The Supreme Court Participates In Patent Reform: Judicial Case Management,
2015
Southern Methodist University
The Supreme Court Participates In Patent Reform: Judicial Case Management, Aaron Dilbeck
SMU Science and Technology Law Review
No abstract provided.
Short-Circulating Legal Guidance In The Digital Age: An Evaluation Of Inadequate Protections For The First And Fourth Amendments, And The Electronic Communication Privacy Act,
2015
Southern Methodist University
Short-Circulating Legal Guidance In The Digital Age: An Evaluation Of Inadequate Protections For The First And Fourth Amendments, And The Electronic Communication Privacy Act, Audrey Lorene Leeder
SMU Science and Technology Law Review
No abstract provided.
Front Matter,
2015
Southern Methodist University
The Sony And Opm Double Whammy: International Law And Cyber Attacks,
2015
Southern Methodist University
The Sony And Opm Double Whammy: International Law And Cyber Attacks, Tim Mccormack
SMU Science and Technology Law Review
No abstract provided.
The Impact Of Hipaa (And Other Federal Law) On Wearable Technology,
2015
Southern Methodist University
The Impact Of Hipaa (And Other Federal Law) On Wearable Technology, Timothy Newman, Jennifer Kreick
SMU Science and Technology Law Review
No abstract provided.
It's Five O'Clock; Do You Know Where Your Records Are: Obligations Of Individuals And Entities To Secure Protected Health Information,
2015
Southern Methodist University
It's Five O'Clock; Do You Know Where Your Records Are: Obligations Of Individuals And Entities To Secure Protected Health Information, Brandon S. Kulwicki
SMU Science and Technology Law Review
No abstract provided.
Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection,
2015
The Catholic University of America, Columbus School of Law
Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection, Chad Squitieri
Scholarly Articles
When government investigators request data from companies such as Google, they obtain data on targeted individuals with a guarantee that the data has been collected, stored, and analyzed properly. These guarantees constitute a testimonial statement under the Confrontation Clause. Similar to lab analysts who submit test results of cocaine samples or blood alcohol levels, this Note argues that analysts involved with the collection, storage, and analysis of big data must be available for confrontation under the Sixth Amendment.
Two Models Of Unpatentable Subject Matter,
2015
Santa Clara Law
Two Models Of Unpatentable Subject Matter, Alan L. Durham
Santa Clara High Technology Law Journal
Patentable subject matter has become one of the most controversial areas of patent law. Efforts to articulate a lucid and productive theory of patentable subject matter must acknowledge that there are two competing models of unpatentable subject matter. One posits that natural laws, natural phenomena, and abstract ideas are themselves ineligible for patenting, and that each example of a natural law, natural phenomenon, or abstract idea further defines a class of inventions that cannot be patented because they lack an additional element of ingenuity—or “inventive concept”—that sufficiently distinguishes those inventions from their natural counterparts. This “penumbral” model of unpatentable subject …
All That Is Solid Melts Into Air: The Subject-Matter Eligibility Inquiry In The Age Of Cloud Computing,
2015
Santa Clara Law
All That Is Solid Melts Into Air: The Subject-Matter Eligibility Inquiry In The Age Of Cloud Computing, Scott T. Luan
Santa Clara High Technology Law Journal
This article critiques and refines the subject-matter eligibility inquiry in patent law by examining the process of creativity in the context of software-implemented inventions. As a substantive critique of § 101 jurisprudence, this article, informed by copyright law, proposes a working hypothesis for a general structure of the subject-matter eligibility inquiry in which a critical determination is the appropriate level of abstraction for claim construction. As a discursive critique of the limits and limitations of judicial language, this article argues that courts have incorrectly presumed that contemporary legal thought is equipped, conceptually and linguistically, to understand the full significance of …
Reconsidering The Standard For Enhanced Damages In Patent Cases In View Of Recent Guidance From The Supreme Court,
2015
Santa Clara Law
Reconsidering The Standard For Enhanced Damages In Patent Cases In View Of Recent Guidance From The Supreme Court, Howard Wisnia, Thomas Jackman
Santa Clara High Technology Law Journal
This article examines whether the jurisprudence of the enhanced damages provision found in 35 U.S.C. § 284 should be modified in light of recent Supreme Court decisions that have altered the jurisprudence of the attorney’s fees provision found in 35 U.S.C. § 285. The authors conclude that a revision is needed to the standard for determining whether to award enhanced damages under § 284 and that juries as opposed to judges should determine whether to grant such an award as well as the amount of the award.
Limited Consumer Privacy Protections Against The Layers Of Big Data,
2015
Santa Clara Law
Limited Consumer Privacy Protections Against The Layers Of Big Data, Andrew W. Bagley, Justin S. Brown
Santa Clara High Technology Law Journal
Consumers give away their data voluntarily and involuntary through their everyday online interactions. Many of these interactions are governed by “click-wrap” agreements in which consumers agree to data use terms with their Internet service provider (ISP), content provider, or an entire computing ecosystem through various layers of the Internet. This phenomenon effectively means that consumers lose control of their data to an endless web of third party big-data brokers unaccountable to the user. All the while, the increasingly dynamic and valuable nature of datasets makes it difficult to predict how data collected today will be used in the future. To …
Campbell At 21/Sony At 31,
2015
University of Michigan Law School
Campbell At 21/Sony At 31, Jessica D. Litman
Articles
When copyright lawyers gather to discuss fair use, the most common refrain is its alarming expansion. Their distress about fair use’s enlarged footprint seems completely untethered from any appreciation of the remarkable increase in exclusive copyright rights. In the nearly forty years since Congress enacted the 1976 copyright act, the rights of copyright owners have expanded markedly. Copyright owners’ demands for further expansion continue unabated. Meanwhile, they raise strident objections to proposals to add new privileges and exceptions to the statute to shelter non-infringing uses that might be implicated by their expanded rights. Copyright owners have used the resulting uncertainty …
Legal & Scientific Integrity In Advancing A "Land Degradation Neutral World",
2015
Columbia Law School, Sabin Center for Climate Change Law
Legal & Scientific Integrity In Advancing A "Land Degradation Neutral World", Shelley Welton, Michela Biasutti, Michael B. Gerrard
Faculty Scholarship
It is no secret that the fight against desertification isn't going well. In the two decades since the United Nations Convention to Combat Desertification ("UNCCD") came into force, desertification – defined as degradation in the quality of "arid, semi-arid, and dry subhumid" land areas – has worsened considerably. Recent United Nations estimates suggest that fifty-two percent of drylands currently under agricultural cultivation are moderately or severely degraded, and 12 million hectares of productive land become barren each year due to desertification and drought. And while drylands are the focus of the UNCCD, the challenge isn't limited to them: somewhere around …
Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights,
2014
Duke Law
Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup
Duke Law & Technology Review
The endemic underuse of radio spectrum constitutes a tragedy of the regulatory commons. Like other common interest tragedies, the outcome results from a legal or market structure that prevents economic actors from executing socially efficient bargains. In wireless markets, innovative applications often provoke claims by incumbent radio users that the new traffic will interfere with existing services. Sometimes these concerns are mitigated via market transactions, a la “Coasian bargaining.” Other times, however, solutions cannot be found even when social gains dominate the cost of spillovers. In the recent “LightSquared debacle,” such spectrum allocation failure played out. GPS interests that access …
The Ip Transition And The Need For Common Carrier Regulation,
2014
The Catholic University of America, Columbus School of Law
The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Section 10 Forbearance: Asking The Right Questions To Get The Right Answers,
2014
The Catholic University of America, Columbus School of Law
Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
The Telecommunications Act of 1996 aimed to “provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans….” Key to the Federal Communication Commission’s ability to satisfy this deregulatory mandate is Section 10 of the 1996 Act which provides the agency with express legal authority to forbear from enforcing certain portions of the Communications Act. In this paper, we use the agency’s Phoenix Forbearance Order as a template for outlining how the Commission can improve its forbearance analysis. Our analysis focuses on forbearance from the …
The Procrustean Problem With Prescriptive Regulation,
2014
Federal Trade Commission
The Procrustean Problem With Prescriptive Regulation, Maureen K. Ohlhausen
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications,
2014
The Catholic University of America, Columbus School of Law
The Evolution Of Innovation And The Evolution Of Regulation: Emerging Tensions And Emerging Opportunities In Communications, Larry Downes, John W. Mayo
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Panel Iii--General Discussion,
2014
University of Georgia School of Law
Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
International Trade In Services From The Japanese Viewpoint,
2014
University of Tokyo
International Trade In Services From The Japanese Viewpoint, Masato Dogauchi
Georgia Journal of International & Comparative Law
No abstract provided.
