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Articles 91 - 120 of 202
Full-Text Articles in Intellectual Property Law
Signed, Sealed, Patented?: A Look At The United States Postal Service’S Patent Application For Implementing Blockchain Technology In Mobile Voting Systems, Ethan Todd
SMU Science and Technology Law Review
No abstract provided.
Copyright, Pandemics, And Emergencies: When Desperate Times Dictate Contextual Responses, Caroline L. Osborne
Copyright, Pandemics, And Emergencies: When Desperate Times Dictate Contextual Responses, Caroline L. Osborne
SMU Science and Technology Law Review
This article explores fair use, the library exception, the first sale doctrine, and controlled digital lending as responses to copyright in the context of permitting libraries to digitize materials existing exclusively in print in their collection for use in teaching, research, and scholarship by students, faculty, and other patrons. Also included is a decision matrix to be employed as a tool for analysis in making the decisions as to digitization of print resources in response to instances of emergencies.
Uncovering The “Realness” Of Cgi Influencers, Samantha Favela
Uncovering The “Realness” Of Cgi Influencers, Samantha Favela
SMU Science and Technology Law Review
No abstract provided.
A Nono From Coco: The Contentious Relationship Between Luxury Brands And Resale, Caylee Phillips
A Nono From Coco: The Contentious Relationship Between Luxury Brands And Resale, Caylee Phillips
SMU Science and Technology Law Review
No abstract provided.
Barring Immoral Speech In Patent And Copyright, Ned Snow
Barring Immoral Speech In Patent And Copyright, Ned Snow
SMU Law Review
In the past three years, the Supreme Court has twice ruled that Congress’s moral bars to trademark protection violate the First Amendment. Those rulings raise a simple question in other areas of intellectual property. Does the First Amendment preclude Congress from denying patent or copyright protection based on a moral reason? Congress, for instance, might deny patent protection for inventions directed toward the consumption of marijuana. Inventors would accordingly choose not to disclose knowledge about those inventions to the public, and the denial would chill their speech. Similarly, Congress would chill speech if it denied copyright protection for moral reasons. …
The Communitarian Deficit In The Usa: Three Telling Cases, Amitai Etzioni
The Communitarian Deficit In The Usa: Three Telling Cases, Amitai Etzioni
SMU Science and Technology Law Review
Liberal communitarianism suggests that the balance between individual rights and the common good must be adjusted as historical conditions change. Much attention has been paid to violations of rights, e.g., by the police, for good reasons. This Article examines three new technologies that undermine public safety, a key common good, and asks whether they should be banned. The 2020 pandemic revealed that scores of millions of Americans objected, not merely to government mandates to take measures that are likely to spare fellow Americans a severe disease or death, but even to respond to moral calls, especially wearing a mask. This …
The Data Market: A Proposal To Control Data About You, David Shaw, Daniel W. Engels
The Data Market: A Proposal To Control Data About You, David Shaw, Daniel W. Engels
SMU Data Science Review
The current legal and economic infrastructure facilitating data collection practices and data analysis has led to extreme over-collection of data and the overall loss of personal privacy. Data over-collection has led to a secondary market for consumer data that is invisible to the consumer and results in a person's data being distributed far beyond their knowledge or control. In this paper, we propose a Data Market framework and design for personal data management and privacy protection in which the individual controls and profits from the dissemination of their data. Our proposed Data Market uses a market-based approach utilizing blockchain distributed …
Patent Eligibility And Investment, David O. Taylor
Patent Eligibility And Investment, David O. Taylor
Faculty Journal Articles and Book Chapters
Have the Supreme Court’s recent patent eligibility cases changed the behavior of venture capital and private equity investment firms, and if so how? This Article provides empirical data about investors’ answers to those important questions. Analyzing responses to a survey of 475 investors at firms investing in various industries and at various stages of funding, this Article explores how the Court’s recent cases have influenced these firms’ decisions to invest in companies developing technology. The survey results reveal investors’ overwhelming belief that patent eligibility is an important consideration in investment decisionmaking, and that reduced patent eligibility makes it less likely …
Electric Vehicles, Infrastructure Electrification And The Urban-Rural Divide, Nathan Reck
Electric Vehicles, Infrastructure Electrification And The Urban-Rural Divide, Nathan Reck
SMU Science and Technology Law Review
No abstract provided.
Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali
Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali
SMU Science and Technology Law Review
No abstract provided.
Machines Finding Injustice, Hannah S. Laquer, Ryan W. Copus
Machines Finding Injustice, Hannah S. Laquer, Ryan W. Copus
SMU Science and Technology Law Review
With rising caseloads, review systems are increasingly taxed, stymieing traditional methods of case screening. We propose an automated solution: predictive models of legal decisions can be used to identify and focus review resources on outlier decisions—those decisions that are most likely the product of biases, ideological extremism, unusual moods, and carelessness and thus most at odds with a court’s considered, collective judgment. By using algorithms to find and focus human attention on likely injustices, adjudication systems can largely sidestep the most serious objections to the use of algorithms in the law: that algorithms can embed racial biases, deprive parties of …
Notice And Choice Must Go: The Collective Control Alternative, Richard Warner
Notice And Choice Must Go: The Collective Control Alternative, Richard Warner
SMU Science and Technology Law Review
Over twenty years of criticism conclusively confirm that Notice and Choice results in, as the law professor Fred Cate puts it, “the worst of all worlds: privacy protection is not enhanced, individuals and businesses pay the cost of bureaucratic laws.” So why is it still the dominant legislative and regulatory approach to ensuring adequate informational privacy online? Recent implementations of Notice and Choice include the European Union’s General Data Protection Regulation, and California’s Consumer Protection Privacy Act. There is a well-known alternative (advanced by Helen Nissenbaum and others) that sees informational privacy as arising from social norms that require conformity …
An Old Technology Solves An Old Problem: Rethinking The “World’S Water Battery”, Will Farmer
An Old Technology Solves An Old Problem: Rethinking The “World’S Water Battery”, Will Farmer
SMU Science and Technology Law Review
No abstract provided.
The California Consumer Privacy Act’S Potential Incompatibility With The United States’ Legal And Economic Landscape, Alexandra Henry
The California Consumer Privacy Act’S Potential Incompatibility With The United States’ Legal And Economic Landscape, Alexandra Henry
SMU Science and Technology Law Review
No abstract provided.
When Miracle Cures Go Bad: Regulators’ Responses To Unproven Direct-To-Consumer Stem Cell Therapies, Sydney Hope
When Miracle Cures Go Bad: Regulators’ Responses To Unproven Direct-To-Consumer Stem Cell Therapies, Sydney Hope
SMU Science and Technology Law Review
No abstract provided.
Intellectual Property Law, David Mccombs, Phillip Philbin, Brett Bostrom, Katharyn Zagorin
Intellectual Property Law, David Mccombs, Phillip Philbin, Brett Bostrom, Katharyn Zagorin
SMU Annual Texas Survey
No abstract provided.
Secret Algorithms, Ip Rights, And The Public Interest, Meghan J. Ryan
Secret Algorithms, Ip Rights, And The Public Interest, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
The secrecy surrounding the algorithms that play a central role in American life today is proving to have alarming effects. Judges and juries are convicting defendants based on secret evidence. Major advertisers like Facebook are discriminating against minorities seeking housing. And Russians may very well be hacking our voting machines to change election outcomes. The algorithm secrecy underlying these results obscures whether such legal outcomes are actually accurate and fair or whether they were based on faulty evidence, affected by bias, or manipulated by outside influences. These are just a handful of the public-interest perils of algorithm secrecy. This Article …
Jefferson’S Taper, Jeremy N. Sheff
Jefferson’S Taper, Jeremy N. Sheff
SMU Law Review
This Article reports a new discovery concerning the intellectual genealogy of one of American intellectual property law’s most important texts. The text is Thomas Jefferson’s often-cited letter to Isaac McPherson regarding the absence of a natural right of property in inventions, metaphorically illustrated by a “taper” that spreads light from one person to another without diminishing the light at its source. I demonstrate that Thomas Jefferson likely copied this Parable of the Taper from a nearly identical passage in Cicero’s De Officiis, and I show how this borrowing situates Jefferson’s thoughts on intellectual property firmly within a natural law theory …
Provisional Injunctive Relief Under The Utsa And The Dtsa In Federal Court New Product Cases, Richard F. Dole Jr.
Provisional Injunctive Relief Under The Utsa And The Dtsa In Federal Court New Product Cases, Richard F. Dole Jr.
SMU Science and Technology Law Review
No abstract provided.
Patent Reform, Then And Now, David O. Taylor
Patent Reform, Then And Now, David O. Taylor
Faculty Journal Articles and Book Chapters
No abstract provided.
Using Interactive Inventions, W. Keith Robinson
Using Interactive Inventions, W. Keith Robinson
Faculty Journal Articles and Book Chapters
Interactive inventions are systems and processes that can be used by multiple actors at the same time. Many interactive inventions are the product of emerging technologies such as the Internet of Things that allow billions of everyday devices to communicate with each other via the Internet. Other interactive inventions are prevalent in the emerging fields of personalized medicine and FinTech (new financial technologies). Unfortunately, the law concerning how to determine liability when a patent directed to an interactive invention is infringed is dissonant across classes of inventions. Specifically, what it means to “use” an interactive system is different from what …
Injunctive Relief, Norman Siebrasse, Rafal Sikorski, Jorge L. Contreras, Thomas F. Cotter, John M. Golden, Sang Jo Jong, Brian J. Love, David O. Taylor
Injunctive Relief, Norman Siebrasse, Rafal Sikorski, Jorge L. Contreras, Thomas F. Cotter, John M. Golden, Sang Jo Jong, Brian J. Love, David O. Taylor
Faculty Journal Articles and Book Chapters
Patent systems commonly empower courts to order accused or adjudged infringers to refrain from continuing infringing conduct in the future. Some patentees file suit for the primary purpose of obtaining and enforcing an injunction against infringement by a competitor, and even in cases in which the patentee is willing to license an invention to an accused infringer for an agreed price, the indirect monetary value of an injunction against future infringement can dwarf the amount a finder of fact is likely to award as compensation for past infringement. In some of these cases, an injunction, if granted, would impose costs …
The Interaction Of Patent Exhaustion And Transactions In Patented Goods After Impression Products V. Lexmark International, Andrew Beckerman Rodau
The Interaction Of Patent Exhaustion And Transactions In Patented Goods After Impression Products V. Lexmark International, Andrew Beckerman Rodau
SMU Science and Technology Law Review
No abstract provided.
Patent Eligibility Of Predictive Algorithm In Second Generation Personalized Medicine, Jerry I-H Hsiao
Patent Eligibility Of Predictive Algorithm In Second Generation Personalized Medicine, Jerry I-H Hsiao
SMU Science and Technology Law Review
No abstract provided.
Natural Cycles: When An Algorithm Digitally Mandates Your Sexual Health, Jacqueline Tran
Natural Cycles: When An Algorithm Digitally Mandates Your Sexual Health, Jacqueline Tran
SMU Science and Technology Law Review
No abstract provided.
Driverless Cars And Resource Allocation, Jeff Daniel Clark
Driverless Cars And Resource Allocation, Jeff Daniel Clark
SMU Science and Technology Law Review
No abstract provided.
The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States, Jessica G. Martz
The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States, Jessica G. Martz
SMU Science and Technology Law Review
No abstract provided.