Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple,
2016
University of Oklahoma College of Law
Ou Professor: Fourth Amendment At Heart Of Dispute Between Fbi, Apple, Stephen Henderson
Other Faculty Publications
The dispute between the FBI and Apple Inc. over the unlocking of the iPhone used by one of the San Bernadino shooters is important to all Americans. And so it's good that it is getting a wide airing. But when it comes to issues that have complicated tradeoffs, it can be important not just that we have the conversation, but that we use the right words. And here the debate deserves very mixed reviews. . . .
Weighing The Admissibility Of Fmri Technology Under Fre 403: For The Law, Fmri Changes Everything -- And Nothing,
2016
Fordham University School of Law
Weighing The Admissibility Of Fmri Technology Under Fre 403: For The Law, Fmri Changes Everything -- And Nothing, Justin Amirian
Fordham Urban Law Journal
Lie detection; fMRI; Evidence; polygraph
Collateral Damages: How The Smartphone Patent Wars Are Changing The Landscape Of Patent Infringement Damages Calculations,
2016
Fordham University School of Law
Collateral Damages: How The Smartphone Patent Wars Are Changing The Landscape Of Patent Infringement Damages Calculations, Martin West
Fordham Urban Law Journal
This Note addresses the diverging approaches to patent infringement damage calculations. Judge Alsup of the Ninth Circuit recently took a rare approach and selected Dr. James Kearl to testify as an independent damages expert in Oracle v. Google under Rule 706 of the Federal Rules of Civil Procedure. In contrast, Judge Posner of the Seventh Circuit recently dismissed the Apple v. Motorola lawsuit finding each party failed to present adequate evidence of their respective damages claims. Judge Koh of the Ninth Circuit took yet another approach using a more relaxed level of admissibility for expert testimony relating to infringement damage …
Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin,
2016
Seattle University School of Law
Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt
Seattle University Law Review
This Note will undertake to analyze bitcoin under the Uniform Commercial Code (UCC) and the Internal Revenue Code (IRC)—two important sources of commercial law—to see whether any existing asset categories adequately protect bitcoin’s commercial viability. This Note will demonstrate that although commercial law dictates that bitcoin should—nay must—be regulated as a currency in order to sustain its existence, the very definition of currency seems to preclude that from happening. Therefore, this Note will recommend that we experiment with a new type of asset that receives currency-like treatment, specifically designed for cryptocurrencies, under which bitcoin can be categorized in order to …
Seeing Color: Implications Of The European Union's New Common Practice For Transatlantic Trademark Registration By United States Trademark Holders,
2016
Seattle University School of Law
Seeing Color: Implications Of The European Union's New Common Practice For Transatlantic Trademark Registration By United States Trademark Holders, Christine Park
Seattle University Law Review
This Note explores two issues related to the EU’s new common practice: (1) whether the new common practice will deter ongoing efforts to integrate trademark registration and protection at the international level; and (2) whether U.S. trademark holders, when expanding business into the EU, should register through the Madrid Protocol and obtain Community Trade Mark or register through a country’s trademark office. This Note argues that the new trademark practice hinders international efforts for standardizing trademark registration and that U.S. trademark holders should claim color when registering their marks with the EU.
Search Engines And § 512(D) Of The D.M.C.A.,
2016
Case Western Reserve University School of Law
Search Engines And § 512(D) Of The D.M.C.A., Amy Blom
Journal of Law, Technology, & the Internet
No abstract provided.
Manufacturing Barriers To Biologics Competition And Innovation,
2016
University of Michigan Law School
Manufacturing Barriers To Biologics Competition And Innovation, W. Nicholson Price Ii., Arti K. Rai
Articles
As finding breakthrough small-molecule drugs becomes more difficult, drug companies are increasingly turning to "large molecule" biologics. Although biologics represent many of the most promising new therapies for previously intractable diseases, they are extremely expensive. Moreover, the pathway for generic-type competition set up by Congress in 2010 is unlikely to yield significant cost savings. This Article provides a fresh diagnosis of and prescription for this major public policy problem. It argues that the key cause is pervasive trade secrecy in the complex area of biologics manufacturing. Under the current regime, this trade secrecy, combined with certain features of Food and …
Informational Inequality: How High Frequency Traders Use Premier Access To Information To Prey On Institutional Investors,
2016
Duke Law
Informational Inequality: How High Frequency Traders Use Premier Access To Information To Prey On Institutional Investors, Jacob Adrian
Duke Law & Technology Review
In recent months, Wall Street has been whipped into a frenzy following the March 31st release of Michael Lewis’ book “Flash Boys.” In the book, Lewis characterizes the stock market as being rigged, which has institutional investors and outside observers alike demanding some sort of SEC action. The vast majority of this criticism is aimed at high-frequency traders, who use complex computer algorithms to execute trades several times faster than the blink of an eye. One of the many complaints against high-frequency traders is over parasitic trading practices, such as front-running. Front-running, in the era of high-frequency trading, is best …
Protecting Brand Image Or Gaming The System? Consumer “Gag” Contracts In An Age Of Crowdsourced Ratings And Reviews,
2016
William & Mary Law School
Protecting Brand Image Or Gaming The System? Consumer “Gag” Contracts In An Age Of Crowdsourced Ratings And Reviews, Lucille M. Ponte
William & Mary Business Law Review
Traditionally, businesses developed and controlled brand image through company-sponsored advertising and marketing campaigns. With the rise of social media, brand communications have become more interactive, especially on crowdsourced review sites. This increased interactivity helps companies to gain valuable insight into the consumer experience and to improve their brand image and customer engagement. Businesses soon learned that positive consumer ratings and reviews often translated into enhanced brand reputation and increased revenues. Some merchants and professionals seek to burnish their brand image by paying for positive reviews while others try to silence disgruntled customers through adhesive nondisparagement clauses. These gag clauses may …
The Oso Landslide: Disaster Management Law In The Space Age,
2016
William & Mary Law School
The Oso Landslide: Disaster Management Law In The Space Age, Paul B. Larsen
William & Mary Environmental Law and Policy Review
No abstract provided.
Duty Of Candor In The Digital Age: The Need For Heightened Judicial Supervision Of Stingray Searches,
2016
IIT Chicago-Kent College of Law
Duty Of Candor In The Digital Age: The Need For Heightened Judicial Supervision Of Stingray Searches, Andrew Hemmer
Chicago-Kent Law Review
This Note explores the constitutional implications of the use of a device known as the “Stingray” in criminal investigations. This device masquerades as a cell phone tower and forces all cell phones within a considerable range to connect to it, transmitting data and allowing law enforcement to ascertain the location of each cell phone. The use of Stingrays raises important Fourth Amendment concerns that have been brought to light most significantly by the 2008 federal prosecution of Daniel Rigmaiden. This Note argues that Stingray use constitutes a Fourth Amendment search and that a new standard of warrant requirements is needed …
The Red Dawn Of Geoengineering: First Step Toward An Effective Governance For Stratospheric Injections,
2016
Duke Law
The Red Dawn Of Geoengineering: First Step Toward An Effective Governance For Stratospheric Injections, Edward J. Larson
Duke Law & Technology Review
A landmark report by the National Academy of Sciences (NAS) issued in 2015 is the latest in a series of scientific studies to assess the feasibility of geoengineering with stratospheric aerosols to offset anthropogenic global warming and to conclude that they offer a possibly viable supplement or back-up alternative to reducing carbon dioxide emissions. The known past effect of major explosive volcanic eruptions temporarily moderating average worldwide temperatures provides evidence in support of this once taboo form of climate intervention. In the most extensive study to date, an elite NAS committee now suggests that such processes for adjusting global temperature, …
Making Civilian Drones Safe: Performance Standards, Self-Certification, And Post-Sale Data Collection,
2016
Chicago-Kent College of Law
Making Civilian Drones Safe: Performance Standards, Self-Certification, And Post-Sale Data Collection, Henry Perritt, Albert Plawinski
All Faculty Scholarship
With millions of small drones in private hands, the FAA continues its struggle to develop an effective regulatory regime to comply with Congress’s mandate to integrate them into the national airspace system. Thousands of individuals and small businesses have obtained authorization from the FAA—"section 333 exemptions"—allowing them to fly their drones commercially. Farmers, TV stations, surveyors, construction-site supervisors, real estate agents, people selling their properties, and managers seeking cheaper and safer ways to inspect their facilities, want to hire the exemption holders, but many are holding back until the FAA clarifies the groundrules.The FAA understands that its traditional approach for …
Beyond Airspace Safety: A Feminist Perspective On Drone Privacy Regulation,
2016
Law, Robotics & Society, Faculty of Law, University of Windsor
Beyond Airspace Safety: A Feminist Perspective On Drone Privacy Regulation, Kristen Mj Thomasen
Canadian Journal of Law and Technology
No technology emerges in a social or legal vacuum. The laws and norms guiding acceptable uses of new technologies help to shape the ways in which these technologies benefit or disadvantage different individuals and communities. Recently, the impact of drones on women’s privacy has garnered sensational attention in media and popular discussion. Media headlines splash stories from drones spying on sunbathing or naked women and girls, to drones being used to stalk women through public spaces, to drones delivering abortion pills to women who might otherwise lack access. Yet despite this popular attention, and the immense literature that has emerged …
Front Matter,
2016
University of Colorado Law School
Front Matter, Colorado Technology Law Journal
Colorado Technology Law Journal
No abstract provided.
Smart Washers May Clean Your Clothes, But Hacks Can Clean Out Your Privacy, And Underdeveloped Regulations Could Leave You Hanging On A Line, 32 J. Marshall J. Info. Tech. & Privacy L. 259 (2016),
2016
UIC School of Law
Smart Washers May Clean Your Clothes, But Hacks Can Clean Out Your Privacy, And Underdeveloped Regulations Could Leave You Hanging On A Line, 32 J. Marshall J. Info. Tech. & Privacy L. 259 (2016), Nikole Davenport
UIC John Marshall Journal of Information Technology & Privacy Law
A house is equipped with a smart clothes washer, an intelligent HVAC system and a video enabled home security system, all running through the home network - it reduces the noise by doing laundry when no one is at home, saves energy costs by automatically changing the temperature depending who is in a room, lets the owner remotely see the kids walk in the door after school, and keeps the house safe - the owner is maximizing the use of the Internet of Things (“IoT”) devices (i.e. a network of everyday objects connected to the Internet and to each other). …
What Thinking About Antitrust Law Can Tell Us About Net Neutrality,
2016
University of Colorado Law School
What Thinking About Antitrust Law Can Tell Us About Net Neutrality, A. Douglas Melamed, Andrew W. Chang
Colorado Technology Law Journal
No abstract provided.
Table Of Contents,
2016
University of Colorado Law School
Table Of Contents, Colorado Technology Law Journal
Colorado Technology Law Journal
No abstract provided.
The Depiction Of Trademarked Landmarks In Fictional Films: Protecting Filmmakers From Infringement And Dilution Liability, 15 J. Marshall Rev. Intell. Prop. L. 676 (2016),
2016
UIC School of Law
The Depiction Of Trademarked Landmarks In Fictional Films: Protecting Filmmakers From Infringement And Dilution Liability, 15 J. Marshall Rev. Intell. Prop. L. 676 (2016), Joel Timmer
UIC Review of Intellectual Property Law
Many well-known landmarks, like the Empire State Building, are protected as trademarks. This trademark status may be used by trademark holders to attempt to control or limit the depictions of those landmarks in artistic works like feature films. Using the trademarked Hollywood Sign as an example, this article examines the status of landmarks as trademarks as well as the protections trademark holders have over unauthorized depictions of trademarked landmarks through actions for trademark infringement or trademark dilution. Concluding that trademark dilution is more likely the proper cause of action for the unauthorized depiction of trademarks in films, this article then …
The Emergence Of The Innovative Entity: Is The Patent System Left Behind?, 16 J. Marshall Rev. Intell. Prop. L. 66 (2016),
2016
UIC School of Law
The Emergence Of The Innovative Entity: Is The Patent System Left Behind?, 16 J. Marshall Rev. Intell. Prop. L. 66 (2016), Talya Ponchek
UIC Review of Intellectual Property Law
This article is concerned with the question of whether the United States patent system achieves its goal, set by policymakers, to promote innovation. The article provides a systematic review of two bodies of literature and how each of them perceives the process and identity of the innovator. First, a review of the development of U.S. patent system, from pre-legislation England to the U.S. federal system, alongside the developments of the classical reasoning for property rights allocation, revealing that as the Anglo-American patent system is rooted in the privileges system, it views innovation as the creation of an individual inventor. Second, …
