No Cause Of Action: Video Surveillance In New York City,
2012
Benjamin N. Cardozo School of Law
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
Michigan Telecommunications & Technology Law Review
In 2010, New York City Police Commissioner Raymond Kelly announced a new network of video surveillance in the City. The new network would be able to prevent future terrorist attacks by identifying suspicious behavior before catastrophic events could take place. Kelly told reporters, "If we're looking for a person in a red jacket, we can call up all the red jackets filmed in the last 30 days," and "[w]e're beginning to use software that can identify suspicious objects or behaviors." Gothamist later made a witticism of Kelly's statement, remarking, "Note to terrorists: red jackets are not a good look for …
High-Frequency Trading: Should Regulators Do More,
2012
University of Michigan Law School
High-Frequency Trading: Should Regulators Do More, Matt Prewitt
Michigan Telecommunications & Technology Law Review
High-Frequency Trading ("HFT") is a diverse set of algorithmic trading strategies characterized by fast order execution. Its importance in international markets has increased vastly in recent years. From a regulatory perspective, HFT presents difficult and partially unresolved questions. The difficulties stem partly from the fact that HFT encompasses a wide range of trading strategies, and partly from a dearth of unambiguous empirical findings about HFT's effects on markets. Yet certain important conclusions are broadly accepted. HFT can increase systemic risk by causing or exacerbating events like the "Flash Crash" of May 6, 2010. HFT can also enable market manipulators to …
The Latest 4th Amendment Privacy Conundrum: "Stingrays",
2012
University of Michigan Law School
The Latest 4th Amendment Privacy Conundrum: "Stingrays", Max Bulinksi
University of Michigan Journal of Law Reform Caveat
Wired is reporting renewed hubbub regarding statutory and Fourth Amendment protections of individuals’ privacy in the digital age. This time, it comes in the form of federal officers using a fake cellphone tower (called a “stingray”) to locate their suspect, Mr. Rigmaiden, by tracking the location of his cellphone. According to an affidavit submitted to the court, the stingray only captures the equivalent of header information – such as the phone or account number assigned to the aircard as well as dialing, routing and address information involved in the communication.
Practical Considerations In The Indirect Deployment Of Intellectual Property Rights By Corporations And Investors,
2012
UC Law SF
Practical Considerations In The Indirect Deployment Of Intellectual Property Rights By Corporations And Investors, Tom Ewing
UC Law Science and Technology Journal
Competitive pressures and rent-seeking behaviors have motivated companies and investors to develop indirect techniques for beneficially exploiting third-party intellectual property rights (IPRs) that qualitatively depart from the direct exploitation tools honed during the past thirty years of the ongoing pro-patent era. Companies and investors have learned that they do not even need to own IPRs in order to consequently benefit from their exploitation. This phenomenon is labeled here "IP privateering" because of its similarities to an historic method for waging war on the high seas. This Article probes certain practical limitations of this newly identified strategy. Specifically, this Article explores …
Customers, Co-Workers And Competition: Employee Covenants In California After Edwards V. Arthur Andersen,
2012
UC Law SF
Customers, Co-Workers And Competition: Employee Covenants In California After Edwards V. Arthur Andersen, David L. Simson
UC Law Science and Technology Journal
California law is well settled that most contractual provisions prohibiting competing with or soliciting customers of a former employer are unenforceable under California Business and Professions Code 16600, unless the activity involves misappropriation of trade secrets or confidential information. Nonetheless, case law appears to hold that a restriction on one type of post-employment activityhiring away former co-workers-might still be permitted. In 2008, the California Supreme Court once again addressed the scope of section 16600. This Note examines employee nonsolicitation covenants in light of that decision, including whether they remain legally defensible, and whether they retain any value for the employer …
The Medicines Patent Pool: Promoting Access And Innovation For Life-Saving Medicines Through Voluntary Licenses,
2012
UC Law SF
The Medicines Patent Pool: Promoting Access And Innovation For Life-Saving Medicines Through Voluntary Licenses, Krista L. Cox
UC Law Science and Technology Journal
Monopolies over many life-saving drugs have led to high prices that remain out of reach for patients in the developing world, leading to a crisis of access over these essential medicines. High intellectual property barriers harm not only access to medicines, but can also impact future innovation. In order to address this problem, a proposal for a "patent pool" emerged that would rely on voluntary licenses by patent holders to enable the production of more affordable generic medicines. This article briefly describes the history of patent pools before focusing specifically on the UNITAID-supported Medicines Patent Pool. It analyzes the specific …
Patents Vs. Statutory Exclusivities In Biological Pharmaceuticals - Do We Really Need Both?,
2012
Georgia State University College of Law
Patents Vs. Statutory Exclusivities In Biological Pharmaceuticals - Do We Really Need Both?, Yaniv Heled
Faculty Publications By Year
On March 23, 2010, President Obama signed into law the Biologics Price Competition and Innovation Act (BPCIA) as part of the Patient Protection and Affordable Care Act (also known as the Healthcare Bill). BPCIA sets up a framework for the approval of generic biologics and provides for up to 12.5 years of market exclusivity for FDA approved bio-pharmaceutical products. The exclusivity is intended to run in parallel and in addition to any patents that may apply to such approved bio-pharmaceutical products, which would also grant the developers of these products monopolies in the underlying technologies on which such bio-pharmaceutical products …
A Thousand Tiny Pieces: The Federal Circuit's Fractured 'Myriad' Ruling, Lessons To Be Learned, And The Way Forward,
2012
American University Washington College of Law
A Thousand Tiny Pieces: The Federal Circuit's Fractured 'Myriad' Ruling, Lessons To Be Learned, And The Way Forward, Jonathan Stroud
Celebrating WCL Student Authors
The Supreme Court granted, vacated, and remanded the infamous Myriad gene isolation patentability case to the Court of Appeals for the Federal Circuit (CAFC) in light of the recent Prometheus decision, which held 9-0 that a certain diagnostic method was invalid subject matter because it was an abstract idea merely modified by other obvious steps. This Essay argues that Myriad should be affirmed again by the Federal Circuit, particularly in light of Prometheus, in order to inject certainty, clarity, and consistency into the § 101 patentable subject matter jurisprudence
"Hostile Learning Environment:" Developing Student Speech Regulation By Applying The Hostile Work Environment Analysis To Cyberbullying,
2012
Case Western Reserve University School of Law
"Hostile Learning Environment:" Developing Student Speech Regulation By Applying The Hostile Work Environment Analysis To Cyberbullying, Carla Diblasio
Journal of Law, Technology, & the Internet
No abstract provided.
Antitrust And Patent License Agreements: A New Look At The Grantback Clause In High Technology Markets,
2012
Case Western Reserve University School of Law
Antitrust And Patent License Agreements: A New Look At The Grantback Clause In High Technology Markets, John M. Murray
Journal of Law, Technology, & the Internet
No abstract provided.
Do Robomemos Dream Of Electric Nouns?: A Search For The Soul Of Legal Writing,
2012
Case Western Reserve University School of Law
Do Robomemos Dream Of Electric Nouns?: A Search For The Soul Of Legal Writing, Ian Gallacher
Journal of Law, Technology, & the Internet
No abstract provided.
The Sound Of Silence: The Legality Of The American "Kill Switch" Bill,
2012
Case Western Reserve University School of Law
The Sound Of Silence: The Legality Of The American "Kill Switch" Bill, Deborah Beth Medows
Journal of Law, Technology, & the Internet
No abstract provided.
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012),
2012
UIC John Marshall Law School
Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler
UIC Law Open Access Faculty Scholarship
Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …
No 'Direction' Home: An Alternative Approach To Joint Infringement,
2012
Southern Methodist University, Dedman School of Law
No 'Direction' Home: An Alternative Approach To Joint Infringement, W. Keith Robinson
Faculty Journal Articles and Book Chapters
U.S. start-ups continue to create new technologies that provide a high degree of connectivity between consumer devices such as mobile phones. In order to protect their innovations, many companies acquire patents that contain method claims covering interactive technology. To successfully enforce a patent when more than one party performs all of the steps of a claimed method, the Federal Circuit has held under its joint infringement doctrine that the patentee must show that one of the alleged infringers “directed or controlled” the actions of the other party. Perceptive parties that form a relationship that does not rise to the level …
Understanding And Incentivizing Biosimilars,
2012
UC Hastings College of the Law
Understanding And Incentivizing Biosimilars, Robin Feldman, Jason Kanton
Faculty Scholarship
No abstract provided.
"Like" Your President: A Case For Online Voting,
2012
University of Michigan Law School
"Like" Your President: A Case For Online Voting, Jeremy Garson
University of Michigan Journal of Law Reform Caveat
In the wake of Hurricane Sandy, New Jersey allowed displaced residents to vote in the 2012 elections by email. The option to vote online has been available to military members stationed overseas since 2009. New Jersey’s decision to open online voting to civilians raises the question of why this shift didn’t take place sooner. Assuming New Jersey’s system holds up under post-election scrutiny, why not utilize it to the fullest extent possible? Online voter registration is already permitted by eleven states, including the liberal, infrastructure-rich, population-heavy California and the conservative, sparsely populated Alaska. Extending the registration system to voting itself …
Past Its Prime: Why The Clean Air Act Is In Need Of Modification,
2012
University of Michigan Law School
Past Its Prime: Why The Clean Air Act Is In Need Of Modification, Levi Smith
University of Michigan Journal of Law Reform Caveat
The Clean Air Act (CAA) is the primary federal statute regulating the emission of air pollutants. First enacted in 1970, the CAA requires, inter alia, the federal government to establish air quality goals and states to develop implementation plans to achieve those goals. The most stringent requirements of the CAA are imposed on “new” or “modified” sources of pollution, such as sulfur dioxide, nitrous oxides, and particulate matter. Sources that were operating when the CAA was enacted are mostly exempt from regulation under the Act. Because of the substantial costs associated with the CAA standards, there is an incentive for …
Law And Ethics For Robot Soldiers,
2012
Columbia Law School
Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew C. Waxman
Faculty Scholarship
Lethal autonomous machines will inevitably enter the future battlefield – but they will do so incrementally, one small step at a time. The combination of inevitable and incremental development raises not only complex strategic and operational questions but also profound legal and ethical ones. The inevitability of these technologies comes from both supply-side and demand-side factors. Advances in sensor and computational technologies will supply “smarter” machines that can be programmed to kill or destroy, while the increasing tempo of military operations and political pressures to protect one’s own personnel and civilian persons and property will demand continuing research, development, and …
Signal Lost: Is A Gps Tracking System The Same As An Eyeball?,
2012
University of Michigan Law School
Signal Lost: Is A Gps Tracking System The Same As An Eyeball?, Eric Andrew Felleman
University of Michigan Journal of Law Reform Caveat
On November 8th, the Supreme Court will hear arguments in United States v. Jones. One of the primary issues in the case is whether law enforcement personnel violated Mr. Jones' Fourth Amendment right to freedom from unreasonable searches and seizures by using a GPS tracking device to monitor the location of his car without a warrant. The 7th Circuit and the 9th Circuit have both recently held that use of GPS tracking is not a search under the Fourth Amendment.
Chinese Patent Quality: Running The Numbers And Possible Remedies, 11 J. Marshall Rev. Intell. Prop. L. 478 (2012),
2012
UIC School of Law
Chinese Patent Quality: Running The Numbers And Possible Remedies, 11 J. Marshall Rev. Intell. Prop. L. 478 (2012), Mark Liang
UIC Review of Intellectual Property Law
In an effort to improve its economic and technological prowess, China in recent years has promulgated measures that encourage patenting activity. These measures have had their intended effect. Over a million patent applications were filed at China’s State Intellectual Property Office ("SIPO") in 2010, making it the busiest patent office in the world—by comparison, a mere 600,000 were filed at the United States Patent and Trademark Office, placing it a distant second. The disparity and trend is expected to grow in the coming years. But looking behind the headline numbers raises doubts about the quality of China’s patents and the …
