student and staff data and valuable research information they hold. Despite federal legislations focusing on bolstering cybersecurity for critical institutions handling medical and financial data, HEIs have not received similar attention. This Note examines the minimal obligations imposed on HEIs by existing federal and state statutes concerning data breaches, the absence of requirements for HEIs to educate employees and students about phishing attacks, and potential strategies to improve student protection against data breaches.
Next-Generation Data Governance, Kimberly A. Houser, John W. Bagby
Next-Generation Data Governance, Kimberly A. Houser, John W. Bagby
Duke Law & Technology Review
The proliferation of sensors, electronic payments, click-stream data, location-tracking, biometric feeds, and smart home devices, creates an incredibly profitable market for both personal and non-personal data. It is also leading to an amplification of harm to those from or about whom the data is collected. Because federal law provides inadequate protection for data subjects, there are growing calls for organizations to implement data governance solutions. Unfortunately, in the U.S., the concept of data governance has not progressed beyond the management and monetization of data. Many organizations operate under an outdated paradigm which fails to consider the impact of data use …
Smart Money For The People: Using Financial Innovation And Technology To Promote Esg, Frank Emmert
Smart Money For The People: Using Financial Innovation And Technology To Promote Esg, Frank Emmert
Duke Law & Technology Review
Traditional fiat currencies managed by governments and central banks have had negative impacts on environmental, social, and governance (ESG) goals. Central banks in mature democracies pursue policies that prioritize economic growth and high employment. However, these policies often lead to inflation, eroding the savings and pension funds of average citizens and encouraging risky behavior by banks and entrepreneurs. The pursuit of endless growth is socially and environmentally unsustainable. Leaders in developing countries and dictatorships use expansive monetary policy to maintain their positions, further exacerbating the situation. Convertible fiat currencies moving across borders in untraceable transactions evade regulation and taxation, with …
The Gptjudge: Justice In A Generative Ai World, Maura R. Grossman, Paul W. Grimm, Daniel G. Brown, Molly (Yiming) Xu
The Gptjudge: Justice In A Generative Ai World, Maura R. Grossman, Paul W. Grimm, Daniel G. Brown, Molly (Yiming) Xu
Duke Law & Technology Review
Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they can produce computer-generated text and images that are difficult to differentiate from human-generated text and images. Similarly, evidentiary materials such as documents, videos, and audio recordings that are AI-generated are becoming increasingly difficult to differentiate from those that are not AI-generated. These technological advancements present significant challenges to parties, their counsel, and the courts in determining whether evidence is authentic or fake. Moreover, the explosive proliferation and use of GenAI applications raises concerns about whether litigation costs will dramatically increase as parties are forced to …
Forensic Evidence And Rule 3.8: What Does The Use Of Bite Mark Evidence Tell Us About Prosecutorial Ethics?, Brendan Clemente
Forensic Evidence And Rule 3.8: What Does The Use Of Bite Mark Evidence Tell Us About Prosecutorial Ethics?, Brendan Clemente
Duke Law & Technology Review
Rule 3.8 of the ABA’s Model Rules of Professional Conduct should include rules that specifically address unethical uses of forensic evidence in criminal prosecutions. Forensic evidence is common in criminal trials. But the traditional rules of ethics do not effectively address the use of forensic evidence. Rule 3.8 should include a rule requiring prompt and full disclosure of information about expert witnesses whom the prosecutor plans to call and all relevant information that the prosecutor knows about a forensic method’s application in the case. Rule 3.8 should also include a requirement that the prosecutor use reasonable diligence to learn about …
Purpose Or Profit?: The Rise Of Public Benefit Corporations In The Technology Industry, Alanna Potter
Purpose Or Profit?: The Rise Of Public Benefit Corporations In The Technology Industry, Alanna Potter
Duke Law & Technology Review
Over the last several years, the demand for socially responsible companies has exploded. Many states have responded to this demand by offering a new corporate form, the public benefit corporation (“PBC”), which arguably allows companies to prioritize social benefit in a way that traditional corporations cannot. The technology industry has adopted the PBC structure at higher rates than corporations in other industries. This Note offers reasons for the appeal of PBCs to corporations generally and to the technology sector in particular. This Note also explores why technology companies may be able to achieve the goals discussed without the need for …
Causation And Conception In American Inventorship, Dan L. Burk
Causation And Conception In American Inventorship, Dan L. Burk
Duke Law & Technology Review
Increasing use of machine learning or “artificial intelligence” (AI) software systems in technical innovation has led some to speculate that perhaps machines might be considered inventors under patent law. While U.S. patent doctrine decisively precludes such a bizarre and counterproductive result, the speculation leads to a more fruitful inquiry about the role of causation in the law of inventorship. U.S. law has almost entirely disregarded causation in determining inventorship, with very few exceptions, some of which are surprising. In this essay, I examine those exceptions to inventive causality, the role they play in determining inventorship, and their effect in excluding …
Covid Vaccines And Intellectual Property Rights: Evaluating The Potential For National Legislation Implementing Global Patent Waivers, Ashley Dabiere
Covid Vaccines And Intellectual Property Rights: Evaluating The Potential For National Legislation Implementing Global Patent Waivers, Ashley Dabiere
Duke Law & Technology Review
Debates over the proper scope of intellectual property protections during the COVID-19 pandemic have occupied newspaper headlines since the first vaccines were developed nearly three years ago. Scholars and key politicians from several nations considered the implementation of a global patent waiver in an effort to make the vaccines more widely available in developing parts of the world. Although the question of whether such a waiver would fulfill this goal remains empirically unanswered and up for debate, the legal structure of United States patent law would make its implementation by Congress difficult given the value placed on intellectual property protections …
Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China, Jyh-An Lee, Lili Yang
Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China, Jyh-An Lee, Lili Yang
Duke Law & Technology Review
Most multinational enterprises (MNEs) register their original trademarks in Roman letters in China upon entering the Chinese market. However, many fail to develop and register corresponding Chinese marks because they do not understand local culture and consumers, overvalue consumers’ presumed brand loyalty, or neglect the accompanying trademark issues. This failure enables trademark squatters to register and hold the Chinese marks for ransom or local competitors to free ride on foreign marks using their Chinese translations or transliterations. This Article first introduces the complexity of translating a foreign mark into Chinese, which concerns complex linguistic, cultural, and business challenges. Based on …
Space And Existential Risk: The Need For Global Coordination And Caution In Space Development, Chase Hamilton
Space And Existential Risk: The Need For Global Coordination And Caution In Space Development, Chase Hamilton
Duke Law & Technology Review
This Article examines urgent risks resulting from outer space activities under the current space law regime. Emerging literature alarmingly predicts that the risk of a catastrophe that ends the human species this century is approximately 10–25%. Continued space development may increase, rather than decrease, overall existential risk due in part to crucial and identifiable market failures. Addressing these shortcomings should take priority over the competing commercial, scientific, and geopolitical interests that currently dominate in space policy. Sensible changes, including shifting space into a closed-access commons as envisioned by the 1979 Moon Treaty, may help in achieving existential security.
Homography Of Inventorship: Dabus And Valuing Inventions, Jordana Goodman
Homography Of Inventorship: Dabus And Valuing Inventions, Jordana Goodman
Duke Law & Technology Review
On July 28, 2021, the Device for the Autonomous Bootstrapping of Unified Sentience (“DABUS”) became the first computer to be recognized as a patent inventor. Due to the advocacy of DABUS’s inventor, Dr. Stephen Thaler, the world’s definition of “inventor” has finally fractured – dividing patent regimes between recognition of machine inventorship and lack thereof. This division has sparked many scholarly conversations about inventorship contribution, but none have discussed the implications of a homographic inventorship. This Article addresses the implications of international homographic inventorship – where countries have different notions and rules concerning patent inventorship – and the consequences for …
Personalized Smart Guns: A Futuristic Dream Or A Pragmatic Solution?, Andres Paciuc
Personalized Smart Guns: A Futuristic Dream Or A Pragmatic Solution?, Andres Paciuc
Duke Law & Technology Review
No abstract provided.
Food For Thought: Intellectual Property Protection For Recipes And Food Designs, Kurt M. Saunders, Valerie Flugge
Food For Thought: Intellectual Property Protection For Recipes And Food Designs, Kurt M. Saunders, Valerie Flugge
Duke Law & Technology Review
As any chef will tell you, cooking and food preparation is a creative, sometimes innovative, endeavor. Much thought and time is invested in selecting ingredients, developing the process for preparing the dish, and designing an interesting or appealing look and feel for a food item. If this is true, then it should come as no surprise that recipes, food designs, and other culinary creations can be protected by various forms of intellectual property, namely: trade secrets, design and utility patents, trade dress, but usually not copyright. This article considers how intellectual property law has been applied to protect recipes and …
Federalism In The Algorithmic Age, Chad Squitieri
Federalism In The Algorithmic Age, Chad Squitieri
Duke Law & Technology Review
No abstract provided.
Tribal Lending After Gingras, Max King
Tribal Lending After Gingras, Max King
Duke Law & Technology Review
Online payday lenders pose serious risks for consumers. Yet, for years, these lending companies have skirted state regulation by pleading tribal sovereign immunity. Under this doctrine, entities that are so affiliated with tribal nations that they are “an arm of the tribe” are immune from suit. Without comprehensive federal regulation, tribal sovereign immunity has served as a trump card at the pleading state for online payday lenders. The Note argues that change may be on the horizon. In the recent decision Gingras v. Think Finance, the Second Circuit held that the Supreme Court’s holding in Michigan v. Bay Mills Indian …
Look What You Made Her Do: How Swift, Streaming, And Social Media Can Increase Artists' Bargaining Power, Emily Tribulski
Look What You Made Her Do: How Swift, Streaming, And Social Media Can Increase Artists' Bargaining Power, Emily Tribulski
Duke Law & Technology Review
Music and technology have always been intertwined and recently the developments of streaming and social media have opened the door for artists to elevate their place in the music industry. The growth of social media engagement is undeniable and in 2016 streaming platforms led to the music industry’s first earnings increase in fifteen years, with double digit gains each year since—a change to the status quo that cannot be ignored. The technological moment provided by streaming and social media gives lesser-known artists, especially when they are backed by superstars, a unique opportunity to challenge traditionally label friendly record deals. These …
A Fresh Start: Surveillance Tech And The Modern Law Firm, Titus R. Willis
A Fresh Start: Surveillance Tech And The Modern Law Firm, Titus R. Willis
Duke Law & Technology Review
The legal community is rapidly evolving: firms are more beholden to clients than ever, associates are growing more competitive with one another, and younger firm employees are more willing than ever to subject themselves to surveillance from their employers. These evolutions come alongside a boom in surveillance technology. Tech companies now provide services that can track every keystroke a lawyer makes on a company computer, analyze the content of their computer screens, or even develop algorithms to measure employee productivity. How does the modern law firm respond to these new technologies? How do they weigh their obligations to clients with …
Keeping Up With China: Cfius And The Need To Secure Material Nonpublic Technical Knowledge Of Ai/Ml, Anthony Severin
Keeping Up With China: Cfius And The Need To Secure Material Nonpublic Technical Knowledge Of Ai/Ml, Anthony Severin
Duke Law & Technology Review
Artificial intelligence (AI) and machine learning (ML) technologies will shape societies by the values they are programmed to respect. In part because of anti-competitive Chinese practices such as forced transfers of intellectual property (IP), companies based in the U.S. have lost the ability to compete in several fields. To avoid losing competitiveness in AI/ML sectors, the Committee on Foreign Investment in the United States (CFIUS) should promulgate rules blocking Chinese investors from acquiring ownership interests in U.S. companies when that ownership would allow access to material nonpublic technical knowledge of AI/ML. Such a categorical blacklist approach will limit forced transfers …
Ripple Effects: How In Re Ripple Labs Inc. Litigation Could Signal The Beginning Of The End Of The Payment Platform, Lindsay Martin
Ripple Effects: How In Re Ripple Labs Inc. Litigation Could Signal The Beginning Of The End Of The Payment Platform, Lindsay Martin
Duke Law & Technology Review
Ripple Labs provides an international payment network that allows financial institutions to transfer money more cheaply and quickly than traditional international payments. Ripple’s native digital currency, XRP, supports global payments by acting as intermediate currency between different currencies, eliminating correspondent bank’s need to hold deposits in foreign currencies. In an ongoing class action lawsuit, XRP purchasers claim that the digital asset qualifies as a security under federal securities laws and that Ripple illegally offered and sold XRP as an unregistered security. Given Ripple’s rising prominence as a tool for financial institutions, this pending case will impact cryptocurrency markets and international …
Cyber And Tria: Expanding The Definition Of An "Act Of Terrorism" To Include Cyber Attacks, Nehal Patel
Cyber And Tria: Expanding The Definition Of An "Act Of Terrorism" To Include Cyber Attacks, Nehal Patel
Duke Law & Technology Review
The 9/11 terrorist attacks brought on financial losses that caused insurers and Congress to reevaluate how the United States approaches terrorism risk coverage. Congress quelled concerns of insurers evading coverage of future terrorist attacks by enacting the Terrorism Risk Insurance Act in 2002. This Note considers the difficulties presented by the out-of-date language employed by Congress in 2002 and proposes amendments so that the Act more clearly covers acts of cyberterrorism, which are ever-growing in their destructive potential.
Consumers Beware: How Are Your Favorite "Free" Investment Apps Regulated?, Siqi Wang
Consumers Beware: How Are Your Favorite "Free" Investment Apps Regulated?, Siqi Wang
Duke Law & Technology Review
The proliferation of free or low-cost investment apps has disrupted the financial industry in recent years. Major brokerage firms have been pressured to go to zero fees due to intense competition from their fintech counterparts. While these apps have extended their products and services to those underserved by traditional brokers, some of their practices raise consumer protection concerns. Namely, the practice of “payment for order flow,” which helps fintech startups sustain a zero-commission model, could lead to subordinating customers’ best interest to market makers who acquire their retail orders from these fintech startups. Further, “cash management accounts,” newly popular among …
High Health Care Spending And Developing Technology: Proton Beam Therapy, Yoojeong Jaye Han
High Health Care Spending And Developing Technology: Proton Beam Therapy, Yoojeong Jaye Han
Duke Law & Technology Review
No abstract provided.
Any Safe Harbor In A Storm: Sesta-Fosta And The Future Of § 230 Of The Communications Decency Act, Charles Matula
Any Safe Harbor In A Storm: Sesta-Fosta And The Future Of § 230 Of The Communications Decency Act, Charles Matula
Duke Law & Technology Review
No abstract provided.
A Copy Of A Copy Of A Copy: Internet Mimesis And The Copyrightability Of Memes, Elena Elmerinda Scialabba
A Copy Of A Copy Of A Copy: Internet Mimesis And The Copyrightability Of Memes, Elena Elmerinda Scialabba
Duke Law & Technology Review
No abstract provided.
Measuring Baseball’S Heartbeat: The Hidden Harms Of Wearable Technology To Professional Ballplayers, John A. Balletta
Measuring Baseball’S Heartbeat: The Hidden Harms Of Wearable Technology To Professional Ballplayers, John A. Balletta
Duke Law & Technology Review
No abstract provided.
Opting Out: Biometric Information Privacy And Standing, Michelle Jackson
Opting Out: Biometric Information Privacy And Standing, Michelle Jackson
Duke Law & Technology Review
No abstract provided.
Autonomous Systems As Legal Agents: Directly By The Recognition Of Personhood Or Indirectly By The Alchemy Of Algorithmic Entities, Dalton Powell
Autonomous Systems As Legal Agents: Directly By The Recognition Of Personhood Or Indirectly By The Alchemy Of Algorithmic Entities, Dalton Powell
Duke Law & Technology Review
No abstract provided.
The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala
The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala
Duke Law & Technology Review
No abstract provided.