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Full-Text Articles in Law

Designing Dupes: A Legislative Proposal For Holding Online Marketplaces Contributorily Liable For Counterfeit Goods, Gina Boone Jan 2021

Designing Dupes: A Legislative Proposal For Holding Online Marketplaces Contributorily Liable For Counterfeit Goods, Gina Boone

Fordham Intellectual Property, Media and Entertainment Law Journal

With a simple click on your favorite online marketplace, any consumer can unknowingly buy counterfeit goods. Counterfeits are no longer limited to fake luxury bags on the streets of Chinatown. These dupes can be roller skates, children’s toys, and even car tires. However, counterfeit products’ impact reaches far beyond just consumer health and safety. Counterfeiting negatively affects small businesses, imposes financial burdens, and causes reputational damage. Online marketplaces are aware of the increase of counterfeit products on their websites. Yet, they continue to facilitate its growth because it is unlikely the online platforms will be held liable for the sale …


The Regulation Of Cryptocurrencies: Between A Currency And A Financial Product, Hadar Y. Jabotinsky Dr. Jan 2020

The Regulation Of Cryptocurrencies: Between A Currency And A Financial Product, Hadar Y. Jabotinsky Dr.

Fordham Intellectual Property, Media and Entertainment Law Journal

Cryptocurrencies are electronically generated and stored currencies by which users can trade either real or virtual objects with one another. As these digital assets gain popularity, the issue of how to regulate them becomes more pressing. Cryptocurrencies are attractive due in part to their decentralized, peer-to-peer structure. This makes them an alternative to national currencies which are controlled by central banks. Given that these cryptocurrencies are already replacing some of the “regular” national currencies and financial products, the question then arises—should they be regulated? And if so, how? This paper draws the legal distinction between cryptocurrencies which are in fact …


The Dtsa’S Federalism Problem: Federal Court Jurisdiction Over Trade Secrets, Conor Tucker Jan 2017

The Dtsa’S Federalism Problem: Federal Court Jurisdiction Over Trade Secrets, Conor Tucker

Fordham Intellectual Property, Media and Entertainment Law Journal

The Defend Trade Secrets Act of 2016 (“DTSA”) greatly expanded federal protection of trade secrets. But how many trade secrets were “federalized”? The short answer is: many, but not all. At the heart of the DTSA lies a mammoth jurisdictional problem: Congress only federalized certain trade secrets. Unlike copyrights and patents, Congress has no independent constitutional basis to regulate trade secrets. Instead, like trademarks, trade secrets are regulated under the commerce clause and must satisfy a jurisdictional element, which requires a nexus between interstate commerce and trade secrets. But unlike trademarks, Congress chose not to legislate to the fullest extent …


Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy Mar 2005

Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy Mar 2005

Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton Dec 2000

Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Keynote Address: Commons And Code, Lawrence Lessig Dec 1999

Keynote Address: Commons And Code, Lawrence Lessig

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe Mar 1994

Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov Mar 1994

Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek Mar 1994

Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post Mar 1994

Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.