Author Archives: dukelawtechreview

Police Body Worn Cameras and Privacy: Retaining Benefits While Reducing Public Concerns

By: Richard Lin Recent high-profile incidents of police misconduct have led to calls for increased police accountability. One proposed reform is to equip police officers with body worn cameras, which provide more reliable evidence than eyewitness accounts. However, such cameras … Continue reading

Posted in Uncategorized

The Silence After the Beep: Envisioning an Emergency Information System to Serve the Visually Impaired

By: Elana R. Reman Due to a series of legal and regulatory setbacks, media accessibility regulations for consumers who are blind and visually impaired have lagged significantly behind those for deaf individuals. Until April 2014, when the Federal Communications Commission’s … Continue reading

Posted in Media & Communications

The Frontiers of Peer-to-Peer Lending: Thinking About a New Regulatory Approach

By: William S. Warren The growth of online alternative lending presents several advantages for both those seeking credit and those with excess capital to lend. Over the past decade, several different models of peer-to-peer lending have emerged in the US … Continue reading

Posted in eCommerce, Securities Law, Technology and Financial Reporting | Tagged

The NLRB’s Purple Communications Decision: Email, Property, and the Changing Patterns of Industrial Life

By: Josh Carroll On December 11th, 2014, in a much-anticipated case, the National Labor Relations Board (“NLRB”) held in a 3-2 decision that employees with access to an employer’s email system had a presumptive right to use that email system … Continue reading

Posted in Media & Communications, Uncategorized | Tagged ,

Informational Inequality: How High Frequency Traders Use Premier Access to Information to Prey on Institutional Investors

By: Jacob Adrian In recent months, Wall Street has been whipped into a frenzy following the March 31st release of Michael Lewis’ book “Flash Boys.” In the book, Lewis characterizes the stock market as being rigged, which has institutional investors … Continue reading

Posted in Science & Technology, Securities Law, Uncategorized | Tagged ,

Legal Nature of Emails: A Comparative Perspective

By: Edina Harbinja There is currently a conflict between laws and the market in their treatment of email. Laws mandate that emails are not protected as property unless copyrightable or protected by another legal mechanism. But the market suggests that … Continue reading

Posted in Copyrights & Trademarks, Media & Communications | Tagged , , ,

Weathering the Nest: Privacy Implications of Home Monitoring for the Aging American Population

By: Jillisa Bronfman The research in this paper will seek to ascertain the extent of personal data entry and collection required to enjoy at least the minimal promised benefits of distributed intelligence and monitoring in the home. Particular attention will … Continue reading

Posted in Patents & Technology, Uncategorized | Tagged

The Red Dawn of Geoengineering: First Step Toward an Effective Governance for Stratospheric Injections

By: Edward J. Larson A landmark report by the National Academy of Sciences (NAS) issued in 2015 is the latest in a series of scientific studies to assess the feasibility of geoengineering with stratospheric aerosols to offset anthropogenic global warming … Continue reading

Posted in Science & Technology, Uncategorized | Tagged , ,

Aereo and Internet Television: A Call to Save the Ducks (A La Carte)

By: Pooja Patel If it looks like a duck, swims like a duck, and quacks like a duck, it is probably a duck. The most recent U.S. Supreme Court decision regarding the Copyright Act employed this “duck test” when determining … Continue reading

Posted in Copyrights & Trademarks, Intellectual Property, Media & Communications, Uncategorized | Tagged ,

Riley v. California and the Stickiness Principle

By: Steven I. Friedland In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together by vocabulary and fact, creating a ‘Stickiness Principle.’ In particular, form and function historically were considered indistinguishable, not as separate factors. … Continue reading

Posted in Science & Technology, Uncategorized | Tagged , , , ,

Frand v. Compulsory Licensing: The Lesser of the Two Evils

By: Srividhya Ragavan, Brendan Murphy, and Raj Davé This paper focuses on two types of licenses that can best be described as outliers—FRAND and compulsory licenses. Overall, these two specific forms of licenses share the objective of producing a fair … Continue reading

Posted in Intellectual Property, Patents & Technology, Uncategorized | Tagged ,

Noriega v. Activision/Blizzard: The First Amendment Right to Use a Historical Figure’s Likeness in Video Games

By: Joshua Sinclair Panama’s former dictator, Manuel Noriega, recently sued Activision Blizzard in the California Superior Court for using his likeness and image in the popular video game “Call of Duty: Black Ops II.” In his complaint, Noriega alleged that … Continue reading

Posted in Media & Communications, Uncategorized | Tagged , , ,

The Evolution of Giving: Considerations for Regulation of Cryptocurrency Donation Deductions

By: Ashley Pittman This Issue Brief looks at the rapidly growing area of cryptocurrency donations to nonprofit organizations. Given the recent IRS guidance issued on taxation of Bitcoin, specifically its decision to treat cryptocurrencies as property, questions now arise as … Continue reading

Posted in eCommerce, Uncategorized | Tagged ,

Authenticity and Admissibility of Social Media Website Printouts

By: Wendy Angus-Anderson Social media posts and photographs are increasingly denied admission as evidence in criminal trials. Courts often cite issues with authentication when refusing to admit social media evidence. Cases and academic writings separate recent case law into two … Continue reading

Posted in Media & Communications, Uncategorized | Tagged , ,

The FTC Has a Dog in the Patent Monopoly Fight: Will Antitrust’s Bite Kill Generic Challenges?

By: Jennifer D. Cieluch Antitrust laws have been notoriously lenient in the patent realm, the underlying reason being that patents’ grant of exclusion create monopolies that defy antitrust laws in order to incentivize innovation. Thus, antitrust violations have rarely been … Continue reading

Posted in Antitrust, Intellectual Property, Patents & Technology | Tagged ,

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

Posted in Technology and Financial Reporting | Tagged ,

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

Posted in Patents & Technology | Tagged , , ,

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

Posted in Patents & Technology | Tagged , ,

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