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Articles 91 - 120 of 149
Full-Text Articles in Internet Law
Q: Can Booking.Com Be Trademarked? A: Booking.Yeah, Samantha Favela
Q: Can Booking.Com Be Trademarked? A: Booking.Yeah, Samantha Favela
SMU Science and Technology Law Review
By choosing a generic Internet domain as a brand name, that brand can hit the Internet jackpot. But the popularity and use of a generic domain name creates tension with trademark law. While companies want to be easily found on the Internet, they also want to protect themselves from competitors. This Case Note argues that the Supreme Court’s ruling in United States Patent & Trademark Office v. Booking.com B.V. is the best possible outcome in protecting brand’s rights and balancing trademark law principles. Through the analysis of past cases, the Supreme Court decision in Booking.com itself, and trademark law principles, …
The Fifth Circuit, Fourth Amendment, And The Third-Party Doctrine: Two Takeaways From The Court’S First Ruling On Bitcoin Privacy, Daniel Penn
SMU Science and Technology Law Review
No abstract provided.
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 …
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.
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.
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.
Global Platform Governance: Private Power In The Shadow Of The State, Hannah Bloch-Wehba
Global Platform Governance: Private Power In The Shadow Of The State, Hannah Bloch-Wehba
SMU Law Review
Online intermediaries—search engines, social media platforms, even e-commerce businesses—are increasingly required to make critical decisions about free expression, individual privacy, and property rights under domestic law. These requirements arise in contexts that include the right to be forgotten, hate speech,“ terrorist” speech, and copyright and intellectual property. At the same time, these disputes about online speech are increasingly borderless. Many laws targeting online speech and privacy are explicitly extraterritorial in scope. Even when not, some courts have ruled that they have jurisdiction to enforce compliance on a global scale. And governments are also demanding that platforms remove content—on a global …
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.
Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider
Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider
SMU Science and Technology Law Review
No abstract provided.
Merging Sports Gambling And Technology: What’S Really Going To Happen?, Tucker Davison
Merging Sports Gambling And Technology: What’S Really Going To Happen?, Tucker Davison
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.
Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung
Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung
SMU Science and Technology Law Review
No abstract provided.
Regulations For Smart Mobility: Proceed With Caution, Connor Saenz
Regulations For Smart Mobility: Proceed With Caution, Connor Saenz
SMU Science and Technology Law Review
No abstract provided.
Online Businesses Beware: Ada Lawsuits Demand Website Accessibility For Blind Plaintiffs, Ricardo Alvarado
Online Businesses Beware: Ada Lawsuits Demand Website Accessibility For Blind Plaintiffs, Ricardo Alvarado
SMU Science and Technology Law Review
No abstract provided.
When Lies Go Viral: The First Amendment Implications Of Regulating The Spread Of Fake News, Madeleine Rosuck
When Lies Go Viral: The First Amendment Implications Of Regulating The Spread Of Fake News, Madeleine Rosuck
SMU Science and Technology Law Review
No abstract provided.
Scraping The Bottom Of The Barrel: Why It Is No Surprise That Data Scrapers Can Have Access To Public Profiles On Linkedin, Marissa Boulanger
Scraping The Bottom Of The Barrel: Why It Is No Surprise That Data Scrapers Can Have Access To Public Profiles On Linkedin, Marissa Boulanger
SMU Science and Technology Law Review
No abstract provided.
Emerging Technologies Challenging Current Legal Paradigms, W. Keith Robinson, Joshua T. Smith
Emerging Technologies Challenging Current Legal Paradigms, W. Keith Robinson, Joshua T. Smith
Faculty Journal Articles and Book Chapters
U.S. patent law has made assumptions about where new inventions will be created, who will create them, and how they will be infringed. Throughout history, emerging technologies have challenged these paradigms. This decade’s emerging technologies will allow humans to create in virtual worlds, connect billions of every day devices via the Internet, and use artificial intelligence to invent across technology fields. If countries like the U.S. wish to encourage inventors to seek patent protection in these emerging areas, then a paradigm shift in the law must occur. Specifically, the law must clarify patent eligibility, recognize the increasing role of artificial …
Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness
Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness
SMU Science and Technology Law Review
In 2006, Federal Rule of Civil Procedure (FRCP) 37(e) came into effect, declaring that lost electronically stored information (ESI) could not prompt “sanctions … on a party” absent “exceptional circumstances.” Sanctions were limited to where the loss resulted from “the routine, good-faith operation of an electronic information system.” Effective December 1, 2015, Rule 37(e) now contemplates limited “measures … to cure the prejudice” caused by lost and irreplaceable ESI arising from a party’s failure “to take reasonable steps to preserve,” where the lost ESI “should have been preserved in the anticipation or conduct of litigation.” For more culpable conduct, the …
Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryynanen England
Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryynanen England
SMU Science and Technology Law Review
No abstract provided.
Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn
Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn
SMU Science and Technology Law Review
No abstract provided.