Author Archives: dukelawtechreview

Outer Space: The Final Frontier or the Final Battlefield?

By: Emily Taft Current law concerning the militarization and weaponization of outer space is inadequate for present times. The increased implementation of “dual-use” space technologies poses obstacles for the demilitarization of space. This paper examines how far the militarization of … Continue reading

Posted in International, Science & Technology, Space Law | Tagged

Embryos as Patients? Medical Provider Duties in the Age of CRISPR/Cas9

By: G. Edward Powell III The CRISPR/Cas9 genome engineering platform is the first method of gene editing that could potentially be used to treat genetic disorders in human embryos. No past therapies, genetic or otherwise, have been intended or used … Continue reading

Posted in Health & Biotechnology, Science & Technology | Tagged ,

Damned Lies & Criminal Sentencing Using Evidence-Based Tools

By: John Lightbourne The boom of big data and predictive analytics has revolutionized business. eHarmony matches customers based on shared likes and expectations for romance, and Target uses similar methods to strategically push its products on shoppers. Courts and Departments … Continue reading

Posted in Data Analytics | Tagged

The Licensing Function of Patent Intermediaries

By: John E. Dubiansky The contemporary patent marketplace is a complex ecosystem comprised of innovators and manufacturers who are often connected by a varied group of intermediaries. While there are a variety of intermediary business models—such as patent assertion entities … Continue reading

Posted in Intellectual Property, Patents & Technology | Tagged

Seeking Rights, Not Rent: How Litigation Finance Can Help Break Music Copyright’s Precedent Gridlock

By: Glenn E. Chappell Since its inception, litigation finance has steadily grown in prevalence and popularity in the United States. While many scholars have examined its merits, few have considered litigation finance specifically in the context of copyright law. This … Continue reading

Posted in Copyrights & Trademarks, Intellectual Property | Tagged

Increasing Copyright Protection for Social Media Users by Expanding Social Media Platforms’ Rights

By: Ryan Wichtowski Social media platforms allow users to share their creative works with the world. Users take great advantage of this functionality, as Facebook, Instagram, Flickr, Snapchat, and WhatsApp users alone uploaded 1.8 billion photos per day in 2014. … Continue reading

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

Law Firm Cybersecurity: The State of Preventative and Remedial Regulation Governing Data Breaches in the Legal Profession

By: Madelyn Tarr With the looming threat of the next hacking scandal, data protection efforts in law firms are becoming increasingly crucial in maintaining client confidentiality. This paper addresses ethical and legal issues arising with data storage and privacy in … Continue reading

Posted in CyberCrime, Media & Communications | Tagged

The Dawn of Fully Automated Contract Drafting: Machine Learning Breathes New Life Into a Decades-Old Promise

By: Kathryn D. Betts and Kyle R. Jaep Technological advances within contract drafting software have seemingly plateaued. Despite the decades-long hopes and promises of many commentators, critics doubt this technology will ever fully automate the drafting process. But, while there … Continue reading

Posted in Science & Technology | Tagged

SEC Reporting Requirements for Publicly Traded Companies Should Not be Expanded Despite Advancements in Information Technology

By: Lindsey Kell Advancements in information technology allow information to be collected and analyzed quickly within a corporation. As a result, technology also allows the quicker release of information to the Securities Exchange Commission (SEC)—much quicker than the Form 10-K … Continue reading

Posted in Securities Law, Technology and Financial Reporting | Tagged

Websites as Facilities Under ADA Title III

By: Ryan C. Brunner Title III of the Americans with Disabilities Act requires public accommodations—private entities that offer goods or services to the public—to be accessible to individuals with disabilities. There is an ongoing debate about whether Title III applies … Continue reading

Posted in Media & Communications

Schools, Speech, and Smartphones: Online Speech and the Evolution of the Tinker Standard

By: Aleaha Jones Under the Supreme Court’s holding in Tinker v. Des Moines Independent Community School District, public schools may only restrict student speech where the speech is reasonably forecasted to cause a “substantial and material disruption.” With online forums … Continue reading

Posted in Media & Communications | Tagged | 1 Comment

What’s in a Name: Cable Systems, FilmOn, and Judicial Consideration of the Applicability of the Copyright Act’s Compulsory License to Online Broadcasters of Cable Content

By: Kathryn M. Boyd The way we consume media today is vastly different from the way media was consumed in 1976, when the Copyright Act created the compulsory license for cable systems. The compulsory license allowed cable systems, as defined … Continue reading

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

Mitochondrial Replacement Therapy and the Regulation of Reproductive Genetic Technologies in the United States

By: Bob Zhao The ability to alter the genes of future generations no longer belongs in the realm of science fiction. The genetic modification capabilities of modern science are advancing rapidly. Mitochondrial replacement therapy (MRT) represents the first crossing of … Continue reading

Posted in Health & Biotechnology, Science & Technology | Tagged ,

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

Posted in Science & Technology | Tagged

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

Posted in Copyrights & Trademarks, Intellectual Property | Tagged

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

Posted in Copyrights & Trademarks, Intellectual Property | Tagged

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

Posted in Intellectual Property, Media & Communications | Tagged

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

Posted in Media & Communications | Tagged ,

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