Law Commons^™

Introducing A Takedown For Trade Secrets On The Internet, Elizabeth Rowe

Elizabeth A Rowe

This Article explores, for the first time, an existing void in trade-secret law. When a trade-secret owner discovers that its trade secrets have been posted on the Internet, there is currently no legislative mechanism by which the owner can request that the information be taken down. The only remedy to effectuate removal of the material is to obtain a court order, usually either a temporary restraining order or a preliminary injunction. When a trade secret appears on the Internet, the owner often loses the ability to continue to claim it as a trade secret and to prevent others from using …

Friends, Associates And Associations: Theoretically And Empirically Grounding The Freedom Of Association, Tabatha Abu El-Haj

Tabatha Abu El-Haj

This Article argues that while the freedom of association is back at the center of the First Amendment, it suffers from the fact that it has been both theoretically and doctrinally subsumed by the freedom of speech. The First Amendment’s self-governance interest is necessarily broader than an interest in political debate and a vibrant marketplace of political ideas.

Association and associations enable the political participation that can turn ideas and debate into the action required to create democratic accountability. Free association doctrine is, therefore, uniquely positioned to promote representative government by protecting conditions necessary for an active citizenry.

A reoriented …