Law Commons^™

Podcasting And Copyright: The Impact Of Regulation On New Communication Technologies, Edward L. Carter, Scott Lunt

Santa Clara High Technology Law Journal

No abstract provided.

Calibrating Patent Lifetimes, Eric E. Johnson

Santa Clara High Technology Law Journal

No abstract provided.

Territorial Impact Factors: An Argument For Determining Patent Infringement Based Upon Impact On The U.S. Market, Elizabeth M. N. Morris

Santa Clara High Technology Law Journal

No abstract provided.

Geographical Indications Of Origin: Should They Be Protected And Why? An Analysis Of The Issue From The U.S. And Eu Perspectives, Lina Monten

Santa Clara High Technology Law Journal

No abstract provided.

The Right Of Integrity In Software: An Economic Analysis, Yonatan Even

Santa Clara High Technology Law Journal

No abstract provided.

The Intent Element Of Induced Infringement, Timothy R. Holbrook

Santa Clara High Technology Law Journal

No abstract provided.

Common-Sense (Federal) Common Law Adrift In A Statutory Sea, Or Why Grokster Was A Unanimous Decision, Jay R. Dratler

Santa Clara High Technology Law Journal

No abstract provided.

A Brief History Of Indirect Liability For Patent Infringement, Charles W. Adams

Santa Clara High Technology Law Journal

No abstract provided.

Secondary Liability For Trade Secret Misappropriation: A Comment, Robert G. Bone

Santa Clara High Technology Law Journal

No abstract provided.

Rebalancing Section 512 To Protect Fair Users From Herds Of Mice - Trampling Elephants, Or A Little Due Process Is Not Such A Dangerous Thing, Malla Pollack

Santa Clara High Technology Law Journal

No abstract provided.

Importing Kazaa - Exporting Grokster, Graeme W. Austin

Santa Clara High Technology Law Journal

No abstract provided.

The Negligent Enablement Of Trade Secret Misappropriation, Michael L. Rustad

Santa Clara High Technology Law Journal

No abstract provided.

Efficient Process Or Chilling Effects - Takedown Notices Under Section 512 Of The Digital Millennium Copyright Act, Jennifer M. Urban, Laura Quilter

Santa Clara High Technology Law Journal

No abstract provided.

Lost In Translation - Data Mining, National Security And The Adverse Inference Problem, Anita Ramasastry

Santa Clara High Technology Law Journal

No abstract provided.

Rfid And Other Embedded Technologies Who Owns The Data, Lars S. Smith

Santa Clara High Technology Law Journal

No abstract provided.

Liability Of Computer Maintenance Providers Under Copyright Law: Storage Tech. Corp. V. Custom Hardware Eng'g & Consulting, Inc., Dean L. Franklin, Timothy D. Krieger

Santa Clara High Technology Law Journal

No abstract provided.

Sotelo V. Directrevenue, Llc: Paving The Way For Spyware-Free Internet, Julie Anderson, David Fish

Santa Clara High Technology Law Journal

No abstract provided.

Genetic Databases And Biobanks: Who Controls Our Genetic Privacy, Yael Bregman-Eschet

Santa Clara High Technology Law Journal

No abstract provided.

Representative Patent Claims: Their Use In Appeals To The Board And In Infringement Litigation, Patricia E. Campbell

Santa Clara High Technology Law Journal

No abstract provided.

Hiding From The Boss Online: The Anti-Employer Blogger's Legal Quest For Anonymity, Konrad S. Lee

Santa Clara High Technology Law Journal

No abstract provided.

Joint Infringement Of Patent Claims: Advice For Patentees, Sriranga Veeraraghavan

Santa Clara High Technology Law Journal

No abstract provided.

Regulatory Status Of Voip In The Post-Brand X World, Jerry Ellig, Alastair Walling

Santa Clara High Technology Law Journal

No abstract provided.

Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield

Articles

On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how Bybee could arrive at a conclusion that is fundamentally at odds with both our national moral spirit and our law. In doing so, it cautions American lawyers to recognize the difference between what is "legal" and what is "arguably legal, " and to be aware of their own extra-legal biases when interpreting the law.

Ignore The Rumors—Campaigning From The Pulpit Is Okay: Thinking Past The Symbolism Of Section 501(C)(3), Michael Hatfield

Articles

This Article is enough to ruin many Thanksgiving family dinners. It is about American religion, politics, and taxes. Mostly it is about taxes. As I will explain, this is what sets it apart from the contemporary legal scholarship exploring the campaign restrictions on tax exempt churches. This Introduction identifies the problem addressed in the article, then introduces the contemporary legal scholarship and the alternative approach this article takes.

Part I of this Article introduces the reader to the legal context of "the problem" of churches being unable to campaign if they choose to be Tax Exempt under Section 501 (c) …

Indian Water Rights And The Federal Trust Responsibility, Robert T. Anderson

Articles

Although federal policy shifted from assimilation to pro-tribal positions, the federal courts have quite consistently supported Indian reserved water rights. Indian water rights, however, were neglected by Congress in favor of non-Indian agricultural development in the arid West. Modem litigation over tribal rights takes place primarily in state courts that are tempted to interpret the few U.S. Supreme Court cases in ways that protect existing non-Indian uses over senior tribal water rights. Modern Indian water rights settlements tend to protect existing non- Indian uses while providing substantial benefits for tribes, but in a haphazard manner. This article examines the history …

Indian Water Rights: Litigation And Settlements, Robert T. Anderson

Articles

This article provides a brief overview of the law of Indian and federal reserved water rights and continues with an examination of the Snake River Water Rights Act. The Act serves as a vehicle for discussion of what is right and what is wrong with the current Indian water rights settlement process. Finally, the article suggests that the Administration modify the portion of its criteria and procedures for Indian water settlements dealing with federal financial contributions. These criteria and procedures need to more accurately reflect the realities of past settlements and promote more successes like the Snake River Water Rights …

Biotechnology Entrepreneurship And Ethics: Principles, Paradigms, And Products, Patricia C. Kuszler

Articles

Biotechnology, whether in the context of new drugs derived from DNA and genetic technology, genetically modified food, or biologics making use of living cells, raises ethical concerns at a variety of different levels. At the research level, there is concern that the very nature of research is being subverted, rather than enhanced, by entrepreneurship. This area of ethical concern has intensified in the United States as a result of the conflicts of interests resulting from the growing alliance between University academia and private industry in the research enterprise. As we travel down the research path into development of a drug …

Syringes In The Sea: Why Federal Regulation Of Medical Waste Is Long Overdue, Chryssa V. Deliganis, Steve P. Calandrillo

Articles

Medical waste is produced everywhere that people live and by almost everyone at some point in their lives. Its treatment and disposal implicates the environment, public health, the economy, human dignity, and aesthetics. With the many issues involved, the need for federal regulation of medical waste today is manifest.

This Article examines the problem of medical waste disposal and evaluates the current state-based approach to regulation. Although many states have implemented stringent medical waste programs with some success, the absence of direct federal regulation in this area is problematic. The need for national leadership is clear, especially with respect to …

Diverging Perspectives On Electronic Contracting In The U.S. And Eu, Jane K. Winn, Brian H. Bix

Articles

The focus of this Article is the interrelated set of issues that have arisen, on one hand, from Internet transactions regarding the downloading of free or purchased software, as well as other Internet sales, and on the other hand, the distinctive transactional problems that modern business practices have created under the rubric of "shrink-wrap" or "terms in the box"—a late presentation of terms associated with the sale of computers or the licensing of software (with the terms included in the packaging, rather than presented to the user ahead of time)—but not necessarily confined to those transactions.

Such transactions raise novel …

The Impact Of Eu Unfair Contract Terms Law On U.S. Business-To-Consumer Internet Merchants, Jane K. Winn, Mark Webber

Articles

This article focuses on the application of European Union unfair contract terms law to retail Internet transactions that U.S. businesses might engage in with European consumers. It compares attitudes toward consumer protection regulation in the U.S. and the EU to provide some context within which the specific provisions of unfair contract terms law can be understood.

While many lawyers and legal academics in the U.S. who study the development of online markets are aware of the profound differences in U.S. and EU information privacy laws, the magnitude of the divergence in consumer electronic contracting law is not as widely recognized. …