The New Kinship: Constructing Donor-Conceived Families

By: Ashley Jacoby Introduction: In The New Kinship: Constructing Donor Conceived Families, author Naomi Cahn examines how families and relationships form when individuals utilize assisted reproductive technology (“ART”) to conceive and bear children. Cahn proposes that The New Kinship serves three purposes: firstly, it explores how emotional connections are created and develop within families who … Continue reading The New Kinship: Constructing Donor-Conceived Families

The European Union’s General Data Protection Regulation: How Will it Affect Non-EU Enterprises?

By: Manu J. Sebastian Introduction: In a world where technology is ever changing and personal data is being processed and saved at every turn, corporations must be held accountable for the data they collect, store, and use. The consumer truly does not understand the levels of data capture and retention that corporations employ, and the … Continue reading The European Union’s General Data Protection Regulation: How Will it Affect Non-EU Enterprises?

Domestic Presence in the Skies: Why Americans Should Care About Private Drone Regulation

By: Tyler Hite Introduction: Within the past decade, drone strikes and the concept of Unmanned Aerial Vehicles (UAVs) have become not only commonplace among major news headlines, but continue to lead the way for modern warfare tactics and strategy. With precision missile and surveillance capabilities, Predator drones have led to the successful elimination of high-valued … Continue reading Domestic Presence in the Skies: Why Americans Should Care About Private Drone Regulation

I Know Who You Are and I Saw What You Did [Social Networks and the Death of Privacy]

By: Justin McHugh Introduction: Since the creation of Facebook, people have been flocking to social media to have their voices heard. Facebook now has over 750 million members making it the “third largest nation in the world.” With so many followers, Facebook has essentially become its own nation with its own followers, financial system, legal … Continue reading I Know Who You Are and I Saw What You Did [Social Networks and the Death of Privacy]

To Protect and Serve, But Not Drive: Police Use of Autonomous Vehicles

By: Geoffrey Wills Introduction: Images of Knight Rider, Herbie the Love Bug, or HAL from 2001: A Space Odyssey might be the first thing people think of when discussing artificial intelligence and self-driving vehicles, but that is quickly changing. While a self-driving car used to be just a pipe dream, an ever-increasing number of car … Continue reading To Protect and Serve, But Not Drive: Police Use of Autonomous Vehicles

Privacy Expectations in Online Video Games: In Light of Edward Snowden’s NSA Document Leak

By: Matthew Knopf Introduction: On December 9, 2013, the British Newspaper The Guardian published documents from the National Security Administration (“NSA documents”) provided by the whistleblower Edward Snowden. These documents revealed that surveillance agencies of the United States and United Kingdom governments were conducting intelligence operations in a search for terrorists inside of massive multiplayer online (“MMO”) video games such … Continue reading Privacy Expectations in Online Video Games: In Light of Edward Snowden’s NSA Document Leak

The Second Amendment Implications of Regulating 3D Printed Firearms

By: Michael L. Smith Introduction: On May 1, 2013, the first firearm that had ever been produced with a 3D printer was successfully fired. Several weeks later, an engineer in Wisconsin used his own (relatively) cheap personal 3D printer to make a firearm that successfully fired nine shots. These two developments generated national media attention … Continue reading The Second Amendment Implications of Regulating 3D Printed Firearms

Tragedy of the Commons: Snowden’s Reformation and the Balkanization of the Internet

By: Matthew Funk Introduction: In 1517, Martin Luther put into motion events that would uproot the hegemony of the Catholic Church in Western religion. His Ninety-Five Theses would be the basis for an enormous upheaval of the sacred status quo, and challenge centuries of religious ordering. His “protest” of the practices of the Catholic Church would … Continue reading Tragedy of the Commons: Snowden’s Reformation and the Balkanization of the Internet

How Much Does J.Crew Really Know About You?: The Harsh Reality of a Mega-Retailer’s Privacy Policy

By: Laura Fleming Introduction: Nowadays, one cannot visit an online shopping website which does not display a privacy policy. A privacy policy is a statement that declares a website’s policy on the collection and release of information about a visitor. Privacy policies usually state what specific information the company collects and whether this information is kept confidential, shared, or … Continue reading How Much Does J.Crew Really Know About You?: The Harsh Reality of a Mega-Retailer’s Privacy Policy

Review of “I Know What You’re Thinking: Brain Imaging and Mental Privacy”

Reviewed by: Jenna Furman Since the 1980s, MRI scanners have been used in medicine to help diagnose various conditions, many of which are found in the brain. The use of such scanners has led to advances in understanding the human mind, both its structure and functions. Such advances have led to greater knowledge of neurological … Continue reading Review of “I Know What You’re Thinking: Brain Imaging and Mental Privacy”

Can You Hear Me Now? Spectrum is Shaping the Telecommunication Industry in an Increasingly Connected America

By: James Zino The way in which Americans communicate has changed rapidly over the past decade, and the cellular phone has been at the forefront of this revolution, reaching levels of market maturation faster than any mainstream technology since the television. What started as a tool to place calls while on the go has evolved … Continue reading Can You Hear Me Now? Spectrum is Shaping the Telecommunication Industry in an Increasingly Connected America

I Need a Lawyer: Establishing Statewide New York Communication Access Fund to Secure Legal Accessibility to Deaf and Hard of Hearing Clients Through Video Remote Interpreting Services in Compliance with the Americans with Disabilities Act

By: YooNa Lim Discrimination by lawyers against individuals who are deaf and hard of hearing is not a rare occurrence. Many lawyers decline to represent deaf and hard of hearing individuals as clients, despite the protection of federal and state laws to prohibit discrimination on the basis of disability. Hearing impairments cover a significant range – … Continue reading I Need a Lawyer: Establishing Statewide New York Communication Access Fund to Secure Legal Accessibility to Deaf and Hard of Hearing Clients Through Video Remote Interpreting Services in Compliance with the Americans with Disabilities Act

Seeing Red: Christian Louboutin’s Protection of His Trademark Through His Battle with Yves St. Laurent

By: Sachpreet Bains Introduction: Let’s start with a simple question. How much are you willing to spend on a pair of shoes? Write three zeros on a piece of paper. Now, place a five in front of the three zeros. Next, place a comma after the five. Lastly, place a dollar sign at the very … Continue reading Seeing Red: Christian Louboutin’s Protection of His Trademark Through His Battle with Yves St. Laurent

Notice and Manifestation of Assent to Browse-Wrap Agreements in the Age of Evolving Crawlers, Bots, Spiders and Scrapers: How Courts Are Tethered to Their Application of Register and Cairo and Why Congress Should Mandate Use of the Robots Exclusion Standard to Prevent Circumvention of Responsibility

By: Michael Laven Introduction:  In 2012, when Internet users browsed the World Wide Web looking for the best price on a new Apple product, Thanksgiving flight or car insurance, they inevitably encountered a brave new world of manifestation of assent to a contract: the world of “click-through” and “browse-wrap” agreements. The click-through agreement probably garners … Continue reading Notice and Manifestation of Assent to Browse-Wrap Agreements in the Age of Evolving Crawlers, Bots, Spiders and Scrapers: How Courts Are Tethered to Their Application of Register and Cairo and Why Congress Should Mandate Use of the Robots Exclusion Standard to Prevent Circumvention of Responsibility

Mass Copyright Infringement Litigation: Of Trolls, Pornography, Settlement and Joinder

By: Christopher Civil Introduction: Recently, a staggering number of copyright lawsuits have been filed by producers of  pornographic videos against individuals who have allegedly illegally downloaded the videos via the BitTorrent Protocol. While the law should respect the legitimate protection of a producer’s  copyright interest, there is significant reason to question the legitimacy of these lawsuits. … Continue reading Mass Copyright Infringement Litigation: Of Trolls, Pornography, Settlement and Joinder

Review of “Legally Poisoned: How the Law Puts Us at Risk from Toxicants”

Reviewed by: Alessandra Baldini Introduction: In Legally Poisoned, Cranor lays out the frightening details of chemical proliferation in our modern world. In this well-researched work, the author makes clear the extent to which we are exposed to chemical toxicants, and the danger of this exposure to our health. Cranor clearly illustrates the process by which we are … Continue reading Review of “Legally Poisoned: How the Law Puts Us at Risk from Toxicants”

Use of Patented Inventions after FDA Approval: How to Define the Hatch-Waxman Safe Harbor in Light of Momenta and Classen

By: Madeline Schiesser Abstract: This paper will discuss the apparent inconsistencies in the recent Classen v. Biogen and Momenta v. Amphastar decisions by the Court of Appeals for the Federal Circuit regarding the Hatch-Waxman Safe Harbor. Although it is well settled that the Drug Price Competition and Patent Term Restoration (Hatch-Waxman) Act permits a generic drug company … Continue reading Use of Patented Inventions after FDA Approval: How to Define the Hatch-Waxman Safe Harbor in Light of Momenta and Classen

Sending Servers to the Sky: Can Bit Torrent Piracy be Perpetuated by the Use of Unmanned Drones?

By: David Hutchinson Introduction: On March 18th 2012 “the galaxy’s most resilient Bit Torrent site,” The Pirate Bay declared war on copyright laws around the world. It threatened to take its Bit Torrent piracy programs to the sky in order to avoid jurisdiction. Bit Torrent is a system by which Internet users can connect to one another’s … Continue reading Sending Servers to the Sky: Can Bit Torrent Piracy be Perpetuated by the Use of Unmanned Drones?

The Usefulness of the International Trade Commission as a Patent Forum in the Wake of Certain Personal Data and Mobile Communications Devices and Related Software (Apple v. HTC)

By: Stephen Burke Introduction:  The United States International Trade Commission (hereinafter the “ITC”) is a government agency with statutory power to control matters of trade. As a part of this power, the ITC may investigate claims of patent infringement and ban infringing products from being imported into and/or sold in the country. The patent investigation power of the … Continue reading The Usefulness of the International Trade Commission as a Patent Forum in the Wake of Certain Personal Data and Mobile Communications Devices and Related Software (Apple v. HTC)

Artificial Intelligence and the Patent System: Can a New Tool Render a Once Patentable Idea Obvious?

By: William Samore Introduction: In the summer of 1956, leaders in the field of computer science met at Dartmouth College and founded the field of Artificial Intelligence. Since then, one branch of Artificial Intelligence—Genetic Programming—has progressed to the point where it could drastically change the way that inventors design and create. Genetic programs (described in more … Continue reading Artificial Intelligence and the Patent System: Can a New Tool Render a Once Patentable Idea Obvious?

Neutrality in the Digital Battle Space: Applications of the Principle of Neutrality in Information Warfare

By: Allison Gaul Abstract:  As technology develops, the spectrum of potential uses for information warfare will broaden. Creation of new applications for weaponized bits and bytes will inevitably result in the generation of new legal questions. The information warfare scenarios discussed in this article are a sample of the possible uses for digital attacks. It … Continue reading Neutrality in the Digital Battle Space: Applications of the Principle of Neutrality in Information Warfare

The Inevitable Television Revolution: The Technology Is Ready, The Business Is Lagging, and The Law Can Help

By: Blaine Bassett Introduction: SPOILER ALERT: A revolution is transpiring that will leave television so changed twenty years in the future as to make it unrecognizable to viewers from twenty years in the past. What is more, this proposition is hardly controversial. The ubiquity of the phrase “SPOILER ALERT” itself—now commonly applied in reference to scripted television shows, reality shows, sports … Continue reading The Inevitable Television Revolution: The Technology Is Ready, The Business Is Lagging, and The Law Can Help

Review of “Transfer of Nuclear Technology Under International Law: Case Study of Iraq, Iran and Israel”

Reviewed by: Matt Galante Summary: The author provides an excellent summary of the international law framework guiding the safe transfer of nuclear technology for peaceful purposes between nation states. The author discusses the many benefits and uses of nuclear technology and the importance of sharing such technology throughout the world. The author focuses her legal analysis … Continue reading Review of “Transfer of Nuclear Technology Under International Law: Case Study of Iraq, Iran and Israel”

The Evolution of E-Discovery Model Orders

By: Daniel B. Garrie and Candice M. Lang Abtract: This article analyzes the Federal Circuit’s Model Order regarding E-Discovery in patent cases (the “Model Order”). The article (i) briefly describes the purpose behind the Model Order, (ii) describes its key provisions, and then (iii) analyzes the Model Order to identify some areas of continuing concern. The authors … Continue reading The Evolution of E-Discovery Model Orders

The Quasi-Autonomous Car as an Assistive Device for Blind Drivers: Overcoming Liability and Regulatory Barriers

By: Dana M. Mele Introduction: The concept of a self-driving car is no longer the stuff of science fiction. From as early as the 1960s, engineers have worked on designs for autonomous vehicles. However, in 2004, two challenges were extended that catapulted the race into hyper-drive. The Department of Defense (“DoD”) Defense Advanced Research Projects Agency (“DARPA”) … Continue reading The Quasi-Autonomous Car as an Assistive Device for Blind Drivers: Overcoming Liability and Regulatory Barriers

U.S. Export Controls Over Cloud Computing: The Forecast Calls for Change

By: Ryan M. Murphy Introduction:  Are you violating United States export law when you click “save” on that document? Exactly where does that file go? For some, it may travel to a server within their company’s building, but for an increasing population, that file goes “into the clouds” and out of the country. If you … Continue reading U.S. Export Controls Over Cloud Computing: The Forecast Calls for Change

Review of “Reframing Rights: Bioconstitutionalism in the Genetic Age”

Reviewed by: Brianne Yantz Book by: Sheila Jasanoff, et al. Abtract: Reframing Rights: Bioconstitutionalism in the Genetic Age assesses the evolving relationship between science and the law. Specifically, the authors focus on how advances in biological sciences and biotechnology in the last century have promulgated changes regarding the legal conception of life and individual rights. Told … Continue reading Review of “Reframing Rights: Bioconstitutionalism in the Genetic Age”

State of Emergency: Accessibility to Emergency Communications for the Disabled in Metropolitan Areas

By: Christopher Tommarello Abstract: An emergency situation places stress upon everyone involved, and often demands individuals work together to find a solution. Whether the victim, the rescuer, or simply a bystander, all parties are often panicked for survival and try to think quickly to right a wrong. Now, imagine trying to perform in an emergency in … Continue reading State of Emergency: Accessibility to Emergency Communications for the Disabled in Metropolitan Areas

Review of “Navigating Climate Change Policy: The Opportunities of Federalism”

Reviewed by: Carly Wolfrom Book by: Edella C. Schlager, Kristen H. Engel, and Sally Rider, eds. Because of climate change’s inherently global nature, most proposed solutions have been tailored to a global scale. Navigating Climate Change Policy: The Opportunities of Federalism challenges the idea that because climate change is a global issue, only actions on … Continue reading Review of “Navigating Climate Change Policy: The Opportunities of Federalism”

Review of “Forensic Science in Court: Challenges in the Twenty-First Century”

Reviewed by: Pete Frick Book by: Donald E. Shelton Abtract: Forensic Science in Court: Challenges in the Twenty-First Century is a book that explores the legal implications of forensic science. Starting with the history of scientific evidence in court, the book progresses into an examination of how courts treat current types of forensic evidence, specifically how … Continue reading Review of “Forensic Science in Court: Challenges in the Twenty-First Century”

Alcohol Breath Testing: Is There Reasonable Doubt?

By: Okorie Okorocha and Matthew Standmark The Alcohol breath test (ABT), commonly known by its commercial name as the “Breathalyzer,” is a device made popular in the United States and used by law enforcement agencies throughout the world to assess and determine the blood alcohol concentration (BAC) of individuals suspected of driving under the influence … Continue reading Alcohol Breath Testing: Is There Reasonable Doubt?

New Frontiers of Reprogenetics: SNP Profile Collection and Banking and the Resulting Duties in Medical Malpractice, Issues in Property Rights of Genetic Materials, and Liabilities in Genetic Privacy

By: Stephanie Sgambati Single nucleotide polymorphisms (SNPs) represent the portions of our genetic makeup where human differ from each other. Mapping an individual’s profile creates a DNA fingerprint entirely unique to that individual. The primary purpose for the creation of SNP profiles has been validation of medical techniques used in reproductive medicine that require researchers … Continue reading New Frontiers of Reprogenetics: SNP Profile Collection and Banking and the Resulting Duties in Medical Malpractice, Issues in Property Rights of Genetic Materials, and Liabilities in Genetic Privacy

The Fight for Accessible Formats: Technology as a Catalyst for a World Effort to Improve Accessibility Domestically

By: Mary Bertlesman This note addresses the proposed WIPO International Instrument on the Limitations and Exception for Persons with Print Disabilities. I conclude that the current growth in technology – making previously inaccessible works accessible – calls for a change to current domestic copyright law and that ratification of the proposed treaty should be this … Continue reading The Fight for Accessible Formats: Technology as a Catalyst for a World Effort to Improve Accessibility Domestically

Cell-Site Location Data and the Right to Privacy

By: Jen Manso Summary: This case addresses privacy rights as they relate to cell-site location data in light of the United States v. Jones decision. I argue that Jones provides little guidance and therefore cannot apply to cell-site location data for the following reasons. First, the Court did not reach the issue of cell-site location data. … Continue reading Cell-Site Location Data and the Right to Privacy

A Holistic Approach to the Digital Millennium Copyright Act

By: Ryan Mitchell Abstract: This article takes a multi-pronged approach to a single problem: reconciling the watershed Digital Millennium Copyright Act (DMCA) with copyright proper. In the past decade or so, litigants and courts have sought to define just what sort of rights the DMCA creates. Plaintiffs have emphasized technical interpretations of the statute where it … Continue reading A Holistic Approach to the Digital Millennium Copyright Act

The High Price Behind High Fashion

By: Laura Schumacher Abstract: Fashion is art. Fashion is a medium for designers to create new forms of expression and innovate ways to reflect on culture and society. Fashion is a reflection of culture, and like culture, it changes with time. It serves a utilitarian function and is part of our daily lives. Fashion is on … Continue reading The High Price Behind High Fashion

Review of “The Patent Crisis and How the Courts Can Solve It”

Book by: Dan L. Burk & Mark A. Lemley Reviewed by: Victoria E. Munian Abstract: The patent system is in a crisis. Bad patents being passed and patents being abused in court have currently made patents become ineffective. Congress has tried to find a unitary system for patents, but because different industries need patents for certain needs, … Continue reading Review of “The Patent Crisis and How the Courts Can Solve It”

Amending the Digital Divide

By Allison Landwehr Abstract: This article will scrutinize the growth and pervasiveness of the Internet with regards to the disabled community and the need for Congressman Edward Markey’s (D-MA) Twenty-First Century Communication and Video Accessibility Act to be passed. Broken into seven parts, this exposé will examine the following: I. The Internet Invasion; II. Current Status … Continue reading Amending the Digital Divide

Medical Method Patents: Treating “The Physicians’ Immunity Statute

By: Fei Hu and Aaron Mallin Abstract In order to balance the conflicts between medical method patent holders’ patent rights and physicians’ethical duty to freely exchange medical knowledge and skills, the “physicians’immunity statute” in Title 35 of the United States Code was enacted to protect physicians and health care facilities from patent infringement suits when … Continue reading Medical Method Patents: Treating “The Physicians’ Immunity Statute

Cell Phones and the Dark Deception

Reviewed by: L. Jeffrey Kelly Author: Carleigh Cooper Abstract: This book investigates the mystery behind non-ionizing microwave radiation, namely that emitted from cell phones. The discussion begins with defining the mystery and establishing provocative questions on the topic. Next, the author develops her search for answers to the questions by addressing the roles that the … Continue reading Cell Phones and the Dark Deception

The Science of Identifying People by Their DNA, A Powerful Tool for Solving Crimes, Including Cold Cases From the Civil Rights Era

By Ju-Hyun Yoo Abstract: Over fifty years ago, Emmett Till, a fourteen-year-old young black male, was found wrapped in barbed wire in a river in Mississippi. Although two white men were arrested in 1955 for his murder, they were later acquitted because members of an all-white jury did not believe that the body found in … Continue reading The Science of Identifying People by Their DNA, A Powerful Tool for Solving Crimes, Including Cold Cases From the Civil Rights Era

Biometrics, Retinal Scanning, and the Right to Privacy in the 21st Century

By Stephen Hoffman Abstract: Imagine it is the year 2030. As you walk down your street to visit your favorite coffee shop, a camera mounted at the nearest intersection tracks your movements. Through undetectable, infrared beam of light, the camera photographs the vasculature structure of your eyes and runs it against a database of known … Continue reading Biometrics, Retinal Scanning, and the Right to Privacy in the 21st Century

Open Source or Open Season?: What legal professionals need to know about open source software before dealing in corporate transactions and the ramifications of GPLv3

By Emily Prudente Abstract With the Internet’s growing ubiquity and prevalence, the use of open source software has increased and evolved rapidly. The unique licensing schemes covering open source software make it particularly intriguing from a legal perspective, and for uninformed legal professionals. Without an acute understanding of the details of these licenses, the world … Continue reading Open Source or Open Season?: What legal professionals need to know about open source software before dealing in corporate transactions and the ramifications of GPLv3

I, Robot- I, Criminal- When Science Fiction Becomes Reality: Legal Liability of AI Robots committing Criminal Offenses

By Gabriel Hallevy Abstract Can society impose criminal liability upon robots? The technological world has changed rapidly. Simple human activities are being replaced by robots. As long as humanity used robots as mere tools, there was no real difference between robots and screwdrivers, cars or telephones. When robots became sophisticated, we used to say that … Continue reading I, Robot- I, Criminal- When Science Fiction Becomes Reality: Legal Liability of AI Robots committing Criminal Offenses

Review of “Against Intellectual Monopoly”

Reviewed by: Susan C. Azzarelli Book by: Michele Boldrin & David K. Levine Summary This book asks whether patents and copyrights are essential to creation and innovation based on recent controversies in intellectual property. The authors found that a teenager being sued for “pirated” music and the inability of patients in Africa to pay for … Continue reading Review of “Against Intellectual Monopoly”

The Stem Cell Dilemma: Beacons of Hope or Harbingers of Doom?

Reviewed by: Heather Giglio Authors: LEO FURCHT & WILLIAM HOFFMAN, THE STEM CELL DILEMMA: BEACONS OF HOPE OR HARBINGERS OF DOOM? (Arcade Publishing 2008). Summary: People are intrigued by all the possibilities and hope that stem cell research has to offer. In a time where we are so technologically advanced and interested in finding cures … Continue reading The Stem Cell Dilemma: Beacons of Hope or Harbingers of Doom?

Obvious Fallacy: Improving the Standard of Obviousness for Chemical Compounds to More Accurately Reflect Common Practice In The Art

By: Alison M. Taroli Introduction Patent protection for newly discovered chemical compounds is one of the most important priorities for a successful pharmaceutical company. In order to obtain a patent, a chemical compound must be nonobvious at the time of its invention. As compared with obviousness evaluations in chemical cases, application of the law of obviousness … Continue reading Obvious Fallacy: Improving the Standard of Obviousness for Chemical Compounds to More Accurately Reflect Common Practice In The Art

Virtual Inheritance: Assigning More Virtual Property Rights

By: Olivia Y. Truong Abstract Increasingly, our daily lives revolve around and rely on the Internet and digital world. We will inevitably accumulate some amount of virtual wealth in the form of email accounts, social networking profiles, and even digital replicas (or avatars) of ourselves. As we populate the Internet with traces of our lives, … Continue reading Virtual Inheritance: Assigning More Virtual Property Rights

The FDA Safe Harbor Provision After Proveris

By: Adam Sibley Abstract The “FDA safe harbor provision,” enacted as part of the Hatch-Waxman Act and codified at 35 U.S.C. § 271(a), excepts from infringement uses of patented inventions that are solely and reasonably related to submissions to the FDA. Over the past twenty years, the Supreme Court has broadened this safe harbor to … Continue reading The FDA Safe Harbor Provision After Proveris

Sex, Privacy, and Webpages: Creating a Legal Remedy for Victims of Porn 2.0

By: Ariel Ronneburger Introduction Cecilia Barnes’ online profile included her name, workplace contact information, and nude photographs. The pictures, posted on a web page hosted by Yahoo! Inc., received so much attention that they motivated a number of men who did not know Ms. Barnes to find her at work. Given her Internet exposure, Ms. … Continue reading Sex, Privacy, and Webpages: Creating a Legal Remedy for Victims of Porn 2.0

The Supreme Court Reviews the Doctrine of Patent Exhaustion: LG Electronics v. Quanta Computer

By Philip G. Semprevio II Summary: For the past several years, the Supreme Court has been paying close attention to the patent laws and the effects those laws have on business relationships. There have been eight patent cases decided by the Supreme Court over the past five years; this trend shows no signs of stopping. … Continue reading The Supreme Court Reviews the Doctrine of Patent Exhaustion: LG Electronics v. Quanta Computer

Copyright Infringement and Bankruptcy: The Meaning Of Willful in Two Statutory Schemes

By: Caitlin McGowan Summary A single mother of two downloads twenty songs off of the Internet from a service provider. A record company sues her for willful copyright infringement alleging that she downloaded the music when she had reason to know that the songs were illegal downloads. Thus, the download of the songs was considered … Continue reading Copyright Infringement and Bankruptcy: The Meaning Of Willful in Two Statutory Schemes

When Sippy-Cups Go Bad: Making Sense of Hakim v. Cannon Avent

By Robert Sleeper Summary: The Hakim patent infringement case created a considerable confusion as patent practitioners struggle to understand the CAFC holding and the potential impact on their clients and practice. Hakim articulated limits on the inventor’s ability to broaden the scope of an invention through continuation applications. A thorough analysis of the confusing Hakim opinion … Continue reading When Sippy-Cups Go Bad: Making Sense of Hakim v. Cannon Avent

Indigenous Knowledge Systems and Intellectual Property in the Twenty-First Century: Perspectives from Southern Africa

Book Review By: Garth Mashmann Abstract: This book is a collection of papers written by South African professors regarding Indigenous Knowledge Systems and indigenous peoples’ rights to Intellectual Property protection. The articles focus on the tension between existing intellectual property regimes and indigenous knowledge systems, highlighting the fact that African concepts of ownership are significantly … Continue reading Indigenous Knowledge Systems and Intellectual Property in the Twenty-First Century: Perspectives from Southern Africa

Wired Shut: Copyright and the Shape of Digital Culture

Book Review by: Garth Mashmann Abstract: Wired Shut discusses digital rights management and its effects on culture. Throughout the book, technologies are examined in a broad context. After discussing the Internet and its foundations generally, Gillespie questions the decisions that have been made regarding the Internet. After explaining how file sharing became demonized in public … Continue reading Wired Shut: Copyright and the Shape of Digital Culture

Steal This Music: How Intellectual Property Law Affects Musical Creativity

Book Review By: Paul G. Lyons Abstract: Musicologist Joanna Demers introduces the reader to the world of transformative appropriation, where artists and arrangers borrow from other musical works. The author, through a careful study of various musicians, warns the reader of the possible negative effects of increasingly protective IP law. Her research of IP law … Continue reading Steal This Music: How Intellectual Property Law Affects Musical Creativity

Wind Power in Europe: Politics, Business and Society

Book Review By: Cristin Cavanaugh Abstract: This book provides an overview of the policy and legal aspects of wind power in Europe, through the illustration of case studies in Denmark, Germany, Spain, United Kingdom and France. About the Author: Joseph Szarka’s research and teaching concentrates on political renewal in Western democracies, with a focus on … Continue reading Wind Power in Europe: Politics, Business and Society

Innovative Synergy: Patent Protection and Cost Subsidies Working Together to Stimulate Technological Advancement

By: Dustin J. Friedland Abstract: The United States Constitution gives Congress many powers, including the powers to tax and spend for the good of the public, and the power to facilitate technological and intellectual innovation. Both of these powers are exercised in the form of incentive systems to induce certain conduct by the states and/or private … Continue reading Innovative Synergy: Patent Protection and Cost Subsidies Working Together to Stimulate Technological Advancement

Good Samaritan or Defamation Defender? Amending the Communications Decency Act to Correct the Misnomer of Section 230 . . . Without Expanding ISP Liability

By Tara E. Lynch Introduction: Falsely alleging that one has committed a crime of moral turpitude, carries a loathsome or contagious disease, or lacks integrity or ability in her trade or profession are widely recognized by lawyers and journalists as classic examples of per se defamation. Imagine, for example, two female law students walking into your … Continue reading Good Samaritan or Defamation Defender? Amending the Communications Decency Act to Correct the Misnomer of Section 230 . . . Without Expanding ISP Liability

Assessing the Legality of the President’s Terrorist Surveillance Program: Balancing the Protection of Individual Liberties Against Improving National Security Through Electronic Surveillance

By Steven J. Porizo The Terrorist Surveillance Program (TSP) is a high-tech communication signals intelligence program that we still know little about since it remains highly classified to this day. However, we do know that the TSP, by using classified and extremely cutting edge technology, “intercepts without benefit of warrant or other judicial approval, prior … Continue reading Assessing the Legality of the President’s Terrorist Surveillance Program: Balancing the Protection of Individual Liberties Against Improving National Security Through Electronic Surveillance

Out With the Old, In With the New: The FCC and the Paradox of Broadband Access Mandates

By Brian W. Murray One of the most well-known laws is one of science—for every action, there is an equal and opposite reaction. When considering recent trends in federal communications regulation, one must wonder whether the same principle is at work. For several years, the Federal Communications Commission (“FCC”) systematically eliminated longstanding regulatory requirements that … Continue reading Out With the Old, In With the New: The FCC and the Paradox of Broadband Access Mandates

Automatic License Plate Recognition: An Exciting New Law Enforcement Tool with Potentially Scary Consequences

By Tyson E. Hubbard How would you feel if your daily travels were tracked and stored in a large computer database? Presumably someone going over the raw data could figure out where you worked, where your kids went to school, where your family lived and at what stores you liked to shop. In the wrong … Continue reading Automatic License Plate Recognition: An Exciting New Law Enforcement Tool with Potentially Scary Consequences

From Turntables to Digital Technologies: Striking a Balance Between Disc Jockey Performances and Moral Rights of Musicians

By Jason R. Wachter Introduction Every night of the week club-goers wait in line for hours to get into the hottest clubs in some of the hottest cities in the world. If they are lucky enough to get past the velvet ropes and through the club doors, in a matter of minutes, they could hear … Continue reading From Turntables to Digital Technologies: Striking a Balance Between Disc Jockey Performances and Moral Rights of Musicians

Embryonic Stem Cell Research: With Suitable Regulation and Federal Funding, Life Without Serious Disease Becomes an Attainable Goal

By Laura Eleanor Gagnon Thomas Jefferson wrote that “liberty . . . is the great parent of science and of virtue; and that a nation will be great in both, always in proportion as it is free.” Generations of Americans pride themselves on being citizens of the country granting the most freedoms in the world. … Continue reading Embryonic Stem Cell Research: With Suitable Regulation and Federal Funding, Life Without Serious Disease Becomes an Attainable Goal

FiOS Content: A Good Deal or Undermining Precedent?

By Bert Kaufman In order to compete in a satellite and cable television marketplace, Verizon Internet Services has one new product to the mix of services consumers can use to get hundreds of channels into their homes. In 2005, the telecommunications giant began launching its “Verizon Fiber Optic Service” (FiOS) in select markets throughout the … Continue reading FiOS Content: A Good Deal or Undermining Precedent?

Review of “Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation”

Review by: Elliot Fruchtman Book by: Richard A. Epstein This book describes the current state of the pharmaceutical industry and discusses how current government regulations affect scientific innovation. Moreover, the author describes the advantages and disadvantages of various attempts to change the current system. In addition, the author analyzes the Vioxx litigation to illustrate his theory … Continue reading Review of “Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation”

Review of “Privacy Lost: How Technology is Endangering Your Privacy”

Review by: Catrina Sveum Book by: David H. Holtzman This book provides an overview of how advances in technology are eroding individual privacy. It explores the tension between individual civil liberties and national security. In addition to describing new threats to privacy, the book focuses on the inability of the law to protect individual privacy in … Continue reading Review of “Privacy Lost: How Technology is Endangering Your Privacy”

Review of “Global Biopiracy: Patents, Plants, and Indigenous Knowledge”

Review by: Catrina Sveum Book by:  Ikechi Mgbeoji This book provides an overview of the legal and scientific concepts involving the appropriation of plants for biotechnological purposes. The book focuses on the tension between developing nations and industrialized nations as plant resources become the subjects of patents. [view abstract] | [download PDF]

Review of “Virtually Obscene: The Case for an Uncensored Internet”

Review by: Robert Sanfilippo Book by:  Amy E. White Virtually Obscene is divided into seven chapters. Chapter 1 provides an overview of what the Internet is, describing its origin, structure, and various attempts to regulate it. Chapter 2 provides an overview of the current obscenity standards in the United States and discusses the problems therein, while … Continue reading Review of “Virtually Obscene: The Case for an Uncensored Internet”

Review of “Who Controls The Internet: Illusions of a Borderless World”

By Robert Sanfilippo This book is divided into an introduction and three main parts. The Introduction discusses the popular search engine Yahoo!, and its battles with the French Government regarding Nazi memorabilia posted on its auction website. Part 1 discusses the origin of the Internet, what the Internet entails and the major players involved in … Continue reading Review of “Who Controls The Internet: Illusions of a Borderless World”

Review of “Fake: Forgery, Lies & eBay”

By Elliot Fruchtman This book details Kenneth Walton’s involvement in fraudulent art auctions on eBay during the late 1990’s, which eventually led to his felony conviction and disbarment from the legal profession. Occurring during the early years of eBay, Walton and his associates used various tactics including “shill bidding,” deceptive descriptions, and forged paintings to … Continue reading Review of “Fake: Forgery, Lies & eBay”

What if ICANN Can’t?: Can the United Nations Really Save the Internet?

By Reece Roman Try to imagine life without the Internet. Over the last half century, the dramatic growth of the Internet has fundamentally changed the way humans shop, communicate, and entertain themselves. The Internet’s one billion users make nearly six billion searches a year. The growth of the Internet has been dramatic, with usage increasing … Continue reading What if ICANN Can’t?: Can the United Nations Really Save the Internet?

Going Straight: Whether P2P Technology can be Legitimized in the Wake of Grokster

By Eric Waldman Peer-to-peer (“P2P”) technology distributors, particularly Grokster and Streamcast Networks, will not miss the year 2005. In June of that year, the United States Supreme Court handed down one of the most anticipated copyright cases in recent memory. In MGM Studios Inc. v. Grokster, the Court held that a distributor of software may … Continue reading Going Straight: Whether P2P Technology can be Legitimized in the Wake of Grokster

The Copyright Implications of Web Archiving and Caching

By David Ray Try to imagine life without the Internet. Over the last half century, the dramatic growth of the Internet has fundamentally changed the way humans shop, communicate, and entertain themselves. The Internet’s one billion users make nearly six billion searches a year. The growth of the Internet has been dramatic, with usage increasing … Continue reading The Copyright Implications of Web Archiving and Caching

Did I Save My Seed for This? United States Intellectual Property Law, the Continuing Shift in Protection From Growers to Developers, and Some Potential Implications for Agriculture

By Ryan Crawford Advances in genetic modification techniques enable the creation of crops with commercially desirable characteristics. Recombined gene sequences may be inserted into a crop’s genome to protect it against herbicides, insects, or rodents. In the United States, a variety of patent and trade secret protections are afforded the developers of such crops and … Continue reading Did I Save My Seed for This? United States Intellectual Property Law, the Continuing Shift in Protection From Growers to Developers, and Some Potential Implications for Agriculture

Check Clearing For the 21st Century: Substitute Checks Not Sufficient In Disputes Alleging Fraud

By Lisa Wines While the use of electronic payment methods in the United States steadily increases, we still depend on paper checks more than any other industrialized nation in the world. Reliance on paper checks carries with it logistical and security limitations, which create a degree of exposure to fraud for all parties involved. As … Continue reading Check Clearing For the 21st Century: Substitute Checks Not Sufficient In Disputes Alleging Fraud

Golf Club Technology: Intellectual Property and the Counterfeiting Epidemic

By C. Bradford Jorgensen For those who enjoy the game of golf, whether you are brand new to the game or have been playing for years, the contents of this article will peak your curiosity and open your eyes. While the article does focus on intellectual property law and the obstacles that golf club manufactures … Continue reading Golf Club Technology: Intellectual Property and the Counterfeiting Epidemic

Preserving the Patent Process to Incentivize Innovation in the Global Economy

By Katherine E. White America’s ability to innovate at a rapid pace is an important factor in staying competitive in the global marketplace. Currently, one of the most powerful remedies available for non-manufacturing patentees and patent marketers is the injunction, which makes it possible to immediately stop an alleged infringer from its prohibited activities. Manufacturers … Continue reading Preserving the Patent Process to Incentivize Innovation in the Global Economy

Buying Drugs over the Internet: Who is Regulating Pharmacies on the World Wide Web

By Ann M. Alexander Summary: Today, one out of every four Americans searches the World Wide Web for health related information and prescription drug research. However, the number of Americans that purchase their pharmaceuticals over the internet still remains low. This note discusses the various types of internet pharmacies, the reasons patients utilize these entities, … Continue reading Buying Drugs over the Internet: Who is Regulating Pharmacies on the World Wide Web

America’s War on Terror Goes into Cyberspace. Will the First Amendment Prevent the Government from Giving Chase?

By Zachary M. Mattison Summary: This Note evaluates the practicality of the United States Supreme Court’s First Amendment jurisprudence in light of the crisis of the internet being used as a safe haven for terrorist communication, training, and planning. The author criticizes the modern Clear and Present Danger test and discusses the tension between the First … Continue reading America’s War on Terror Goes into Cyberspace. Will the First Amendment Prevent the Government from Giving Chase?

VoIP: A proposal for a Regulatory Scheme

By Steven C. Judge Summary: The fast-emerging technology of Voice-over-Internet-protocol (VoIP) has incited a debate over whether it should be regulated and who should be assigned the task. VoIP technology involves a blend of two industries: telephone, which has regularly been the subject of regulation, and the Internet, which has normally been left alone. The concern … Continue reading VoIP: A proposal for a Regulatory Scheme

The Baby and the Bathwater Too: A Critique of American Library Ass’n v. U.S.

By Marc H. Greenberg Obscenity law has long been marred with inconsistencies and uncertainties, and the water has only been muddied by the advent of the technical age and the multiple legislative attempts to restrict access in public libraries. Furthermore, courts have not adequately resolved the constitutionality of much of the related legislation. [view abstract] … Continue reading The Baby and the Bathwater Too: A Critique of American Library Ass’n v. U.S.

The United States’ Undisturbed Silence and the United Kingdom’s Strong Voice: Comparative Approaches to Regulation of Sex Selection

By Sheila Schwallie Some governments have already developed opinions and drafted regulations on “designer babies” as bio-technological advances are getting close to making it a reality for parents to design their babies before in vitro fertilization. In the United Kingdom, heavy regulation of sex selection has been requested while the United States has not yet … Continue reading The United States’ Undisturbed Silence and the United Kingdom’s Strong Voice: Comparative Approaches to Regulation of Sex Selection