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Articles 1 - 30 of 33
Full-Text Articles in Law
Privacy 3.0-The Principle Of Proportionality, Andrew B. Serwin
Privacy 3.0-The Principle Of Proportionality, Andrew B. Serwin
University of Michigan Journal of Law Reform
Individual concern over privacy has existed as long as humans have said or done things they do not wish others to know about. In their groundbreaking law review article The Right to Privacy, Warren and Brandeis posited that the common law should protect an individual's right to privacy under a right formulated as the right to be let alone-Privacy 1.0. As technology advanced and societal values also changed, a belief surfaced that the Warren and Brandeis formulation did not provide sufficient structure for the development of privacy laws. As such, a second theoretical construct of privacy, Privacy 2.0 as …
Coding Privacy, Lilian Edwards
Coding Privacy, Lilian Edwards
Chicago-Kent Law Review
Lawrence Lessig famously and usefully argues that cyberspace is regulated not just by law but also by norms, markets and architecture or "code." His insightful work might also lead the unwary to conclude, however, that code is inherently anti-privacy, and thus that an increasingly digital world must therefore also be increasingly devoid of privacy. This paper argues briefly that since technology is a neutral tool, code can be designed as much to fight for privacy as against it, and that what matters now is to look at what incentivizes the creation of pro- rather than anti-privacy code in the mainstream …
Wireless Net Neutrality Regulation And The Problem With Pricing: An Empirical, Cautionary Tale, Babette E.L. Boliek
Wireless Net Neutrality Regulation And The Problem With Pricing: An Empirical, Cautionary Tale, Babette E.L. Boliek
Michigan Telecommunications & Technology Law Review
I present here a unique empirical analysis of the consumer welfare benefits of prior regulation in the mobile telecommunications industry. In particular, I analyze the relative consumer benefits of state rate regulation and federal entry regulation. The institution of filing requirements and FTC review and approval of various consumer pricing regimes is highly analogous to the consumer price controls imposed by various state level public utility commissions in the past. Furthermore, the imposition of a zero-price rule is analogous to past rate regulation; in particular it is similar to past wholesale regulation with its underlying principles of open access and …
Legislation For Effective Self-Regulation: A New Approach To Protecting Personal Privacy On The Internet, Richard M. Marsh Jr.
Legislation For Effective Self-Regulation: A New Approach To Protecting Personal Privacy On The Internet, Richard M. Marsh Jr.
Michigan Telecommunications & Technology Law Review
How can we best reap the benefits of online profiling while avoiding the privacy pitfalls plaguing the e-commerce community? Experts advocate legislation, civil litigation, or self-regulation to provide the ideal solution. Analyzing these proposals reveals a conflict between two basic principles: the need to preserve personal privacy and the desire to foster a thriving Internet-based industry. This Note argues that each approach tends to favor one principle at the expense of the other. This Note also proposes a new solution which creates incentives for effective self-regulation backed with legal enforcement. This scheme strikes an appropriate balance between privacy and e-commerce …
Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin
Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
"False But Highly Persuasive": How Wrong Were The Probability Estimates In Mcdaniel V. Brown?, David H. Kaye
"False But Highly Persuasive": How Wrong Were The Probability Estimates In Mcdaniel V. Brown?, David H. Kaye
Michigan Law Review First Impressions
In McDaniel v. Brown, the Supreme Court will review the use of DNA evidence in a 1994 trial for sexual assault and attempted murder. The Court granted certiorari to consider two procedural issues—the standard of federal postconviction review of a state jury verdict for sufficiency of the evidence, and the district court's decision to allow the prisoner to supplement the record of trials, appeals, and state postconviction proceedings with a geneticist's letter twelve years after the trial. The letter from Laurence Mueller, a professor at the University of California at Irvine, identified two obvious mistakes in the state's expert testimony. …
Working Toward Spontaneous Copyright Licensing: A Simple Solution For A Complex Problem, Tanya M. Woods
Working Toward Spontaneous Copyright Licensing: A Simple Solution For A Complex Problem, Tanya M. Woods
Vanderbilt Journal of Entertainment & Technology Law
As the web evolves, so too are discussions on how to manage the rights of copyright owners online. Finding a solution that is balanced and that accounts for the international nature of the Internet is essential. While many have attempted to craft such a solution, a model that accommodates the spontaneity of copyright content users and that recognizes the multi-territorial nature of the Internet has yet to materialize. For this reason, this Article formulates a macro-level conceptual approach to building a practical copyright licensing model that could generate spontaneous digital copyright licenses to accommodate the creative impulses of web users …
Notes On A Geography Of Knowledge, Michael J. Madison
Notes On A Geography Of Knowledge, Michael J. Madison
Fordham Law Review
No abstract provided.
Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter
Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter
Fordham Law Review
No abstract provided.
Small Is The New Biglaw: Some Thoughts On Technology, Economics, And The Practice Of Law, Glenn Harlan Reynolds
Small Is The New Biglaw: Some Thoughts On Technology, Economics, And The Practice Of Law, Glenn Harlan Reynolds
Hofstra Law Review
This paper looks at technological and economic changes affecting lawyers, and their effect on the competitiveness of large law firms. It explores methods of unbundling big law firm features, and providing similar services on a more ad hoc basis. In addition, it considers whether current legal education is properly preparing students for a world in which large law firms will be much less dominant. Based on a talk given at Hofstra Law School in March of 2009.
Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween
Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson
Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Scary Patents, Stephen Mcjohn
Scary Patents, Stephen Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike
Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann
Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey
Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati
Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Reexamination And Improving Patent Quality, Roger Shang
Reexamination And Improving Patent Quality, Roger Shang
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill
In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley
Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue
Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer
Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Innovation And Liability For Contributory Copyright Infringement, David Mcgowan
Innovation And Liability For Contributory Copyright Infringement, David Mcgowan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek
The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur
The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard
A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Uneasy Lies The Head That Wears The Crown: Why Content's Kingdom Is Slipping Away, Jonathan Handel
Uneasy Lies The Head That Wears The Crown: Why Content's Kingdom Is Slipping Away, Jonathan Handel
Vanderbilt Journal of Entertainment & Technology Law
This Article examines the ongoing power struggle between the content industries (with a particular focus on Hollywood) and the technology industry. These two sectors are intertwined like never before, yet their fates seem wildly divergent, with content stumbling while distribution technology thrives.
The Article begins by illustrating that, even before the recession took hold, traditional paid content was in trouble, and that this was and is true across a range of distribution platforms and content types, including theatrical motion pictures, home video, network television, music, newspapers, books, and magazines. The Article next posits six reasons for content's discontent: supply and …
I Want The Opposite Of What You Want: Reducing Fixed-Pie Perceptions In Online Negotiations, Laura Klaming, Jelle Van Veenen, Ronald Leenes
I Want The Opposite Of What You Want: Reducing Fixed-Pie Perceptions In Online Negotiations, Laura Klaming, Jelle Van Veenen, Ronald Leenes
Journal of Dispute Resolution
Negotiators typically believe their opponents' interests are diametrically opposed to their own. The existence of these fixed-pie perceptions has been identified as a major cause of ineffective conflict resolution and seem to be relatively resistant to change. In contrast to what negotiators typically believe, most conflict situations contain potential for solutions that benefit both parties instead of favoring one party at the expense of the other. Integrative agreements can be reached if opposing negotiators realize that they might have different priorities.