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Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance, Neil Chilson 2021 Charles Koch Institute

Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance, Neil Chilson

Catholic University Journal of Law and Technology

The growing backlash against Big Tech companies is a symptom of digital technology increasing the world’s legibility. James C. Scott’s book, Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed, explores how past governments responded to increased legibility – for good and for ill. This article shows how Scott’s historical lessons can guide governments and tech platforms as they seek to improve the human condition online.


Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek 2021 The Catholic University of America, Columbus School of Law

Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek

Catholic University Journal of Law and Technology

Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …


To Innovate Or Regulate: How To Regulate Cloud Service Providers Within Financial Institutions, Morgan Willard 2021 Catholic University of America (Student)

To Innovate Or Regulate: How To Regulate Cloud Service Providers Within Financial Institutions, Morgan Willard

Catholic University Journal of Law and Technology

The purpose of this article is to analyze whether cloud service providers should be considered Systemically Important Financial Market Utilities (SIFMU), subjecting them to increased oversight. It also considers the risks and benefits associated with the use of the technology by financial institutions, as well as potential alternatives. Overall, this article argues that cloud service providers do not fall under the current SIFMU framework, and any regulation of the technology should strive to strike a balance between innovation and safe regulation.


Hybrid Ip Rights For Software, Apis, And Guis: Understanding Copyright's Paradigm Shift, Howard Skaist 2021 Berkeley Law & Technology Group, LLP

Hybrid Ip Rights For Software, Apis, And Guis: Understanding Copyright's Paradigm Shift, Howard Skaist

Catholic University Journal of Law and Technology

The non-literal scope of protection for software is intricate legally and is intricate technical. Thus, despite literally decades of court decisions and a mountain of legal scholar written on the subject in that time, it appears that there is still no consistent agreement about it, as evidenced by the Google v. Oracle which has percolated in the courts for nearly a decade and is now being heard by the US Supreme Court (oral argument was on October 7, 2020). However, the thesis of this article that a legal construct is capable of being formulated that is analytically consistent and that …


Table Of Contents, Editor-in- Chief 2021 The Catholic University of America, Columbus School of Law

Table Of Contents, Editor-In- Chief

Catholic University Journal of Law and Technology

No abstract provided.


How The Administrative State Got To This Challenging Place, Peter L. Strauss 2021 Columbia Law School

How The Administrative State Got To This Challenging Place, Peter L. Strauss

Faculty Scholarship

Written for a dispersed agrarian population using hand tools in a local economy, our Constitution now controls an American government orders of magnitude larger that has had to respond to profound changes in transportation, communication, technology, economy, and scientific understanding. How did our government get to this place? The agencies Congress has created to meet these changes now face profound new challenges: transition from the paper to the digital age; the increasing centralization in an opaque, political presidency of decisions that Congress has assigned to diverse, relatively expert and transparent bodies; the thickening, as well, of the political layer within …


When Critical Race Theory Enters The Law & Technology Frame, Jessica M. Eaglin 2021 Indiana University Maurer School of Law

When Critical Race Theory Enters The Law & Technology Frame, Jessica M. Eaglin

Michigan Journal of Race and Law

Michigan Technology Law Review is proud to partner with our peers to publish this essay by Professor Jessica Eaglin on the intertwining social construction of race, law and technology. This piece highlights how the approach to use technology as precise tools for criminal administration or objective solutions to societal issues often fails to consider how laws and technologies are created in our racialized society. If we do not consider how race and technology are co-productive, we will fail to reach substantive justice and instead reinforce existing racial hierarchies legitimated by laws.


Constructing Countervailing Power: Law And Organizing In An Era Of Political Inequality, Kate Andrias 2021 Columbia Law School

Constructing Countervailing Power: Law And Organizing In An Era Of Political Inequality, Kate Andrias

Faculty Scholarship

This Article proposes an innovative approach to remedying the crisis of political inequality: using law to facilitate organizing by the poor and working class, not only as workers, but also as tenants, debtors, welfare beneficiaries, and others. The piece draws on the social-movements literature, and the successes and failures of labor law, to show how law can supplement the deficient regimes of campaign finance and lobbying reform and enable lower-income groups to build organizations capable of countervailing the political power of the wealthy. As such, the Article offers a new direction forward for the public-law literature on political power and …


Former Chief Judge Paul Michel’S Keynote Address At The 64th Annual Intellectual Property Conference At The Uic John Marshall Law School — The Arc Of American Patent Law: Balance And Rebalance And Rebalance Intellectual Property Policy, 20 Uic Rev. Intell. Prop. L. 102 (2021), Paul Michel 2021 UIC School of Law

Former Chief Judge Paul Michel’S Keynote Address At The 64th Annual Intellectual Property Conference At The Uic John Marshall Law School — The Arc Of American Patent Law: Balance And Rebalance And Rebalance Intellectual Property Policy, 20 Uic Rev. Intell. Prop. L. 102 (2021), Paul Michel

UIC Review of Intellectual Property Law

No abstract provided.


Automated Trade Secret Asset Management: Sfp Classification, Eona Proofs, Blockchaining, And Dtsa Civil Seizure Orders, 20 Uic Rev. Intell. Prop. L. 145 (2021), R. Mark Halligan 2021 UIC School of Law

Automated Trade Secret Asset Management: Sfp Classification, Eona Proofs, Blockchaining, And Dtsa Civil Seizure Orders, 20 Uic Rev. Intell. Prop. L. 145 (2021), R. Mark Halligan

UIC Review of Intellectual Property Law

No abstract provided.


This Is Fisa Calling To Let You Know You May Be Eligible For A Motion To Suppress: New Notice Requirement From United States V. Moalin, 20 Uic Rev. Intell. Prop. L. 166 (2021), Jennifer Armstrong 2021 UIC School of Law

This Is Fisa Calling To Let You Know You May Be Eligible For A Motion To Suppress: New Notice Requirement From United States V. Moalin, 20 Uic Rev. Intell. Prop. L. 166 (2021), Jennifer Armstrong

UIC Review of Intellectual Property Law

No abstract provided.


Trademark Law After Uspto V. Booking.Com: “Generic.Com” Takeover, 20 Uic Rev. Intell. Prop. L. 182 (2021), Paige Miller 2021 UIC School of Law

Trademark Law After Uspto V. Booking.Com: “Generic.Com” Takeover, 20 Uic Rev. Intell. Prop. L. 182 (2021), Paige Miller

UIC Review of Intellectual Property Law

No abstract provided.


Filtering Innovation Wheat From Chaff: Quick Citations As Indicators Of Patented Invention Value, 20 Uic Rev. Intell. Prop. L. 202 (2021), Richard Gruner 2021 UIC School of Law

Filtering Innovation Wheat From Chaff: Quick Citations As Indicators Of Patented Invention Value, 20 Uic Rev. Intell. Prop. L. 202 (2021), Richard Gruner

UIC Review of Intellectual Property Law

No abstract provided.


The Scope Of Employment Test Under The Work-Made-For-Hire Doctrine Revisited: How Covid-19, Remote Working, And The Restatement (Third) Of Agency Could Change It, 20 Uic Rev. Intell. Prop. L. 232 (2021), Diana Simon 2021 UIC School of Law

The Scope Of Employment Test Under The Work-Made-For-Hire Doctrine Revisited: How Covid-19, Remote Working, And The Restatement (Third) Of Agency Could Change It, 20 Uic Rev. Intell. Prop. L. 232 (2021), Diana Simon

UIC Review of Intellectual Property Law

No abstract provided.


A Proposal For A More Objective Method In Determining The Extent Of Similarities Between Musical Works For The Purpose Of Probative Copying, 20 Uic Rev. Intell. Prop. L. 251 (2021), Rachael Belensz 2021 UIC School of Law

A Proposal For A More Objective Method In Determining The Extent Of Similarities Between Musical Works For The Purpose Of Probative Copying, 20 Uic Rev. Intell. Prop. L. 251 (2021), Rachael Belensz

UIC Review of Intellectual Property Law

No abstract provided.


Carpenter V. United States: Step Forward For Smartphones And Their Data, But Maybe Not For Other Technologies, 20 Uic Rev. Intell. Prop. L. 308 (2021), Stephen Bartholomew 2021 UIC School of Law

Carpenter V. United States: Step Forward For Smartphones And Their Data, But Maybe Not For Other Technologies, 20 Uic Rev. Intell. Prop. L. 308 (2021), Stephen Bartholomew

UIC Review of Intellectual Property Law

No abstract provided.


Is Gray V. Perry The One That Got Away? The Idea-Expression Dichotomy And Music Copyright Infringement, 20 Uic Rev. Intell. Prop. L. 290 (2021), Marisa Schutz 2021 UIC School of Law

Is Gray V. Perry The One That Got Away? The Idea-Expression Dichotomy And Music Copyright Infringement, 20 Uic Rev. Intell. Prop. L. 290 (2021), Marisa Schutz

UIC Review of Intellectual Property Law

No abstract provided.


The Blur Between Fact And Fiction: Should Trademark Protections Extend To Aspects Of Fictional Works?, 20 Uic Rev. Intell. Prop. L. 451 (2021), Sam Walker 2021 UIC School of Law

The Blur Between Fact And Fiction: Should Trademark Protections Extend To Aspects Of Fictional Works?, 20 Uic Rev. Intell. Prop. L. 451 (2021), Sam Walker

UIC Review of Intellectual Property Law

No abstract provided.


Replacing The Rogers Test: Will An Inquiry Into Non-Artistic Motive In Selecting Titles Of Expressive Works Remedy The Possibility Of Flagrant Deception?, 20 Uic Rev. Intell. Prop. L. 429 (2021), Sabina Nedkova 2021 UIC School of Law

Replacing The Rogers Test: Will An Inquiry Into Non-Artistic Motive In Selecting Titles Of Expressive Works Remedy The Possibility Of Flagrant Deception?, 20 Uic Rev. Intell. Prop. L. 429 (2021), Sabina Nedkova

UIC Review of Intellectual Property Law

No abstract provided.


Foreword: The Supreme Court’S Changing Approach To Patent Law, 21 Uic Rev. Intell. Prop. L. 1 (2021), Ted Field 2021 UIC School of Law

Foreword: The Supreme Court’S Changing Approach To Patent Law, 21 Uic Rev. Intell. Prop. L. 1 (2021), Ted Field

UIC Review of Intellectual Property Law

No abstract provided.


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