Harvard Journal of Law & Technology

Headquartered in Cambridge, Mass., the Harvard Journal of Law & Technology is a law journal covering law and technology that is published quarterly by the Harvard Society for Law and Public Policy, Inc. for lawyers, law students and law professors.

Articles from Vol. 26, No. 2, Spring

Hackers, Spies, and Stolen Secrets: Protecting Law Firms from Data Theft
Table of Contents I. THE GROWING THREAT TO CONFIDENTIAL LEGAL RECORDS II. OBSTACLES TO DATA SECURITY AT LAW FIRMS A. Invisibility of the Theft B. Differential Motivation C. Security Is Expensive and Inconvenient D. Cultural Obstacles III....
"Inextricably Commingled": A Restitution Perspective in Patent Remedies
TABLE OF CONTENTS I. INTRODUCTION II. RESTITUTION AND ITS ABANDONMENT A. What is Restitution? B. The Historical Development of Patent Remedies C. The Aro Rule Against Disgorgement and the Subsequent Anti-Restitution Regime ...
Patent Privateers: Private Enforcement's Historical Survivors
V. MODERN CITIZEN SUITS Private-enforcement analogs for patent law are not limited to pre-Westphalian cousins such as privateering and qui tam. The modern administrative state has given rise to its own distinctive forms of private enforcement--most...
Physician Participation in Direct-to-Consumer Genetic Testing: Pragmatism or Paternalism?
TABLE OF CONTENTS I. INTRODUCTION II. WHAT IS DTC GENETIC TESTING, AND HOW DOES IT WORK? A. Select a Provider and Purchase a Kit B. Spit! C. Wait D. Explore the Results III. REGULATION OF THE DTC GENETICS INDUSTRY: LEGAL ...
Standards of Proof in Civil Litigation: An Experiment from Patent Law
TABLE OF CONTENTS I. Introduction II. Standards of Proof--An Overview A. The Burden of Proof B. The Role and Types of Standards of Proof C. Previous Empirical Studies 1. Survey Evidence 2. Experimental Studies III. Microsoft...
Trackers That Make Phone Calls: Considering First Amendment Protection for Location Data
TABLE OF CONTENTS I. INTRODUCTION II. THE USE OF LOCATION DATA IN SURVEILLANCE A. The Explosion in Cell Phone Surveillance B. The Forms of Mobile Location Data 1. Historical Location Data 2. Active, Prospective Location Data ...
Trademarks as Search Engine Keywords: Much Ado about Something?
TABLE OF CONTENTS I. INTRODUCTION II. BACKGROUND ON THE ISSUES A. Overview B. Search Engine Output Architecture and Labeling C. Keyword Auctions D. Search Engine Policies Regarding Trademark Usage 1. United States 2. European...
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