Author Archives: dukelawtechreview

Periodic Reporting in a Continuous World: The Correlating Evolution of Technology and Financial Reporting

By: Daniel C. Rowe The evolution of technology has drastically altered what it means to be a reporting company in the eyes of the Securities and Exchange Commission. Technological development has also played a large role in the shifting trend … Continue reading

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Understanding the Backlog Problems Associated with Requests for Continued Examination Practice

By: Sean Tu One of the greatest problems facing the current patent administration is a long patent pendency period. This study focuses on Request for Continued Examination (RCE) practice, and its effects on the current patent application backlog problem. RCEs … Continue reading

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Pleading Patents: Predicting the Outcome of Statutorily Heightened Pleading Standards

By: Arjun Rangarajan The tension between an extremely barebones Federal Rules of Civil Procedure Form 18 for patent infringement lawsuits and Supreme Court case law through Twombly and Iqbal has made it difficult for courts to dismiss frivolous patent litigation … Continue reading

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The Constitutionality and Legality of Internet Voting Post-Shelby County

By: Logan T. Mohs The technological and electoral landscapes have changed drastically since the turn of the century. While it once might have made sense to view voting online as unconstitutional, as opposed to merely impractical, the expanded range of … Continue reading

Posted in Media & Communications | Tagged ,

The Case for CAPSL: Architectural Solutions to Licensing and Distribution in Emerging Music Markets

By: Cody Duncan Compulsory licensing in music has paved the way for a limited class of new noninteractive services. However, innovation and competition are stifled in the field of interactive or otherwise novel services due to high transaction costs inherent … Continue reading

Posted in Copyrights & Trademarks

What’s It Worth to Keep a Secret?

By: Gavin C. Reid, Nicola Searle, Saurabh Vishnubhakat This article is the first major study of protection and valuation of trade secrets under federal criminal law. Trade secrecy is more important than ever as an economic complement and substitute for … Continue reading

Posted in Patents & Technology | Tagged ,

Making PayPal Pay: Regulation E and its Application to Alternative Payment Services

By: Eric Pacifici In light of the growth of data breaches in both occurrence and scale, it is more important than ever for consumers to be aware of the protections afforded to them under the law regarding electronic fund transfers … Continue reading

Posted in CyberCrime

The Death of Fair Use in Cyberspace: YouTube and the Problem With Content ID

By: Taylor B. Bartholomew YouTube has grown exponentially over the past several years. With that growth came unprecedented levels of copyright infringement by uploaders on the site, forcing YouTube’s parent company, Google Inc., to introduce a new technology known as … Continue reading

Posted in Copyrights & Trademarks

Reasonable Expectations of Privacy Settings: Social Media and the Stored Communications Act

By: Christopher J. Borchert, Fernando M. Pinguelo, and David Thaw In 1986, Congress passed the Stored Communications Act (“SCA”) to provide additional protections for individuals’ private communications content held in electronic storage by third parties. Acting out of direct concern … Continue reading

Posted in eDiscovery

Tragedy of the Regulatory Commons: LightSquared and the Missing Spectrum Rights

By: Thomas W. Hazlett and Brent Skorup The endemic underuse of radio spectrum constitutes a tragedy of the regulatory commons. Like other common interest tragedies, the outcome results from a legal or market structure that prevents economic actors from executing … Continue reading

Posted in Media & Communications

Will Sony’s Fourth Playstation Lead to a Second Sony v. Universal?

By: Seth Ascher Sony has included a “share” button on the next version of their popular PlayStation video game system. This feature is meant to allow players to record and share videos of their gameplay. This service shares similarities with … Continue reading

Posted in Copyrights & Trademarks

Born This Way: How Neuroimaging Will Impact Jury Deliberations

By: Tanneika Minott Advancements in technology have now made it possible for scientists to provide assessments of an individual’s mental state. Through neuroimaging, scientists can create visual images of the brain that depict whether an individual has a mental disorder … Continue reading

Posted in Health & Biotechnology

Stopping Police in Their Tracks: Protecting Cellular Location Information Privacy in the Twenty-First Century

By: Stephen Wagner Only a small fraction of law enforcement agencies in the United States obtain a warrant before tracking the cell phones of suspects and persons of interest. This is due, in part, to the fact that courts have … Continue reading

Posted in eDiscovery

Sharing is Airing: Employee Concerted Activity on Social Media After Hispanics United

By: Ryan Kennedy Section 7 of the United States’ National Labor Relations Act allows groups of American workers to engage in concerted activity for the purposes of collective bargaining or for “other mutual aid or protection.” This latter protection has … Continue reading

Posted in Media & Communications

DMCA Safe Harbors for Virtual Private Server Providers Hosting BitTorrent Clients

By: Stephen J. Wang By the time the U.S. Supreme Court decided Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd. in 2005, Internet users around the globe who engaged in copyright infringement had already turned to newer, alternative forms of peer-to-peer filesharing. … Continue reading

Posted in Copyrights & Trademarks

Mega, Digital Storage Lockers, and the DMCA: Will Innovation Be Stifled by Fears of Piracy?

By: Ali V. Mirsaidi Kim Dotcom, founder of Megaupload Limited, has been in many news headlines over the past year. Megaupload—one of Dotcom’s many peer-to-peer sharing sites—was the center of controversy, as it allowed users to upload and share all … Continue reading

Posted in Copyrights & Trademarks

The Apple E-Book Agreement and Ruinous Competition: Are E-Goods Different for Antitrust Purposes?

By: Michael Wolfe Publishers have spent the last decade and a half struggling against falling prices for digital goods. The recent antitrust case against Apple and the major publishers highlights collusive price fixing as a potential method for resisting depreciation. … Continue reading

Posted in Copyrights & Trademarks

The Jurisprudence of Transformation: Intellectual Incoherence and Doctrinal Murkiness Twenty Years After Campbell v. Acuff-Rose Music

By: Matthew D. Bunker and Clay Calvert Examining recent judicial opinions, this Article analyzes and critiques the transformative-use doctrine two decades after the U.S. Supreme Court introduced it into copyright law in Campbell v. Acuff-Rose Music. When the Court established … Continue reading

Posted in Copyrights & Trademarks

More from the #Jury Box: The Latest on Juries and Social Media

By: Hon. Amy J. St. Eve,  Hon. Charles P. Burns, & Michael A. Zuckerman This Article presents the results of a survey of jurors in federal and state court on their use of social media during their jury service. We began … Continue reading

Posted in Media & Communications

The Resurrection of the Duty to Inquire After Therasense, Inc. v. Becton, Dickinson & Co.

By: Brandee N. Woolard Balancing a duty to a tribunal and a duty to a client can paralyze a lawyer. The task raises difficult questions about how to reconcile competing obligations as an advocate and as an officer of the … Continue reading

Posted in Patents & Technology

Carbons Into Bytes: Patented Chemical Compound Protection in the Virtual World

By: B. Thomas Watson “Virtual” molecular compounds, created in molecular modeling software, are increasingly useful in the process of rational drug design. When a physical compound is patented, however, virtual use of the compound allows researchers to circumvent the protection … Continue reading

Posted in Health & Biotechnology, Patents & Technology

In Ambiguous Battle: The Promise (And Pathos) of Public Domain Day, 2014

By: Jennifer Jenkins On the first day of each year, Public Domain Day celebrates the moment when copyrights expire, and books, films, songs, and other creative works enter the public domain, where they become, in Justice Brandeis’s words, “free as … Continue reading

Posted in Copyrights & Trademarks, Patents & Technology

After Prometheus, Are Human Genes Patentable Subject Matter?

By: Douglas L. Rogers On April 15, 2013, the U.S. Supreme Court heard oral arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. on the question, “Are human genes patentable?” This article argues that human genes are not patentable … Continue reading

Posted in Health & Biotechnology, Patents & Technology

Lack of Transparency in the Premarket Approval Process for Aquadvantage Salmon

By: Michael P. McEvilly After a lengthy premarket approval process, the Food and Drug Administration (FDA) is soon likely to deem AquAdvantage Salmon, a fast-growing, genetically engineered salmon, safe for human consumption. If approved, AquAdvantage Salmon will be the first … Continue reading

Posted in Health & Biotechnology

The Promise of Priority Review Vouchers as a Legislative Tool to Encourage Drugs for Neglected Diseases

By: Lesley Hamming Despite the intellectual property system’s success in promoting the economic well-being of the United States, this system has not achieved all socially valuable ends. Insufficient treatments are applied both to diseases endemic in developing countries, such as … Continue reading

Posted in Health & Biotechnology