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Articles 1 - 21 of 21
Full-Text Articles in Law
Downstreaming, Rachel Landy
Downstreaming, Rachel Landy
Articles
Spotify and its competitors all offer the same product at the same price. Why? Scholars have argued that relationships can be designed in a way that naturally promotes innovation. By “braiding” certain formal contracting practices with informal enforcement norms, parties develop a frame-work that supports trust and positive, long-term collaboration. This Article takes on this consensus and shows that not all braiding is good. Using the multibillion-dollar subscription music streaming business as an illustration, it demonstrates just how industry forces can, and do, overcome braiding’s positive slant. In that industry, the major record labels (Universal, Warner, and Sony) weaponize braiding …
Wrong Search At The Wrong Time: Keyword Search Warrants And The Fourth Amendment, Nicole Chan
Wrong Search At The Wrong Time: Keyword Search Warrants And The Fourth Amendment, Nicole Chan
Articles
This Note will advocate for the view that when presented with the issue, state and federal courts should establish that keyword search warrants are unconstitutional because they violate the Fourth Amendment. Keyword search warrants cannot meet the Fourth Amendment’s requirements of probable cause and particularity because the subjects of the search cannot be identified until after the search is completed. These warrants are unnecessary and have the potential of implicating millions of internet users who have no connection to a crime. This Note will contend that individuals have a reasonable expectation of privacy in their search history data, and that …
Exit Engineering, Rachel Landy
Exit Engineering, Rachel Landy
Articles
How do business lawyers create value? For nearly forty years, scholars have conceptualized the business lawyer as a “transaction cost engineer” who helps contracting parties efficiently break negotiation stalemates to create more valuable deals. This theory provides meaningful insights about sophisticated corporate law practice, where outside lawyers parachute in to make one-off deals happen. However, it fails to explain the behavior of startup lawyers, who develop long-term relationships with their clients and counsel them on seemingly routine matters, well before a major transaction materializes. These lawyers are not just transaction cost engineers, they are exit engineers.This Article offers a novel …
Montana Is Trying To Ban Tiktok. What Does The First Amendment Have To Say?, Deborah Pearlstein, John Dellamore
Montana Is Trying To Ban Tiktok. What Does The First Amendment Have To Say?, Deborah Pearlstein, John Dellamore
Online Publications
Last month, Montana became the first U.S. state to pass a bill banning TikTok from operating within its borders. If Governor Greg Gianforte signs some version of the bill, it will become the first statewide ban in the country to take direct aim at the popular social media app, which various U.S. government officials have warned poses a serious national security threat. But while Montana may be the first to act, significant gaps remain in the public debate surrounding both the nature of the threat that TikTok presents, and the constitutional questions that trying to regulate it might create.
Oh No, Another Chatgpt Post: Incorporating Ai-Powered Chatbots Into Legal Research Exercises And Assignments, Olivia R. Smith Schlinck
Oh No, Another Chatgpt Post: Incorporating Ai-Powered Chatbots Into Legal Research Exercises And Assignments, Olivia R. Smith Schlinck
Library Staff Online Publications
Since it was launched at the end of November 2022, the discourse around ChatGPT and AI search tools has been unrelenting. What impact will AI-powered chatbots have on education? Will students submit ChatGPT-written essays and homework assignments? Will AI make lawyers obsolete? Look, this chatbot just passed the bar exam! Wait a minute—is this thing. . . sentient?
Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response, Alexander Mackay, Samuel Weinstein
Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response, Alexander Mackay, Samuel Weinstein
Articles
Pricing algorithms are rapidly transforming markets, from ride-sharing, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate explicit and tacit collusion. This Article argues that the policy challenges pricing algorithms pose are far broader than collusive conduct. It demonstrates that algorithmic pricing can lead to higher prices for consumers in competitive markets and even in the absence of collusion. This consumer harm can be initiated by a single firm employing a superior pricing algorithm. Higher prices arise from …
Digitial Art & Blockchain Spring Symposium, Cardozo Arts & Entertainment Law Journal, Cardozo Intellectual Property And Information Law Program, Cardozo Fame Center
Digitial Art & Blockchain Spring Symposium, Cardozo Arts & Entertainment Law Journal, Cardozo Intellectual Property And Information Law Program, Cardozo Fame Center
Flyers 2018-2019
No abstract provided.
Software Components Of Digital Health Innovations Raise Unique Questions For Standard University Technology Licenses, Rachel Landy
Software Components Of Digital Health Innovations Raise Unique Questions For Standard University Technology Licenses, Rachel Landy
Online Publications
Imagine you have spent your graduate school years toiling away in a university research lab developing a groundbreaking digital health innovation. You and another lab worker are convinced that your latest discovery, a smart medical device with embedded software that connects to a mobile app, will forever change diagnostics. Having developed a prototype, including the embedded software and mobile app, you decide to form a company to commercialize the product. You have heard that the university will likely take ownership over all of your intellectual property rights (you do vaguely recall seeing something to that effect in the paperwork you …
Where It All Started - Big Things Have Small Beginnings: A Discussion About Legal Tech And Entrepreneurship, Cardozo Startup Society
Where It All Started - Big Things Have Small Beginnings: A Discussion About Legal Tech And Entrepreneurship, Cardozo Startup Society
Flyers 2016-2017
No abstract provided.
Fashion's Function In Intellectual Property Law, Christopher Buccafusco, Jeanne C. Fromer
Fashion's Function In Intellectual Property Law, Christopher Buccafusco, Jeanne C. Fromer
Articles
Clothing designs can be beautiful. But they are also functional. Fashion’s dual nature sits uneasily in intellectual property law, and its treatment by copyright, trademark, and design patent laws has often been perplexing. Much of this difficulty arises from an unclear understanding of the nature of functionality in fashion design. This Article proposes a robust account of fashion’s function. It argues that aspects of garment designs are functional not only when they affect the physical or technological performance of a garment but also when they affect the perception of the wearer’s body. Generally, clothes are not designed or chosen simply …
Innovation, The State And Private Enterprise: A Corporate Lawyer's Perspective, Charles M. Yablon
Innovation, The State And Private Enterprise: A Corporate Lawyer's Perspective, Charles M. Yablon
Articles
This is a review essay based on an important recent book, The Entrepreneurial State: Debunking Public vs. Private Sector Myths, by Mariana Mazzucato, a Professor of the Economics of Innovation. In that book, Professor Mazzucato explains how the U.S. Government, acting as an “entrepreneurial state” has made the critical investments in technologies that have given rise to multi-billion dollar new industries. Mazzucato argues that only the State currently has the funds and incentives necessary to finance the earliest and most important phases of the innovation process, investments the private sector cannot and will not make. Mazzucato’s defense of the centrality …
Technology, Gender And Fashion, Jeanne L. Schroeder
2015 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
2015 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
Cardozo Life
Table of Contents:
Top News & Events, page 3
Clinics News, page 8
Faculty Briefs, page 10
New Dean, New Era, page 14
Creative Enterprise, page 18
Tech Talks, page 26
Helping Clients: Clinics in Action, page 30
Student Briefs, page 34
Movers & Shakers, page 36
Alumni News & Class Notes, page 37
Advancement News, page 44
In Memoriam, page 47
End Note, page 48
2013 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
2013 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
Cardozo Life
Table of Contents:
Campus News, page 3
Clinics News, page 16
Faculty Briefs, page 18
Felix Wu, page 22
Booting Up, page 24
Michel Rosenfeld, page 36
Legal Style, page 40
Our New York, page 44
Peter Markowitz, page 46
Alumni News & Class Notes, page 58
Floyd Abrams, page 68
Technology As A Driver Within Agencies - The Internet Change Everything, Michael Herz
Technology As A Driver Within Agencies - The Internet Change Everything, Michael Herz
Articles
No abstract provided.
Satellite Transponders And Free Expression, Monroe Price
Satellite Transponders And Free Expression, Monroe Price
Articles
No abstract provided.
The Newness Of New Technology, Monroe E. Price
2000 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law
2000 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law
Cardozo Life
Table of Contents:
Around Campus, page 3
Faculty Briefs, page 16
An Interview with Associate Justice Sandra Day O’Connor, page 21
Did Elgin Cheat at Marbles?, page 25
Dream Field: Intellectual Property and New Media, page 31
Gift Planning: A Solution for Your Clients, page 36
Alumni News & Notes, page 38
Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price
Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price
Articles
No abstract provided.
Moving Into Management From The Outside, Lynn Wishart
Moving Into Management From The Outside, Lynn Wishart
Library Staff Articles
When accepting a promotion from outside the organization, the new manager must understand what is being given up and left behind, and must also realize clearly what expectations the new library holds. In the new position, the outside manager must articulate goals and find common ground with supervisors and subordinates. The take-charge period should be used for judicious decision making and intense learning.
Antitrust Issues In The New Video Media, Monroe E. Price, Mark S. Nadel
Antitrust Issues In The New Video Media, Monroe E. Price, Mark S. Nadel
Articles
No abstract provided.