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Articles 121 - 148 of 148
Full-Text Articles in Law
Mass File Sharing Lawsuits: Legalized Extortion Or Valid Defense Of Copyright, Tyler Tassone
Mass File Sharing Lawsuits: Legalized Extortion Or Valid Defense Of Copyright, Tyler Tassone
Journal of Law, Technology, & the Internet
No abstract provided.
The Parable Of The Non-Planting Entity And The Apple Tree: Understanding The Role Of Non-Practicing Entities, The, Mitch Kline
The Parable Of The Non-Planting Entity And The Apple Tree: Understanding The Role Of Non-Practicing Entities, The, Mitch Kline
Journal of Law, Technology, & the Internet
No abstract provided.
Do Robomemos Dream Of Electric Nouns?: A Search For The Soul Of Legal Writing, Ian Gallacher
Do Robomemos Dream Of Electric Nouns?: A Search For The Soul Of Legal Writing, Ian Gallacher
Journal of Law, Technology, & the Internet
No abstract provided.
Autonomous Cars And Tort Liability: Why The Market Will "Drive" Autonomous Cars Out Of The Marketplace, Kyle Colonna
Autonomous Cars And Tort Liability: Why The Market Will "Drive" Autonomous Cars Out Of The Marketplace, Kyle Colonna
Journal of Law, Technology, & the Internet
No abstract provided.
Drone Strikes On Citizens: Ensuring Due Process For U.S. Citizens Suspected Of Terrorism Abroad, Casey Fitzpatrick
Drone Strikes On Citizens: Ensuring Due Process For U.S. Citizens Suspected Of Terrorism Abroad, Casey Fitzpatrick
Journal of Law, Technology, & the Internet
No abstract provided.
Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague
Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague
Journal of Law, Technology, & the Internet
No abstract provided.
The Sound Of Silence: The Legality Of The American "Kill Switch" Bill, Deborah Beth Medows
The Sound Of Silence: The Legality Of The American "Kill Switch" Bill, Deborah Beth Medows
Journal of Law, Technology, & the Internet
No abstract provided.
Parol Metadata: New Biolerplate Merger Clauses And The Admissibility Of Metadata Under The Parol Evidence Rule, Thomas H. White
Parol Metadata: New Biolerplate Merger Clauses And The Admissibility Of Metadata Under The Parol Evidence Rule, Thomas H. White
Journal of Law, Technology, & the Internet
No abstract provided.
(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012), Svetlana Gitman
(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012), Svetlana Gitman
UIC Law Review
No abstract provided.
Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer
UIC Law Review
No abstract provided.
Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson
Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson
UIC Law Review
No abstract provided.
The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson
The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson
SMU Science and Technology Law Review
No abstract provided.
The Year In Video Game Law, W. Keith Robinson, Xuan-Thao Nguyen
The Year In Video Game Law, W. Keith Robinson, Xuan-Thao Nguyen
SMU Science and Technology Law Review
No abstract provided.
Welcoming Remarks, Joseph J. Norton
Welcoming Remarks, Joseph J. Norton
SMU Science and Technology Law Review
No abstract provided.
Eudemonic Intellectual Property: Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye
Eudemonic Intellectual Property: Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye
Vanderbilt Journal of Entertainment & Technology Law
The predominant justification for most intellectual property rights is the incentive theory or utilitarian rationale. Behind this justification lies the Western idea of progress and its derivatives: liberalism, capitalism, and consumerism. After having shown that the predominant justification for intellectual property rights is the incentive theory, which rests on the idea of progress, this Article traces back the history of the idea and shows its parochialism in both time and space. The Article next shows that the progress ideology rests on assumptions that are either wrong or impossible to prove and therefore propounds that it must be abandoned, or if …
Fda Enforcement Of Criminal Liability For Clinical Investigator Fraud, Vandya Swaminathan, Matthew Avery
Fda Enforcement Of Criminal Liability For Clinical Investigator Fraud, Vandya Swaminathan, Matthew Avery
UC Law Science and Technology Journal
Clinical investigator fraud is a very real problem, and falls squarely within FDA's mandate to protect the public health. The Eighth Circuit has held that under this mandate, FDA has the authority to impose affirmative duties to protect the public health by promulgating relevant regulations. FDA did promulgate such regulations, and the Eighth Circuit held that a failure to follow these regulations is a violation of section 355(i) of the FDCA. A violation of section 355(i) is considered a violation of section 331(e), and a violation of 331(e) can result in criminal sanctions under section 333(a). Thus, this tenuous chain …
Open Source And The Age Of Enforcement, Heather J. Meeker
Open Source And The Age Of Enforcement, Heather J. Meeker
UC Law Science and Technology Journal
The last five years have seen the first serious enforcement efforts by licensors of open source software, so we are truly at the dawning of the age of enforcement. But open source claims are not like other claims. Understanding the distinctions between open source software claims and other intellectual property claims is key to reacting to open source claims gracefully, effectively, and with a minimum of embarrassment and cost. This Article provides a survey of where we stand today and demonstrates how this area of law has developed. We will be soon nearing the point where catalogs of open source …
The Medicines Patent Pool: Promoting Access And Innovation For Life-Saving Medicines Through Voluntary Licenses, Krista L. Cox
The Medicines Patent Pool: Promoting Access And Innovation For Life-Saving Medicines Through Voluntary Licenses, Krista L. Cox
UC Law Science and Technology Journal
Monopolies over many life-saving drugs have led to high prices that remain out of reach for patients in the developing world, leading to a crisis of access over these essential medicines. High intellectual property barriers harm not only access to medicines, but can also impact future innovation. In order to address this problem, a proposal for a "patent pool" emerged that would rely on voluntary licenses by patent holders to enable the production of more affordable generic medicines. This article briefly describes the history of patent pools before focusing specifically on the UNITAID-supported Medicines Patent Pool. It analyzes the specific …
Indirect Exploitation Of Intellectual Property Rights By Corporations And Investors: Ip Privateering And Modern Letters Of Marque And Reprisal, Tom Ewing
UC Law Science and Technology Journal
Competitive pressures and rent-seeking behaviors have motivated companies and investors to develop indirect techniques for beneficially exploiting third-party intellectual property rights (IPRs) that qualitatively depart from the direct exploitation tools honed during the past thirty years of the pro-patent era. Among other things, companies have realized that they do not even need to own IPRs in order to consequently benefit from their exploitation. This phenomenon is labeled here "IP privateering" because of its similarities to an historic method of waging war on the high seas. This Article classifies IP privateering as a species of aggressive non-practicing entities (NPEs). The parameters …
Regulating The Cloud: A Comparative Analysis Of The Current And Proposed Privacy Frameworks In Canada And The European Union, David Krebs
Canadian Journal of Law and Technology
Cloud computing is a growing phenomenon and promises greater efficiency and reduced-cost computing. However, some of the basic technological and business-related features of the Cloud are at odds with personal data protection laws. Canada and the European Union share similar core values related to privacy/data protection, and both regions aim to increase their competitiveness regarding cloud computing. Having these two similarities in mind, this paper explores the current legal and stakeholder landscape in Canada and the European Union with respect to cloud computing, data protection and how adoption of the model can be advanced. The analysis shows that neither of …
In Defence Of A Defence - A Demonstrable Legitimate And Non-Infringing Purpose As A Full Defence To Anti-Circumvention Legislation, Andrew Yolles
In Defence Of A Defence - A Demonstrable Legitimate And Non-Infringing Purpose As A Full Defence To Anti-Circumvention Legislation, Andrew Yolles
Canadian Journal of Law and Technology
In this essay, I will argue that making a demonstrable lawful and non-infringing purpose a full defence to copyright infringement by circumvention of a TPM addresses many of the concerns raised by the currently proposed legislation, while avoiding the pitfalls of directly linking anti-circumvention laws with actual copyright infringement. As the ratification of the WIPO Internet treaties is the foremost concern for this legislation, I will begin with a discussion as to how this model can successfully implement the treaties’ anti-circumvention provisions where the Bill C-60 model may have failed. I will then explain why this model strikes a better …
Book Review: R.L. Campbell, Legal Issues In Electronic Commerce, Robert J. Currie
Book Review: R.L. Campbell, Legal Issues In Electronic Commerce, Robert J. Currie
Canadian Journal of Law and Technology
The juncture of “law and technology” from a legal education point of view is an interesting one. Successfully engaging with law and technology requires stu- dents (of all ages and stripes) to absorb at least some of the substance of many discrete areas of law, as well as to assess how technology creates nexuses between them and challenges some of their underlying notions. As electronic commerce increasingly becomes the bread and butter of many law practices, this need comes into sharper relief — one has to grasp a large variety of fundamentals and simultaneously generate some insight as to where …
Responding To Self-Produced Child Pornography: Examining Legislative Sucessesses And Shortcomings To Reach An Approppriate Solution, Shawn P. Barnes
Responding To Self-Produced Child Pornography: Examining Legislative Sucessesses And Shortcomings To Reach An Approppriate Solution, Shawn P. Barnes
Journal of Law, Technology, & the Internet
No abstract provided.
Becoming Positive About Being Carbon Neutral:Requiring Public Accountability Forinternet Companies, Alexandra L. Pichette
Becoming Positive About Being Carbon Neutral:Requiring Public Accountability Forinternet Companies, Alexandra L. Pichette
Vanderbilt Journal of Entertainment & Technology Law
Every year, worldwide dependence on Internet and other information technology services grows. In many ways, the increased use of electric energy is positive for the environment; after all, using the Internet to access a document uses less energy than printing and distributing that document. Nonetheless, Internet companies expend a great deal of energy when they, for example, fire up their servers to satisfy a search request. Studies show that Internet companies are disproportionately large energy consumers, and are responsible for a growing number of carbon emissions. As a result, environmentalists are becoming concerned about the effects of these emissions on …
The Evolution Of Consumer Privacy Law: How Privacy By Design Can Benefit From Insights In Commercial Law And Standardization, Muharem Kianieff
The Evolution Of Consumer Privacy Law: How Privacy By Design Can Benefit From Insights In Commercial Law And Standardization, Muharem Kianieff
Canadian Journal of Law and Technology
This article considers the effectiveness of the present privacy regimes in North America as it relates to the protection of consumer information that is gathered in the ordinary course of business. It is argued that the present moves towards a Privacy by Design approach shows great potential and can gain valuable insights from established doctrines in commercial and consumer protection law. Moreover, it is proposed that the aims of such an approach can be achieved by deeming personal information and behavioral data to be the property of the individual that it pertains to. It is then suggested that a regulatory …
International And Canadian Law Rules Applicable To Cyber Attacks By State And Non-State Actors, Matthew E. Castel
International And Canadian Law Rules Applicable To Cyber Attacks By State And Non-State Actors, Matthew E. Castel
Canadian Journal of Law and Technology
This essay, which contains a broad ranging overview of several important issues raised by the recent number of cyber attacks in Canada and elsewhere, begins with a definition of cyberspace and cyber war. It is followed by a brief survey of some cyber attacks that have occurred in Canada and elsewhere in recent years. The first part addresses the question whether present rules of international law applicable to armed attacks using kinetic weapons apply to the wide notion of cyber attacks by a state actor against the government and critical civilian infrastructures of another state and concludes that they do. …
Book Review: William F. Patry, How To Fix Copyright, Graham Reynolds
Book Review: William F. Patry, How To Fix Copyright, Graham Reynolds
Canadian Journal of Law and Technology
In How to Fix Copyright, William F. Patry, one of America’s leading experts on copyright, calls for a “top-to-bottom, systemic overhaul” of copyright laws. For a Canadian readership in the midst of our own process of copyright reform, such a call to action is both timely and relevant.
Leveraging Bias In Forensic Science, Roger Koppl
Leveraging Bias In Forensic Science, Roger Koppl
Fordham Urban Law Journal
Dr. Simon Cole calls for a more hierarchical organization of forensic science in his challenging Article, Acculturating Forensic Science: What is ‘Scientific Culture’, and How can Forensic Science Adopt it? Koppl thinks Dr. Cole is right to say that there are different roles in forensic science, but somewhat mistaken in his call for hierarchy.