Publications and Announcements

Universal City Studios, Inc. V. Corley: The Constitutional Underpinnings of Fair Use Remain an Open Question

Copyrights & Trademarks

By: Harry Mihet At first blush, the Copyright Clause and the First Amendment of the United States Constitution appear to serve conflicting interests and to exist in irrevocable tension. On one hand, the Copyright Clause grants authors “the exclusive Right to their respective Writings and Discoveries,” thereby prohibiting others from utilizing certain forms of expression. On the other hand, the First Amendment prohibits Congress from “abridging the freedom of speech” and expression. ;Thus, by simultaneously prohibiting the use of another’s expression and safeguarding expression, the two provisions appear to be on a constitutional collision course. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0003

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Cracking the Code to Privacy: How Far Can the FBI Go?

CyberCrime

By: Angela Murphy As the Nation continues to deal with the fallout of the events of September 11th, it must continue to decide what limits on privacy will be sacrificed in order to allow the government to tighten its security efforts. Who would have guessed that in this crazy post-September 11th world, the latest champion of Constitutional freedoms would be a reputed mobster? Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0002

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Fraud and Enforceability: Potential Implications for Federal Circuit Litigation

Patents & Technology

By: Michael Kim Should fraudulent litigation tactics and testimony affect the validity of underlying patents? What results are possible if the enforceability of a patent turns on the conduct of the applying party not only before the Patent and Trademark Office, but also before circuit courts? The author of the following article considers these questions in light of the recent Aptix Corp. case. Download Full Article (PDF) Cite: 2002 Duke L. & Tech. Rev. 0001

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Facilitating Access of Aids Drugs While Maintaining Strong Patent Protection

Patents & Technology

By: Dana Ziker The AIDS pandemic has thrust the subject of patent protection into the spotlight, a spotlight that has attracted the attention of broad audience including interested parties from the political, legal, and medical communities. Can the United States’ scheme of strong patent protection for pharmaceutical products withstand the increased attention? Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0042

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Policing Online Pharmacies: Bioterrorism Meets the War on Drugs

CyberCrime

By: Mark Sweet In light of the recent terrorists attacks and the increasing threat of bioterrorism, many U.S. citizens have turned to the Internet in an attempt to gather the supplies needed to protect them and their loved ones. Central to the effort is the increased purchasing of prescription drugs over the Internet. This iBrief explores the benefits and risks to consumers from buying drugs online, and examines recent initiatives to police the online pharmacy industry. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0041

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Cybernetic Implications for the U.C.C.

Patents & Technology

By: Stephen Dirksen & Kyle Grimshaw In the following iBrief, the authors assess the impact of recent a recent decision from the 9th Circuit assessing whether the patent system’s filing mechanism preempts the U.C.C. Article 9 requirement that creditors perfect their security interests in patents offered as collateral by their debtors. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0040

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MusicNet & PressPlay: To Trust or Antitrust?

Copyrights & Trademarks

By: Kelly Donohue Efforts by leading record labels to fill the void they created by shutting down Napster led several to develop their own subscription online music service. The author of the following iBrief assesses the viability of those services in light of a Justice Department antitrust investigation into the practices of the labels in allegedly quashing smaller distributors and colluding to stifle competition, and considers the ramifications of an antitrust suit for both the major labels and their competitors. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0039

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Enhanced 911 Technology and Privacy Concerns: How Has the Balance Changed Since September 11?

Media & Communications

By: Aaron Futch & Christine Soares E911 technology allows for the location of a cellular phone to be determined by the wireless service provider within several hundred feet. As a consequence, privacy groups have been extremely resistant to the implementation of E911. In the wake of the September 11 tragedies, however, the balance between privacy concerns and national security seems to have changed for many American citizens. This iBrief will explore the nature of the E911 technology, the FCC implementation requirements, the concerns of privacy groups regarding its implementation, and how the environment surrounding E911 has changed since September 11. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0038

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Egregious Error or Admirable Advance: The Memorandum of Understanding That Enables Federally Funded Basic Human Embryonic Stem Cell Research

Health & Biotechnology

By: Amy Ligler Nothing contained herein shall be considered to be the grant of a commercial license or right under the Wisconsin Patent Rights or to Wisconsin Materials. Furthermore, nothing contained herein shall be construed to be a waiver of WiCell’s patent rights under the Wisconsin Patent Rights or WiCell’s property rights in Wisconsin Materials. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0037

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Liberty for Security

CyberCrime

By: Morgan Streetman On 11 September 2001, we collectively endured the worst tragedy to touch American soil since the Civil War. In the wake of this horrible event, a national hysteria erupted. People are anxious to restore the lost security; but at what cost? Many Americans seem not to care about the costs, and national polls show that now, more than ever, Americans are willing to trade their precious civil liberties in an attempt to restore security. As the ACLU has stated these are difficult days. Not only are they difficult, they will define the future of America. This iBrief explores the reactions of the American government to this tragedy and the effect these reactions will have on the freedom of all Americans. Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0036

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