Journal of Law, Technology and the Internet

Articles

Vol. 9, Annual

Blockchain Technology: An Interconnected Legal Framework for an Interconnected System
INTRODUCTION On October 31, 2008, Satoshi Nakamoto, following his vision to create a purely peer-to-peer version of electronic cash, published a paper (1) developing a protocol for digital cash that used Bitcoin. Bitcoin is a digital cryptocurrency;...
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From Alice to Bob: The Patent Eligibility of Blockchain in a Post-Cls Bank World
Table of Contents INTRODUCTION 3 I. BACKGROUND 6 A. BITCOIN 7 B. BLOCKCHAIN ...
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Privacy and Outrage
INTRODUCTION It is not an understatement that technology has dramatically altered virtually every aspect of our life in recent years. While technology has always driven change, these changes are occurring more rapidly and more extensively than ever...
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Regulating Decentralized Cryptocurrencies under Payment Services Law: Lessons from European Union Law
INTRODUCTION Not long ago, it was acceptable to define a cryptocurrency as digital peer-to-peer currency created by cryptography (1). But such a definition is no longer universally valid because despite the fact that the term currency appears in...
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The Modern Trolley Problem: Ethical and Economically-Sound Liability Schemes for Autonomous Vehicles
I. INTRODUCTION The automobile fundamentally altered the way people travel by replacing the horse with the engine; "autonomous vehicles" are in a position to make the same transformation by replacing human drivers with computer algorithms and sensors....
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Vol. 8, Annual

Misappropriation of Genetic Resources in Africa: A Study Of: Pentadiplandra Brazzeana, Impatiens Usambarensis, and Combretum Micranthum
INTRODUCTION The implementation of the patent system sought to foster innovation in fields that would yield the most public benefit, by offering the innovator an exclusive property right. A patent imparts on its owner a right to exclude others from...
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Ready, Print, Fire! Regulating the 3d-Printing Revolution
INTRODUCTION On May 3, 2013, the first completely plastic 3D-printed gun was fired. (1) It was printed with a melted polymer material on an $8,000 printer. (2) The gun fired one shot and then exploded into shards. (3) Less than three weeks later...
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Self-Driving Cars: On the Road to a New Regulatory Era
INTRODUCTION Self-driving cars shatter the schism between federal and state safety regulations for automobiles in the United States. The federal government, through the U.S. Department of Transportation (DOT) National Highway Traffic Safety Administration...
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Vol. 7, Spring

The First Amendment as Killer App
INTRODUCTION It's not just Black Lives Matter. It's #BlackLivesMatter. The hashtag is silent. The protests that swept the nation last year began through Facebook and Twitter, organized via a hashtag. The hashtag allowed individuals who did not...
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The New Retail Experience and Its Unaddressed Privacy Concerns: How Rfid and Mobile Location Analytics Are Collecting Customer Information
INTRODUCTION Americans love to shop. Shoppers can shop in any platform, at any time, and anywhere to get just about anything they want. The fashion industry has been at the forefront of customizing the customer experience, (1) and the emergence...
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When Real People Become Fictional: The Collision of Trademark, Copyright, and Publicity Rights in Online Stories about Celebrities
INTRODUCTION "The Social Network" is a movie from 2010 allegedly about the creation of Facebook. It tells the story of real-life person Mark Zuckerberg, his friend Eduardo Saverin, and other assorted real-life characters that were part of the Facebook...
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Hashing It Out: Problems and Solutions concerning Cryptocurrency Used as Article 9 Collateral
INTRODUCTION This paper is intended to provide a general overview of what cryptocurrency is, why it can be useful for secured lenders to utilize it as collateral, and how that might be accomplished both now and in the future. The scope of this paper...
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What's in Your Wallet? Addressing the Regulatory Grey Area Surrounding Mobile Payments
INTRODUCTION Of the 87% of the United States Population that owns a mobile phone, 71% have internet-enabled smartphones. (1) Nearly 1/3 of mobile phone owners made purchases with their phones in 2012, and in the same year, consumers spent over $20...
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Alice: The Status Quo or Total Chaos?
INTRODUCTION On June 19, 2014 the Supreme Court handed down a highly important opinion discussing what is considered patentable subject matter in the United States. The case, Alice Corporation v. CLS Bank International, (1) involved a group of patents...
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Friend Request Denied: Judicial Ethics and Social Media
INTRODUCTION A family court judge accepts a Facebook friend request from a social worker that regularly appears before him. A trial court judge endorses on LinkedIn the skills of a former law clerk. A juvenile court judge Facebook friends young...
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Fall

Addressing Cyber Harassment: An Overview of Hate Crimes in Cyberspace
INTRODUCTION It is an auspicious time to discuss cyber harassment and cyber stalking. When I began writing about cyber harassment in 2007, it was dismissed as a part of the bargain of online life. Although the abuse often involved threats, defamation,...
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More Harm Than Good? Why Schools Who Take a Zero-Tolerance Stance on Cyberbullying Cause More Problems Than Solutions
INTRODUCTION Bullying (1) is not a new phenomenon. Bullying, like many other aspects of society, has changed over time due to new technologies. The creation of the Internet, smartphones, and social networking has created a new form of bullying,...
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The FDA Guidance Document for Medical Mobile Apps and Its Impact on Innovation: Bringing the Promise of a New Way to Look at Medicine Closer, or Pushing It Further?
INTRODUCTION Six years after the launch of the iPhone, it is almost impossible to conceive what our lives would be like without our mobile devices. (1) And, regardless of your field of interest, chances are "there's [at least] an app for that."...
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Computer Fraud and Abuse or Prosecutorial Fraud and Abuse: Time for Change
INTRODUCTION On January 11, 2013, Aaron Swartz hung himself. (1) Swartz was 26, and despite his youth, was already a well-known and accomplished programmer. Most notably, Swartz helped develop Creative Commons, and his company Infogami merged with...
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Fracking Fad: The Morally Ambiguous Method of Extraction and the Trade Secret Protections of Its Chemical Formulas
INTRODUCTION Hydraulic fracturing, more commonly known as "fracking," is the "process in which fractures in rocks below the earth's surface are opened and widened by injecting chemicals and liquids at high pressure: used especially to extract natural...
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The Right to Be Forgotten: A Step in the Right Direction for Cyberspace Law and Policy
I. BACKGROUND AND IMPLEMENTATION In 2010, a Spanish citizen filed a complaint against Google Spain and Google Inc., arguing that an auction notice of his repossessed home on Google's search results violated his privacy rights because the repossession...
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Vol. 5, Spring

A Step Back for Turkey, Two Steps Forward in the Repatriation Efforts of Its Cultural Property
INTRODUCTION The illicit trade of cultural property remains a pervasive problem for the international community. (1) The battle over the ownership of cultural property is typically waged between countries of origin and foreign museums. The countries...
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RESCUING ACCESS TO PATENTED ESSENTIAL MEDICINES: PHARMACEUTICAL COMPANIES AS TORTFEASORS under the Prevented Rescue Tort Theory
INTRODUCTION Every year many Americans are unable to access essential medicines. (1) Some are lucky enough to have limited access, but even "[m]any [of those] people, especially retirees with chronic illnesses, have long resorted to splitting pills...
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The Exclusive Economic Zone: A 'No-Man's Land' for United States Patent Law
INTRODUCTION A patent is the legal right of an inventor to exclude others from "making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States." (1) The inventor's exclusionary...
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Hanging Up Too Early: Remedies to Reduce Robocalls
INTRODUCTION Despite the prevalence of the National Do Not Call Registry, telemarketing still plagues millions of Americans. "Rachel" from "Cardholder Services" has a constant presence in American homes. Inevitably, "Rachel," a theoretical representative...
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Federalism in the Financing of 911 Emergency Call Services: Nature of the Federal-State Funding Arrangement to Finance Next Generation (Ng) 911 Services
INTRODUCTION State Enhanced (E) 911 systems currently only provide emergency call services to wireline and wireless subscribers who request 911 emergency call (911 call) services by voice calls only from municipal, county and regional 911 emergency...
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Antiquity Meets the Modern Age: Ebay's Potential Criminal Liability for Counterfeit and Stolen International Antiquity Sales
INTRODUCTION Antiquities and cultural property--authentic, fake, legitimate, and stolen--have been sold internationally for centuries. (1) The number of these sales has drastically increased with the advent of Internet sales platforms. (2) The proliferation...
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#Wedemandchange: Amending International Olympic Committee Rule 40 for the Modern Olympic Games
INTRODUCTION Many commentators dubbed the 2012 London Summer Olympic Games ("London Games") the "Twitter Games." (1) With over 150 million Olympic-related Tweets in just sixteen days, the International Olympic Committee ("IOC") basked in the glow...
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Nowhere to Hide: Ending Anonymity in the Fight against Human Trafficking
The current legal framework for combating human trafficking for sexual exploitation is reviewed noting its strengths and weaknesses. Next, the Palermo Protocol is evaluated to determine which legal weaknesses are now adequately addressed and which...
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The Use and Abuse of Patents in the Smartphone Wars: A Need for Change
INTRODUCTION The first smartphone was introduced in 1992. (1) Its name was Simon, it had a touch screen, and for $899, its owner could enjoy 30 to 60 minutes of battery life to make calls, fax, e-mail, compute, and even play a game called Scramble....
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The Use of Technology Transfers to Promote Domestic Innovation of Climate Change Technologies in China
This Comment analyzes how technology transfer of climate change technologies to China has taken place and whether such transfers have promoted indigenous innovation. Interestingly, China is the leading recipient of climate change transfers and the...
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Vol. 4, No. 2, Winter

Cyber-Terrorism: Finding a Common Starting Point
INTRODUCTION "If I had an hour to save the world I would spend 59 minutes defining the problem and one minute finding solutions. " (1) On January 5, 2012, an Eastern District of Virginia grand jury indicted seven individuals and two corporations,...
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FCC V. Fox: A Decision That Does Little to Clear the Air in Regulation of Fleeting Expletives in News Broadcasts
A broadcast reporter is embedded in Afghanistan. During his live, on-air interview of an American general, a grenade explodes nearby, and the general drops a four-letter bomb of his own. The Federal Communications Commission ("FCC") levies a $73 million...
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Crowdfunding: Fleecing the American Masses
I. INTRODUCTION As the United States economy continues to sputter along like a beat-up station wagon, politicians in Washington are searching for new ways to boost its prospects. Many, including President Barack Obama, look to small business growth...
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Personal Health Information Shared Via Social Networking: The Gap between Reality and Protection
INTRODUCTION Tom is a social networking user. (2) He restricted his privacy settings so that only a small group of his "friends" could see his postings. These postings included a discussion of his struggles with diabetes. Without warning, the site...
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Hit Losers: The Good (Faith) Fight for Net-Profits Payments from Blockbuster Hollywood Productions
Max Bialystock: You were saying that, under the right circumstances, a producer could make more money with a flop than he could with a hit. Leo Bloom: Yes. It's quite possible. Max Bialystock: You keep saying that, but you don't say how! Leo...
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Recognizing the Importance of Intrabrand Competition in High Technology Markets: The Problem with Large Retailors & Vertical Territorial Restraints
I. INTRODUCTION The current antitrust regime places a premium on interbrand competition. (1) Interbrand competition is competition between brands, (2) such as Apple competing with Google in the smartphone market. (3) Intrabrand competition is, on...
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Censorship and Surveillance in the Global Information Age: Are Telecommunications Companies Agents of Suppression or Revolution?
The Internet is a wild land with its own games, languages and gestures through which we are starting to share common feelings --Ai Weiwei (1) If you want to liberate a society, just give them the Internet --Wael Ghonim (2) INTRODUCTION As global...
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Vol. 4, No. 1, Fall

Responding to Self-Produced Child Pornography: Examining Legislative Successes and Shortcomings to Reach an Appropriate Solution
I. INTRODUCTION Inevitably, technological advancements present novel legal issues: this is not a new concept. (1) The past decade has seen vast growth in the use of computers and cellular telephones, and with it, a growing abyss of novel legal issues...
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Do ROBOMEMOS DREAM OF ELECTRIC NOUNS? A SEARCH FOR THE SOUL OF LEGAL WRITING
In Philip K. Dick's dystopian novel about the aftermath of a devastating nuclear war, most humans have left Earth to live on other planets where much of the work is done by increasingly more lifelike androids. These androids sometimes seek to return...
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The Sound of Silence: The Legality of the American "Kill Switch" Bill
In today's culture, many of our daily interactions depend on the Internet. Internet connectivity empowers us to engage in commerce, contact faraway relatives, or even find a future spouse. This begs the question: To what extent can the government of...
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Autonomous Cars and Tort Liability
I. INTRODUCTION Imagine jumping into your car after a long day of work, entering your address into the car's computer, and falling asleep while the car navigated its way to your home. According to Nady Boules, General Motor's Director of the Electrical...
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Drone Strikes on Citizens: Ensuring Due Process for U.S. Citizens Suspected of Terrorism Abroad
I. INTRODUCTION The horrific events of September 11, 2001 and the ensuing War on Terror have ushered in an era rife with legal dilemmas, but few definitive answers. One of the areas the United States has struggled with is how to treat U.S. citizens...
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Searching the Clouds: Why Law Enforcement Officials Need to Get Their Heads out of the Cloud and Obtain a Warrant before Accessing a Cloud Network Account
I. INTRODUCTION Cloud computing is the newest big thing in remote computing technology. It allows a user to store his files and media on distant remote servers, the "cloud," in lieu of saving his materials to his local, personal hard drive. (1)...
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Saving the Spotify Revolution: Recalibrating the Power Imbalance in Digital Copyright
INTRODUCTION When Spotify reached the U.S. market in mid-2011, commentators acclaimed that "the future of music" was here. (2) Finally, legal access to a nearly unlimited catalog of music had become possible. (3) Although sharing many of the same...
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Parol Metadata: New Boilerplate Merger Clauses and the Admissibility of Metadata under the Parol Evidence Rule
INTRODUCTION How does metadata (1) interact with the parol evidence rule? The parol evidence rule often determines the success or failure of contract litigation by excluding evidence extrinsic to a final, integrated writing. Metadata is neither...
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Vol. 3, No. 2, Spring

"Hostile Learning Environment": Developing Student Speech Regulation by Applying the Hostile Work Environment Analysis to Cyberbullying
INTRODUCTION Lindsey is a sixteen-year-old sophomore who logs onto her Facebook (1) page once she gets home from school. Lindsey updates her status and writes on her Facebook wall, "Amy is a fat cow. Don't ever talk to that cow, just tell her MOO."...
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Antitrust and Patent License Agreements: A New Look at the Grantback Clause in High Technology Markets
INTRODUCTION Since the early 1990s, high technology has been a significant driver of economic growth in the United States. (2) Businesses are increasingly turning to patented technology and innovation to streamline operations, boost output, or reach...
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Mass File Sharing Lawsuits: Legalized Extortion or Valid Defense of Copyright?
Since the days of Napster, peer to peer (P2P) file sharing has become ubiquitous and has ushered in an era of rampant digital piracy. (1) The most popular P2P file sharing protocol, BitTorrent, is the second-largest consumer of bandwidth in North America,...
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Is Wikileaks a Hit Man Handbook? Why Wikileaks Cannot Claim First Amendment Immunity If the Afghan and Iraq War Logs Cause Physical Harm
INTRODUCTION On July 25, 2010 WiMLeaks.org ("WikiLeaks") released almost 70,000 classified U.S. military documents on to its website, detailing American operations in Afghanistan (the "Afghan War Logs"). (2) While the Afghan War Logs comprised only...
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The Parable of the Non-Planting Entity and the Apple Tree: Understanding the Role of Non-Practicing Entities
INTRODUCTION Non-practicing entities ("NPEs"), pejoratively referred to as "patent trolls," are controversial. (1) A "patent troll" is commonly defined as an entity that licenses and enforces patents, but does not produce any goods. (2) Critics...
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More Money, More Problems: The Bitcoin Virtual Currency and the Legal Problems That Face It
"How pale is the art of sorcerers, witches, and conjurors when compared with that of the government's Treasury Department!" - Ludwig von Mises (1) INTRODUCTION What is Money? The answer to this...
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United States V. Jones: Reviving the Property Foundation of the Fourth Amendment
On January 23, 2012, in United States v. Jones, (1) the United States Supreme Court handed down the surprisingly unanimous opinion that the warrantless attachment of a GPS tracking device to a private automobile violated the Fourth Amendment. Just...
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Vol. 3, No. 1, Fall

The Warrantless Use of GPS Tracking Devices: Fourth Amendment Protection Restored through Application of an Analytical Framework
INTRODUCTION Law enforcement's use of Global Positioning System (GPS) devices continues to expand as the technology gains recognition as an efficient, accurate, and inexpensive method to monitor a suspect's public movement in automobiles. (1) Federal...
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When Everyone Is the Judge's Pal: Facebook Friendship and the Appearance of Impropriety Standard
INTRODUCTION In April of 2010, Facebook announced that it had 500 Million users. (2) Ten years prior, the Internet itself had a smaller subscribership. (3) It is apparent now more than ever that Facebook, like the Internet, is here to stay. It is...
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Wisdom of the Ages or Dead-Hand Control? Patentable Subject Matter for Diagnostic Methods after in Re Bilski
In 1980, the Supreme Court gave a reassuring signal to the then-nascent biotechnology industry about the availability of patent protection for the fruits of its research when it upheld the patentability of a genetically modified living organism in...
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The Selfish Patent
INTRODUCTION What is patentable in the United States, according to statute, dates back to the first United States Patent Act of 1790. The provisions of the U.S. patent code contain nothing specific about patenting living organisms; late nineteenth-century...
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Are Technical Difficulties at the Supreme Court Causing a "Disregard of Duty"?
INTRODUCTION If you are in America and not yet acquainted with cell phones, computers and the Internet, you must have spent the past decade under a rock--or be a member of the United States Supreme Court. Supreme Court Justices lately have displayed...
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To Disclose or Not to Disclose: Why the United States Properly Adopted the European Model for Third-Party Participation during Patent Prosecution
INTRODUCTION The United States currently suffers from a severe backlog of patent applications (1) at the United States Patent and Trademark Office ("USPTO") (2) The USPTO examiners cannot keep up with the amount of patent applications filed, and...
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2 Obscenity Standards, 1 Neat Solution: How Geotargeting Extends Traditional Obscenity Law to the Internet
INTRODUCTION: "2 GIRLS 1 CUP" AND THE LINE BETWEEN LEGAL EROTICISM AND ILLEGAL OBSCENITY Indecency, vulgarity, obscenity--these are strictly confined to man; he invented them. Among the higher animals there is no trace of them. (1) - Mark Twain ...
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Vol. 2, No. 2, Spring

The Short-Sighted Value of Inefficiency: Why We Should Mind the Gap in the Reimbursement of Outpatient Prescription Drugs
INTRODUCTION Recent settlement agreements between the federal government and major pharmaceutical companies, totaling over $2 billion recovered, (2) illustrate a significant problem in the current federal healthcare system: the improper payment...
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The Rise of the Producer-Novelist: Shifting Perceptions of Authorship in Transmedia Publishing
INTRODUCTION In October 2006, Running Press Kids, an imprint of Perseus Books, published the novel Cathy's Book: If Found Call 650-266-8233, written by co-authors Jordan Weisman and Sean Stewart. (1) When confronted with the book's title, the reader...
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Protect America by Being Unique: How Changes in Biometric Data Collection Procedures Can Improve Us-Visit
INTRODUCTION Since 2004, the Department of Homeland Security ("DHS") has used biometric data technology to identify virtually all foreign citizens entering the United States. (1) United States Visitor and Immigrant Status Indicator Technology, (2)...
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Youth and Organizing: Why Unions Will Struggle to Organize the Millennials
INTRODUCTION When enacted in 1935, the National Labor Relations Act (2) ("NLRA") drastically altered the relationship between management and workers (3) by opening America's businesses to unions and ushering in an unprecedented era of solidarity...
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Shouting Fire in a Burning Theater: Distinguishing Fourth Estate from Fifth Column in the Age of Wikileaks
Kicked up from the seabed, the tsunami amplified in size and slowed in speed as it moved into the shallows beside the Japanese coastline, and by the time it touched land it was a wall of water, black and smooth. It was as tall in places as a three-story...
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Vol. 2, No. 1, Winter

Defamation or Discourse? Rethinking the Public Figure Doctrine on the Internet
INTRODUCTION Freedom of speech is one of the core liberties guaranteed to our citizens, immortalized in the Constitution and fiercely defended throughout history. This freedom has traditionally included expression through print, speech and even...
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Reverse Payments: When the Federal Trade Commission Can Attack the Validity of Underlying Patents
INTRODUCTION Settlements between brand-name and generic pharmaceutical companies that delay generic entry into the market are estimated to cost American consumers $35 billion over the next ten years. (1) With spiraling healthcare costs and an aging...
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Collateral Damage: Insecurity Assets in the Rising Virtual Age of E-Commerce
INTRODUCTION Virtual worlds are computer-based, simulated environments that incorporate real-world representations of objects into an interface where users can interact with one another, typically through the use of an "avatar" (1) that is graphically...
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Pay per Click: Keyword Advertising and the Search for Limitations of Online Trademark Infringement Liability
INTRODUCTION Search engines, led by the world's most prominent search engines, led by the world's most prominent search engine, Google, (1) are revolutionizing the way that the general public accesses all types of information and content. These...
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Vol. 1, No. 2, Spring

Battery 2.0: Upgrading Offensive Contact Battery to the Digital Age
Table of Contents I. INTRODUCTION II. BATTERY ELEMENTS AND APPLICATION TO CYBER-BATTERY TORT A. Act B. Intent C. Offensive Touching D. Causation E. Lack of Consent F. Lack of Privilege G. Damages III. PSYCHOLOGY--ESTABLISHING "OFFENSIVE"...
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A Comparative Analysis of California's Right of Publicity and the United Kingdom's Approach to the Protection of Celebrities: Where Are They Better Protected?
Table of Contents I. INTRODUCTION II. HISTORY OF THE RIGHT OF PUBLICITY IN THE UNITED STATES A. Origins: Right of Privacy B. Technological Advances and the Recognition of Commercial Exploitation C. Prosser and Birth of the Right of Publicity...
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Opening the Doors to Digital Libraries: A Proposal to Exempt Digital Libraries from the Copyright Act
Table of Contents I. INTRODUCTION II. THE PURPOSE OF COPYRIGHT LAW IN THE U.S III. COPYRIGHT LAW AND DIGITAL LIBRARIES A. The Google Books Project B. How Google Books Works C. Opt-In vs. Opt-Out Systems D. International Analysis of Orphaned...
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Claiming the Glass Slipper: The Protection of Folklore as Traditional Knowledge
Table of Contents I. INTRODUCTION II. DEFINING FOLKLORE III. FOLKLORE AS TRADITIONAL KNOWLEDGE A. The Convention on Biological Diversity B. Folklore Protection Under the TRIPS Agreement C. WIPO Committee Sessions on Folklore IV. AUTHORSHIP...
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Better Access to Medicines: Why Countries Are Getting "Tripped" Up and Not Ratifying Article 31-Bis
Table of Contents I. INTRODUCTION II. WHILE TRIPS ARTICLE 31(F) PREVENTS COUNTRIES FROM GRANTING COMPULSORY LICENSES IN CERTAIN SITUATIONS, ARTICLE 31-BIS ELIMINATES SOME OF THESE RESTRICTIONS A. A Compulsory License is a Government Grant to Use...
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Social Networking Sites: A Reasonably Calculated Method to Effect Service of Process
Table of Contents I. INTRODUCTION II. COMPLIANCE WITH DUE PROCESS UNDER MULLANE TRADITIONAL AND MODERN METHODS OF SERVICE A. Notifying a Defendant of a Lawsuit to Satisfy Due Process B. The Mullane Standard C. Post-Mullane Cases D. Traditional...
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