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Full-Text Articles in Law
Informing And Reforming The Marketplace Of Ideas; The Public-Private Model For Data Production And The First Amendment, Shubha Ghosh
Informing And Reforming The Marketplace Of Ideas; The Public-Private Model For Data Production And The First Amendment, Shubha Ghosh
Shubha Ghosh
In 2011, the Supreme Court held that the First Amendment applied to the commercialization data in Sorrell v. IMS. While the case at issue dealt with state regulation of pharmacy data, the Court’s holding extends to regulation of data in many contexts from government created databases to search engines and social media sites. This Article contains a critique of the decision, emphasizing that the majority and dissent take polar opposite positions without adequately addressing the normative foundations for data regulation and the institutional arrangements within which such regulation occurs. The critique provides a normative framework for the free flow of …
Transparent And Commercialized?: Managing The Public-Private Model For Data Production And Use, Shubha Ghosh
Transparent And Commercialized?: Managing The Public-Private Model For Data Production And Use, Shubha Ghosh
Shubha Ghosh
This Article examines the relationship between two trends: the move towards transparency in government data and information and the increasing commercialization of data through social network and other sites. The author presents a normative framework for reconciling these two trends, analyzes the legal implications of this normative framework, and examines three case studies: the private use of government real estate assessment records, the creation of websites like data.gov, and governmental protection of databases. The Article concludes with a proposal for an open source licensing model for data and information.
Open Borders, Intellectual Property, & Federal Criminal Trade Secret Law, Shubha Ghosh
Open Borders, Intellectual Property, & Federal Criminal Trade Secret Law, Shubha Ghosh
Shubha Ghosh
Many scholars have demonstrated that labor mobility between firms has lead to the economic success of Silicon Valley. California’s policy against enforcing covenants not to compete has been shown to provide the legal infrastructure for high labor mobility. Does the argument extend to mobility of skilled labor across national borders? This Article addresses that question in the context of the Economic Espionage Act of 1996, the first federal criminal trade secret law in the United States. By analyzing the scholarly literature and the case law under the Act, the author presents a theoretical framework for assessing the Act based on …
Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh
Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh
Shubha Ghosh
This Article examines the phenomenon of “race-specific patents,” defined as patented inventions for which the claims or the disclosure is written using racial categories. Inspired by the grant of a patent in 2002 for a hypertension drug whose claims limited use to “black patients,” the study begins by documenting race-specific patents in several areas, including patents for pharmaceuticals, cosmetics, toys, and devices for determining personal identity. After cataloguing the nearly seven hundred patents that were discovered, the author presents an analysis of the use of racial categories in patent law that focuses on both the normative bases for intellectual property …