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Articles 1 - 30 of 91
Full-Text Articles in Law
The Evolution Of The Us Drm Debate, 1987-2006, Bill D. Herman
The Evolution Of The Us Drm Debate, 1987-2006, Bill D. Herman
Bill D. Herman
Scholars who discuss copyright often observe that the voices for stronger copyright have more financial and political capital than their opponents and thus tend to win in Congress. While the playing field is still quite slanted toward stronger copyright, the politics around the issue are much messier and less predictable. This study, a detailed political and legislative history of the major proposals regarding copyright and digital rights management from 1987 to 2006, illustrates how this policy dynamic has changed so drastically. In 1987, there was no organized opposition to copyright’s expansion. By 2006, however, there was a substantial coalition of …
What Does Cfaa Mean And Why Should I Care - A Primer On The Computer Fraud And Abuse Act For Civil Litigators, Shawn E. Tuma
What Does Cfaa Mean And Why Should I Care - A Primer On The Computer Fraud And Abuse Act For Civil Litigators, Shawn E. Tuma
South Carolina Law Review
No abstract provided.
Electronic Discovery: A Survey Of E-Discovery, Its Effect On Corporate Constitutional Rights And Why Corporations May Receive The Fifth Amendment Privilege Against Self-Incrimination During Parallel Civil And Criminal Litigation, Percy Arnell King
Percy Arnell King Esq.
Advancing technology has created more places to seek out relevant information than ever before which, has created a burden for corporations tasked with retaining this information to comply with applicable laws and the prospect of civil or criminal litigation. This article explores how the modern trend of storing information electronically and subsequent electronic discovery allowed in parallel civil and criminal trials is inherently unfair to corporations. Furthermore, corporations have been granted several rights derived from the Bill of Rights, and should also receive the Fifth Amendment privilege against self-incrimination.
New Frontiers Of Reprogenetics: Snp Profile Collection And Banking And The Resulting Duties In Medical Malpractice, Issues In Property Rights Of Genetic Materials, And Liabilities In Genetic Privacy., Stephanie Sgambati
Stephanie Sgambati
ABSTRACT
Single nucleotide polymorphisms (SNPs) represent the portions of our genetic makeup where human differ from each other. Mapping an individual’s profile creates a DNA fingerprint entirely unique to that individual. The primary purpose for the creation of SNP profiles has been validation of medical techniques used in reproductive medicine that require researchers to be able to definitively determine which embryo makes which baby- thus matching DNA fingerprints from infants to those from embryos. In spite of this seemingly narrow use, the potential value of the information contained in the SNP profile is enormous.
In this paper, I explore how …
Association Of Molecular Pathology Meets Therasense: Analyzing The Unenforceability Of Isolated-Sequence-Related Patents For Upenn, Columbia, Nyu, Yale, And Emory, Sam S. Han Ph.D.
Association Of Molecular Pathology Meets Therasense: Analyzing The Unenforceability Of Isolated-Sequence-Related Patents For Upenn, Columbia, Nyu, Yale, And Emory, Sam S. Han Ph.D.
Sam Han
37 CFR 1.56 requires disclosure of material information to the United States Patent and Trademark Office ("USPTO" or "PTO") when applying for a patent. This duty is imposed on (1) each inventor; (2) each attorney or agent who prepares or prosecutes the application; and (3) every other person who is substantively involved in the preparation or prosecution of the application and who is associated with the inventor, with the assignee or with anyone to whom there is an obligation to assign the application. Thus, for academic institutions, those who handle patent prosecution for the institution are bound by this duty …
Checking The Staats: How Long Is Too Long To Give Adequate Public Notice In Broadening Reissue Patent Applications?, David M. Longo
Checking The Staats: How Long Is Too Long To Give Adequate Public Notice In Broadening Reissue Patent Applications?, David M. Longo
David M. Longo
No abstract provided.
Milking It: Reconsidering The Fda’S Refusal To Require Labeling Of Dairy Products Produced From Rbst Treated Cows In Light Of International Dairy Foods Association V. Boggs, Laurie J. Beyranevand
Milking It: Reconsidering The Fda’S Refusal To Require Labeling Of Dairy Products Produced From Rbst Treated Cows In Light Of International Dairy Foods Association V. Boggs, Laurie J. Beyranevand
Laurie J Beyranevand
The Sixth Circuit Court of Appeals’ recent decision in International Dairy Foods Association v. Boggs, while ultimately resulting in regulation pertaining to milk labeling that is similar to regulations in other states, provides a useful framework for challenging the Food and Drug Administration (FDA)’s contention that it lacks the authority to mandate labeling of milk from cattle that have been treated with the hormone rBST. The court in Boggs found that a compositional difference exists between milk from cows treated with the hormone and those that were not, which could be considered a material fact mandating labeling under the Food, …
The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song
The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song
Carrie Leonetti
There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.
The Article …
The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song
The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song
Carrie Leonetti
There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.
The Article …
The Right To Learn: Intellectual Honesty And The First Amendment, Jeffrey M. Cohen
The Right To Learn: Intellectual Honesty And The First Amendment, Jeffrey M. Cohen
Jeffrey M. Cohen
Science education is one of the most hotly contested issues in public debate. Even after decades of jurisprudence and scholarly analysis, politicians still ignite public passions by suggesting that creationism or intelligent design theory be taught alongside of evolution in public school science classrooms. Despite political rhetoric, the Establishment Clause has been steadfastly used to prevent religion masquerading as science from entering the science classroom. However, public officials have launched attacks recently on other scientific theories, such as climate change, that are not religiously motivated. Students are left in these instances without resort to the Establishment Clause and are potentially …
Coding For Life--Should Any Entity Have The Exclusive Right To Use And Sell Isolated Dna, Douglas L. Rogers
Coding For Life--Should Any Entity Have The Exclusive Right To Use And Sell Isolated Dna, Douglas L. Rogers
Douglas L. Rogers
Myriad Genetics, Inc. ("Myriad") obtained patents in the 1990's on two "isolated" human breast and ovarian cancer susceptibility genes ("BRCA"). Myriad did not list all the isolated sequences it claims to have a right to monopolize, but instead claims a patent on the physical phenomena itself -- all DNA segments that code for the BRCA1 polypeptide, even the sequences Myriad has not identified and even someone else in the future creates or isolates the sequences through a method or methods not contemplated by Myriad.
An impressive array of non-profit medical societies, doctors and patients sued to have the Myriad patents …
Novel "Neutrality" Claims Against Internet Platforms: A Reasonable Framework For Initial Scrutiny, Jeffrey Jarosch
Novel "Neutrality" Claims Against Internet Platforms: A Reasonable Framework For Initial Scrutiny, Jeffrey Jarosch
Jeffrey Jarosch
This Article examines a recent trend in which the Federal Trade Commission and other enforcement agencies investigate internet platforms for behavior that is insufficiently “neutral” towards users or third parties that interact with the platform. For example, Google faces a formal FTC investigation based on allegations that it has tinkered with search results rather than presenting users with a “neutral” result. Twitter, too, faces a formal investigation after the social media service restricted the ways in which third party developers could interact with Twitter through its application programming interface (API). These investigations represent a new attempt to shift the network …
The Execution Of Cameron Todd Willingham: Junk Science, An Innocent Man, And The Politics Of Death, Paul C. Giannelli
The Execution Of Cameron Todd Willingham: Junk Science, An Innocent Man, And The Politics Of Death, Paul C. Giannelli
Paul C. Giannelli
Cameron Todd Willingham was tried and executed for the arson deaths of his three little girls. The expert testimony offered against him to establish arson was junk science. The case has since become infamous, the subject of an award-winning New Yorker article, numerous newspaper accounts, and several television shows. It also became enmeshed in the death penalty debate and the reelection of Texas Governor Rick Perry, who refused to grant a stay of execution after a noted arson expert submitted a report debunking the “science” offered at Willingham’s trial. The governor has since attempted to derail an investigation by the …
Did Learned Hand Get It Wrong?: The Questionable Patent Forfeiture Rule Of Metallizing Engineering Co. V. Kenyon Bearing & Auto Parts Co., Dmitry Karshtedt
Did Learned Hand Get It Wrong?: The Questionable Patent Forfeiture Rule Of Metallizing Engineering Co. V. Kenyon Bearing & Auto Parts Co., Dmitry Karshtedt
Dmitry Karshtedt
As Congress stands on the verge of passing patent reform legislation that will grant patent priority to those who are first to file rather than first to invent, an old chestnut of a case penned by Judge Learned Hand some 65 years ago has attracted the attention of lawmakers and commentators. The case of Metallizing Engineering Co. v. Kenyon Bearing & Auto Parts Co. dealt with the thorny problem of granting patents those who have, for some time before patenting, practiced their inventions in secret. The Second Circuit held that one who competitively exploits a secret invention at a time …
Vernor V. Autodesk: Power To The...Producers?!, Elizabeth F. Wilhelm
Vernor V. Autodesk: Power To The...Producers?!, Elizabeth F. Wilhelm
Elizabeth F. Wilhelm
Vernor v. Autodesk, a recent case from the Ninth Circuit, threatens the very core of the first sale doctrine. Vernor radically alters the test for determining whether a transfer of a physical copy of copyrighted material is a sale or a license for the purposes of the first sale doctrine. The new test makes a transfer much more likely to be a license than a sale, possibly extending copyright protection beyond what is called for in the Copyright Act and extending the use of licensing in more media than just computer software. Many resale industries face the peril of widespread …
Res Or Rules? Patents And The (Uncertain) Rules Of The Game, Emily Michiko Morris
Res Or Rules? Patents And The (Uncertain) Rules Of The Game, Emily Michiko Morris
Emily Michiko Morris
RES OR RULES? PATENTS AND THE (UNCERTAIN) RULES OF THE GAME
Emily Michiko Morris
ABSTRACT
The stakes at play in modern-day patent infringement suits can be worth hundreds of millions of dollars. Just take a look at the $612.5 million that Research In Motion, Ltd., paid to settle NTP, Inc.’s patent infringement suit against it. How could RIM have made such an expensive mistake? After all, patents are public records, so ideally patent infringers should simply do their homework and avoid such massive liability. In reality there are a multitude of reasons why some technology companies find themselves infringing others’ …
Electromagnetic Pulse And The U.S. Food Security Paradigm: Assumptions, Risks, And Recommendations, Maximilian Leeds
Electromagnetic Pulse And The U.S. Food Security Paradigm: Assumptions, Risks, And Recommendations, Maximilian Leeds
Maximilian Leeds
This paper analyzes the systemic dangers posed to the U.S. economy by an electromagnetic pulse (EMP), either naturally occurring or maliciously generated, from a food security perspective. Section I examines the modern structure of the U.S. food supply chain, analyzing the just-in-time international distribution model and criticizing it as vulnerable to systemic shock and cascade failure. Section II examines the function and history of the electromagnetic pulse, assesses its potential to serve as a catalyst for systemic breakdown in the domestic food supply chain, and explores the current state of food security planning in the United States pertaining to this …
Cyberlaw 2.0, Jacqueline Lipton
Cyberlaw 2.0, Jacqueline Lipton
Jacqueline D Lipton
In the early days of the Internet, Judge Frank Easterbrook famously dismissed the idea of an emerging field of cyberspace law as akin to a “law of the horse”— a pastiche of unrelated legal principles tied together only by virtue of applying to the Internet, having no unifying principles that would teach us anything meaningful. This article revisits Easterbrook’s assertions with the benefit of hindsight. It suggests that subsequent case law and legislative developments in fact do support a distinct cyberlaw field. It introduces the novel argument that cyberlaw is a global “law of the intermediated information exchange.” In other …
Mixed Reality: How The Laws Of Virtual Worlds Govern Everyday Life, Joshua A.T. Fairfield
Mixed Reality: How The Laws Of Virtual Worlds Govern Everyday Life, Joshua A.T. Fairfield
Joshua A.T. Fairfield
Just as the Internet linked human knowledge through the simple mechanism of the hyperlink, now reality itself is being hyperlinked, indexed, and augmented with virtual experiences. Imagine being able to check the background of your next date through your cell phone, or experience a hidden world of trolls and goblins while you are out strolling in the park. This is the exploding technology of Mixed Reality, which augments real places, people and things with rich virtual experiences. As virtual and real worlds converge, the law that governs virtual experiences will increasingly come to govern everyday life. The problem is that …
Triggering Infection: Distribution And Derivative Works Under The Gnu General Public License, Theresa Gue
Triggering Infection: Distribution And Derivative Works Under The Gnu General Public License, Theresa Gue
Theresa Gue
Imagine that Microsoft discovers that its profitable program, Microsoft Word, contains lines of code borrowed from an open-source software program. Further imagine that as a result of this oversight, all users of Microsoft Word now have a license to freely distribute, reproduce, and modify Word, and Microsoft is required to provide the source code to users in order to facilitate such actions. This is the exact scenario envisioned and feared by many corporations today. It is also the reason why the GNU General Public License (“GPL”), the most popular open-source license in the world, is also the most feared. The …
“Bull” Coming From The States: Why The U.S. Supreme Court Should Use Williams V. Illinois To Close One Of Bullcoming’S Confrontation Clause Loopholes, Tara Klimek Price
“Bull” Coming From The States: Why The U.S. Supreme Court Should Use Williams V. Illinois To Close One Of Bullcoming’S Confrontation Clause Loopholes, Tara Klimek Price
Tara Price
Imagine that you are selected as a juror in a trial where the defendant is accused of driving while under the influence of alcohol. You listen to the police officer who testifies that he observed the defendant and believed him to be intoxicated. You hear about how after obtaining a warrant, the officer took the defendant to the emergency room for a blood-alcohol test. The police officer finishes his testimony, and the next witness will testify about the results of the defendant’s blood-alcohol test.
But before the witness can testify, defense counsel objects. Apparently, this is not the laboratory analyst …
Anticompetitive Product Design In The New Economy, John M. Newman
Anticompetitive Product Design In The New Economy, John M. Newman
John M. Newman
Claims alleging anticompetitive product design and redesign lie at the very core of one of antitrust law’s most challenging dilemmas: the intersection between innovation and regulation, invention and intervention. For over three decades, courts and scholars have struggled to determine the proper analytical framework within which to address such cases. Meanwhile, the very industries in which challenged conduct occurs have been undergoing fundamental changes.
As demonstrated by the ongoing and recent antitrust litigation involving high-technology firms Apple, Intel, and Microsoft, distinctive features characterize most product markets in what has been called the “New Economy”—and increasingly has become simply “the economy.” …
The Prospects For Protecting News Content Under The Digital Millennium Copyright Act, Priya Barnes
The Prospects For Protecting News Content Under The Digital Millennium Copyright Act, Priya Barnes
Priya Barnes
The DMCA was enacted to provide adequate legal safeguards against piracy so that content producers, such as music, software, movie and other media producers, would be incentivized to embrace the digital medium. The antitrafficking provision, in particular, imposes civil and criminal sanctions on technology manufacturers who offer the means to circumvent content producers’ digital access controls.
Since its enactment, the DMCA’s antitrafficking provisions have been invoked against hackers of digital music, movies and software. This article weighs the prospects for applying the antitrafficking provisions against news aggregators who access password protected digital news content for redistribution. It concludes that while …
Dicta On Adrenalin(E): Myriad Problems With Learned Hand's Product-Of-Nature Pronouncements In Parke-Davis V. Mulford, Jon M. Harkness
Dicta On Adrenalin(E): Myriad Problems With Learned Hand's Product-Of-Nature Pronouncements In Parke-Davis V. Mulford, Jon M. Harkness
Jon M. Harkness
Gene patents of the type at issue in the Myriad case that is likely headed to the U.S. Supreme Court in the near future are based on an exception to the general principle that patents should not be allowed on products of nature. This exception holds that isolated or purified products of nature can be patented if they have commercial utility. It is widely recognized that this exception can be traced to language from an opinion issued by Judge Learned Hand in a 1911 case, Parke-Davis v. Mulford, which involved a patent dispute over a therapeutically useful version of the …
Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew Taslitz
Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew Taslitz
Andrew E. Taslitz
The rise of computer technology, the internet, rapid news dissemination, multi-tasking, and social networking have wrought changes in human psychology that alter how we process news media. More specifically, news coverage of high-profile trials necessarily focuses on emotionally-overwrought, attention-grabbing information disseminated to a public having little ability to process that information critically. The public’s capacity for empathy is likewise reduced, making it harder for trial processes to overcome the unfair prejudice created by the high-profile trial. Market forces magnify these changes. Free speech concerns limit the ability of the law to alter media coverage directly, and the tools available to …
The Ftc’S Proposal For Regulating Ip Through Ssos Would Replace Private Coordination With Government Hold-Up, F. Scott Kieff, Richard Epstein, Daniel Spulber
The Ftc’S Proposal For Regulating Ip Through Ssos Would Replace Private Coordination With Government Hold-Up, F. Scott Kieff, Richard Epstein, Daniel Spulber
F. Scott Kieff
In its recent report entitled “The Evolving IP Marketplace,” the Federal Trade Commission (FTC) advances a far-reaching regulatory approach (Proposal) whose likely effect would be to distort the operation of the intellectual property (IP) marketplace in ways that will hamper the innovation and commercialization of new technologies. The gist of the FTC Proposal is to rely on highly non-standard and misguided definitions of economic terms of art such as “ex ante” and “hold-up,” while urging new inefficient rules for calculating damages for patent infringement. Stripped of the technicalities, the FTC Proposal would so reduce the costs of infringement by downstream …
Unblocked Future: Why Gene Patents Won’T Hinder Whole-Genome Sequencing And Personalized Medicine, W. Nicholson Price Ii
Unblocked Future: Why Gene Patents Won’T Hinder Whole-Genome Sequencing And Personalized Medicine, W. Nicholson Price Ii
W. Nicholson Price II
Whole-genome sequencing has been hailed as the crucial next step in personalized medicine. It has also been described as likely violating hundreds if not thousands of pre-existing patents on individual genes. These claims of patent infringement, however, are usually made without detailed analysis. Instead of stating that infringement definitely occurs, or in what circumstances, the discussion of whole-genome sequencing mentions that some claims may be typically infringed, but some may be invalid, and leaves the matter there. This paper seeks to provide a detailed analysis of the ways that whole-genome sequencing may infringe extant gene patents, focusing on the common …
A Generation Of Software Patents, James Bessen
A Generation Of Software Patents, James Bessen
James Bessen
This study examines changes in the patenting behavior of the software industry since the 1990s. It finds that most software firms still do not patent, most software patents are obtained by a few large firms in the software industry or in other industries, and the risk of litigation from software patents continues to increase dramatically. Given these findings, it is hard to conclude that software patents have provided a net social benefit in the software industry.
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
Working Paper Series
This is the introductory chapter of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate, 2011), explaining that the book presents examples of how literary accounts can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, I focus on stories that explore the relationship between law and science, and identify cultural images of science that prevail in legal contexts. In contrast to other studies on the transfer and construction of expertise in legal settings, the book considers the intersection of three interdisciplinary projects-- law and …
Does Legalzoom Have First Amendment Rights? Some Thoughts About Freedom Of Speech And The Unauthorized Practice Of Law, Catherine J. Lanctot
Does Legalzoom Have First Amendment Rights? Some Thoughts About Freedom Of Speech And The Unauthorized Practice Of Law, Catherine J. Lanctot
Working Paper Series
At a time of economic dislocation in the legal profession, it is likely that bar regulators will turn their attention to pursuing lay entities that appear to be engaged in the unauthorized practice of law. One prominent target of these efforts is LegalZoom, an online document preparer that has come under increasing pressure from the organized bar for its marketing and sale of basic legal documents. As regulatory pressure against LegalZoom and similar companies continues to mount, it is worth considering whether there may be unanticipated consequences from pursuing these unauthorized practice claims. In several well-known instances, lay people have …