Author Archives: dukelawtechreview

Flying Under the Radar: Low-Altitude Local Drone Use and the Reentry of Property Rights

By: Kenneth Maher The characteristics and capabilities of civilian drones have proliferated in recent years, giving rise to a burgeoning industry. The popular media and academic literature have predominantly focused on privacy concerns, devoting considerably less attention to the regulatory … Continue reading

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Copyright Severability: The Hurdle Between 3D-Printing and Mass Crowdsourced Innovation

By: Alan Fu 3D-printing is gradually becoming widely accessible to the population, and with accessibility come enthusiasm, participation, and ingenuity. Its continued development reflects a potential surge in technological advancement, bestowing on any person with a computer and the right … Continue reading

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Putting Fair Use on Display: Ending the Permissions Culture in the Museum Community

By: Rosemary Chandler Digital technologies present museums with tremendous opportunities to increase public access to the arts. But the longstanding “permissions culture” entrenched in the museum community—in which licenses are obtained for the use of copyrighted materials regardless of whether … Continue reading

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Unprotected and Unpersuaded: The FCC’s Flawed Merger Review Procedures

By: Trey O’Callaghan In CBS Corporation v. FCC, the D.C. Circuit struck down the Federal Communication Commission’s rules for protecting confidential information that it collects during certain merger proceedings. In response, the Commission released a new order, pursuant to the … Continue reading

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ICRC, NATO and the U.S. – Direct Participation in Hacktivities – Targeting Private Contractors and Civilians in Cyberspace Under International Humanitarian Law

By: Ido Kilovaty Cyber-attacks have become increasingly common and are an integral part of contemporary armed conflicts. With that premise in mind, the question arises of whether or not a civilian carrying out cyber-attacks during an armed conflict becomes a … Continue reading

Posted in CyberCrime, International

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

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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

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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

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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

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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

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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

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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

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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

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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

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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