The Journal of High Technology Law
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INFORMATION ASYMMETRIES IN E-COMMERCE: THE CHALLENGE OF CREDENCE QUALITIES.
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FACES AND FINGERS: AUTHENTICATION.
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LIABILITY CONSIDERATIONS WHEN AUTONOMOUS VEHICLES CHOOSE THE ACCIDENT VICTIM.
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Unleashing the open mobile internet.
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Mixing oil with water: resolving the differences between domain names and trademark law.
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Voteauction.net: protected political speech or treason?
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A right to free Internet? On Internet access and social rights.
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INJURY, INEQUALITY, AND REMEDIES: DEVELOPMENTS IN INJUNCTIVE RELIEF AND DAMAGES IN INTELLECTUAL PROPERTY CASES.
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DOCTRINAL CHALLENGES FOR THE LEGALITY OF SMART CONTRACTS: LEX CRYPTOGRAPHIA OR A NEW, 'SMART' WAY TO CONTRACT?
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A right to free Internet? On Internet access and social rights.
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Freeing archival research from the accidental and overbearing IRB regulation that costs human lives.
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Is AllofMP3 legal? Non-contractual licensing under Russian copyright law.
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Written description after Ariad v. Eli Lilly: 35 USC (section) 112's third wheel.
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Twibel retweeted: Twitter libel and the single publication rule.
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Cashing in on the transplant list: an argument against offering valuable compensation for the donation of organs.
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Morals, movies, and the law: can today's copyright protect a director's masterpiece from bowdlerization?
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The plenary power of states to infringe intellectual property under the cloak of sovereign immunity.
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RISK, REWARD, ROBO-ADVISERS: ARE AUTOMATED INVESTMENT PLATFORMS ACTING IN YOUR BEST INTEREST?
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Gene protection: how much is too much? Comparing the scope of patent protection for gene sequences between the United States and Germany.
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Mailer Daemon: unable to deliver message judicial confusion in the domain of e-mail monitoring in the private workplace.
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An ex ante theory of patent valuation: transforming patent quality into patent value.
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Going back to first principles: the exclusive rights of authors reborn.
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An appropriate balance?--A survey and critique of state and federal DNA indictment and tolling statutes.
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IT'A SMALL WORLD AFTER ALL: HOW DISNEY'S TARGETED ADVERTISEMENTS IMPLICATE COPPA.
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TOWARD A NEW LANGUAGE OF LEGAL DRAFTING.
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The paradise of the commons or privileged private property: what direction should the FCC take on spectrum regulation?
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From one end of the spectrum to the other: the case for stronger property rights in FCC spectrum licenses and a response to Musey's "spectrum rationalization challenge".
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Mobilizing payments: behind the screen of the latest payment trend.
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AT YOUR DISCLOSURE: HOW INFLUENCERS' ENDORSEMENTS WILL BE PUT TO THE TEST BY THE F.D.A. AND F.T.C.
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State farm and punitive damages: call the jury back.
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Privacy protections left wanting: looking at doctrine and safeguards on law enforcement's use of GPS tracking and cell phone records with a focus on Massachusetts.
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On top of the world and wired: a critique of Nepal's e-commerce law.
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Trademark law and industry myths.
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In re Dane K. Fisher: an exercise in utility.
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THE FACE-ID REVOLUTION: THE BALANCE BETWEEN PRO-MARKET AND PRO-CONSUMER BIOMETRIC PRIVACY REGULATION.
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An ex ante theory of patent valuation: transforming patent quality into patent value.
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Are Major League Baseball and the National Hockey League violating American antitrust laws through their blackout restrictions?
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BREAKING UP VIA ROBOCALL: WILL THE SUPREME COURT'S CONSERVATIVE MAJORITY DISMANTLE PROTECTIONS UNDER THE TCPA?
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THE REAL SLIM SHADY: HOW SPOTIFY AND OTHER MUSIC STREAMING SERVICES ARE TAKING ADVANTAGE OF THE LOOPHOLES WITHIN THE MUSIC MODERNIZATION ACT.
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Closing the door on open source: can the general public license save Linux and other open source software?
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The makings of an 'individualized-industrial' revolution: three-dimensional printing and its implications on intellectual property law.
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The trademark dilution revision act of 2006: prospective changes to dilution definition, claim analyses, and standard of harm.
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A need for SWIFT change: the struggle between the European Union's desire for privacy in international financial transactions and the United States' need for security from terrorists as evidenced by the SWIFT scandal.
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'Give me a beat:' mixing and mashing copyright law to encompass sample-based music.
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The regulation of Voice-Over-Internet-Protocol in the United States, the European Union, and the United Kingdom.
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Section 103(b): obviously unnecessary?
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Applying old law to new births: protecting the interests of children born through new reproductive technology.
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The changing landscape of joint, divided and indirect infringement - the state of the law and how to address it.
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CANNA BIZ PROTECT ITS MARK?: TRADEMARKING CHALLENGES IN THE BUDDING CANNABIS INDUSTRY.
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BALANCING ESPORTS: PROTECTING THE NEXT GENERATION'S SUPERSTARS.
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GETTING IT RIGHT : LAW ENFORCEMENT'S USE OF ANCESTRY WEBSITES TO CATCH CRIMINALS.
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Electronic signatures in practice.
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Keeping-up intellectual property lifelines for life science ventures.
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How Apple Pay coincides with the Consumer Financial Protection Act: will Apple become a regulated entity?
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STIFLING INNOVATION: DATA COLLECTING PATENTS IN THE MEDICAL DEVICE INDUSTRY.
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Twitteright: finding protection in 140 characters or less.
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On privacy: liberty in the digital revolution.
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The ALI's principles of software contracting: some comments & clarifications.
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From pirate to plaintiff: accelerating development through the strategic evolution of intellectual property doctrine.
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Technology transfer to combat climate change: opportunities and obligations under trips and Kyoto.
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Sharing the burden of proof in parallel importation cases: a proposal for a synthesis of United States and European Union trademark law.
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DIGITAL FAME: AMENDING THE RIGHT OF PUBLICITY TO COMBAT ADVANCES IN FACE-SWAPPING TECHNOLOGY.
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An empty promise: the telecommunications industry's deceptive and manipulative business practices in the grandfathering of wireless unlimited data.
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ANTICOMPETITIVE OR HYPERCOMPETITIVE: AN APPLICATION OF FOREIGN AND DOMESTIC ANTITRUST POLICY TO THE RULING IN FTC V. QUALCOMM.
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WHEN THE INTERNET OF THINGS FLOUNDERS: LOOKING INTO GDPR-ESQUE SECURITY STANDARDS FOR IOT DEVICES IN THE UNITED STATES FROM THE CONSUMERS' PERSPECTIVE.
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AN INSIDE JOB: THE INTERSECTION OF FEDERAL COMPUTER LAW AND TRADE SECRET LAW IN CASES OF INSIDER MISAPPROPRIATION.
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CAN DAILY FANTASY SPORTS OVERCOME THE ODDS?
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Google: the endemic threat to privacy.
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Embryonic stem cells: marrow of the Dickey matter.
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Past and future: attempts to prospectively alienate property.
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Is Bitcoin rat poison? Cryptocurrency, crime, and counterfeiting (CCC).
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Bigfoot: data mining, the digital footprint, and the constitutionalization of inconvenience.
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The internet bankruptcy: what happens when the bell tolls for the eCommerce industry?
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Compulsory licensing of musical works in the digital age: why the current process is ineffective & how Congress is attempting to fix it.
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The legislative response to employers' requests for password disclosure.
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International patent strategies for individual inventors.
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STUDENT DATA AT RISK: A MULTI-TIERED APPROACH FOR MASSACHUSETTS TO MITIGATE PRIVACY RISKS WHILE UTILIZING INNOVATIVE EDUCATION TECHNOLOGY IN SCHOOLS.
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Massachusetts breath testing for alcohol: a computer science perspective.
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Unmaking and remaking tort law *.
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HEALTH DATA PRIVACY AND SECURITY IN THE AGE OF WEARABLE TECH: PRIVACY AND SECURITY CONCERNS FOR THE NFLPA AND WHOOP.
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Sex trafficking via the Internet: how international agreements address the problem and fail to go far enough.
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Redefining fashion: from Congress to the runway.
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Declaratory judgment actions, covenants not to sue, and bad patents: a call to allow the judiciary to weed out bad patents while adhering to the "case or controversy" requirement.
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DISCRIMINATION LEGITIMIZED BY TRAGEDY: THE USE OF GPS TRACKING DEVICES FOR INDIVIDUALS WITH AUTISM- A PROTECTIVE SAFETY MEASURE OR UNLAWFUL INVASION OF PRIVACY?
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Federal issues in trade secret law ([dagger]).
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The 10 things every practitioner should know about anti-counterfeiting and anti-piracy protection.
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Minimum contacts in cyberspace: the classic jurisdiction analysis in a new setting.
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Herring v. United States: are errors in government databases preventing defendants from receiving fair trials?
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HEARTLESS PATENTING: HOW THE ADVENT OF 3D PRINTED HUMAN ORGANS WILL RESHAPE OUR THINKING OF PATENT LAW.
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Tongue-in-cheek: how Internet defamation laws of the United States & China are shaping global Internet speech.
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Managing the risk of trade secret loss due to job mobility in an innovation economy with the theory of inevitable disclosure.
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Satellite digital radio searching for novel theories of action.
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GILDED, BUT NOT GOLD: HOW AN OBSOLETE HIPAA IS UNABLE TO FIGHT MEDICAL SOFTWARE BREACHES.
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PATENTING ARTIFICIAL INTELLIGENCE: AN ADMINISTRATIVE LOOK INTO THE FUTURE OF PATENT LAW.
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Protecting computer software--analysis and proposed alternative.
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Battle Galactica: recent advances and retreats in the struggle for the preservation of trademark rights on the Internet.
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EIGHT-YEARS-YOUNG: HOW THE NEW YORK BITLICENSE STIFLES BITCOIN INNOVATION AND EXPANSION WITH ITS PREMATURE ATTEMPT TO REGULATE THE VIRTUAL CURRENCY INDUSTRY.
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Pre-trial prejudice 2.0: how YouTube generated news coverage is set to complicate the concepts of pre-trial prejudice doctrine and endanger Sixth Amendment fair trial rights.
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A system of logo-based disclosure of DRM on download products.
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Regulating high-frequency trading: man v. machine.
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A DARKER SHADE OF GREEN: HAZARDS ASSOCIATED WITH LITHIUM-ION BATTERIES.
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The telecommunications act of 1996 and the Internet: reciprocal compensation or irreconcilable compensation?
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DEFENDING WITH CLAPPER: APPLYING THE SUPREME COURT'S ARTICLE III STANDING INTERPRETATION TO DATA BREACH LAWSUITS.
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LBB: LEVERAGED BRAND BUYOUTS AND THE VALUE BEHIND THE BRAND.
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Caught on tape: exposing the unsettled and unpredictable state of the right of publicity.
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FROM THE OUTSIDE IN: A LAW AND ECONOMICS PERSPECTIVE ON INSIDER TRADING CASES INVOLVING CYBERCRIME.
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Instagram sets a precedent by an "insta" change in social media contracts & users' ignorance of Instagram's terms of use may lead to acceptance by a simple "snap".
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Exploring virtual legal presence: the present and the promise.
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LEVELING UP COPYRIGHT LAW: FAIR USE ON YOUTUBE AND TWITCH WITH THE RISE OF VIDEO GAME STREAMING.
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Inevitable disclosure of trade secrets: employee mobility v. employer's rights.
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Intellectual property: piracy for sale: vicarious and contributory copyright infringement: Arista Records v. Flea World, 356 F. Supp. 2d 411 (2005).
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Reading your every keystroke: protecting employee e-mail privacy.
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Who is watching your keystrokes? An analysis of M.G.L. ch. 214 [section] 1B, right to privacy and its effectiveness against computer surveillance.
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YOUR HOME, THE NEW CLASSROOM: HOW PUBLIC-SCHOOL ZOOM USE ENCROACHES INTO FAMILY PRIVACY.
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MORE THAN JUST SKIN(S) IN THE GAME: HOW ONE DIGITAL VIDEO GAME ITEM IS BEING USED FOR UNREGULATED GAMBLING PURPOSES ONLINE.
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Prometheus bound: an historical content analysis of information regulation in Facebook.
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Smart dust: just a speck goes a long way in the erosion of fundamental privacy rights.
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Supreme Court review of patent cases: what will follow eBay, Medimmune, and KSR?
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Applying Model Rule 4.2 to Web 2.0: the problem of social networking sites.
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A shot in the dark: an analysis of the SEC's response to the rise of dark pools.
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The NET Act, fair use, and willfulness--is congress making a scarecrow of the law?
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Defeating the virtual defense in child pornography prosecutions.
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Declaratory judgment actions, covenants not to sue, and bad patents: a call to allow the judiciary to weed out bad patents while adhering to the "case or controversy" requirement.
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NEWSPACE: THE RISE OF THE PRIVATE SPACE INDUSTRY IS THREATENING THE CURRENT LEGAL FRAMEWORK GOVERNING OUTER SPACE.
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Betting blind: problems with proposed federal regulation of online poker.
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You may now 'call' your next witness: allowing adult rape victims to testify via two-way video conferencing systems.
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ROBOT RECRUITERS: HOW EMPLOYERS & GOVERNMENTS MUST CONFRONT THE DISCRIMINATORY EFFECTS OF AI HIRING.
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Foreword to the Thomas F. Lambert, Jr., symposium issue on sophisticated new tort theories.
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The Hague runs into B2B: why restructuring the Hague Convention of foreign judgments in civil and Commercial Matters to deal with B2B contracts is long overdue.
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TURNING SUICIDE INTO HOMICIDE: CAN YOU BE BOUND BY YOUR TEXT MESSAGES?
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THE UGLY TRUTH ABOUT CYBER INSURANCE & GOVERNMENTAL DATA BREACHES.
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The GPL meets the UCC: does free software come with a warranty of no infringement?
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CALORIE COUNTING CATASTROPHE: HOW THE FDA SHOULD DECREASE THE USE OF MOBILE APPLICATIONS FOR DISORDERED EATING.
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RIGGING THE GAME: THE LEGALITY OF RANDOM CHANCE PURCHASES ('LOOT BOXES') UNDER CURRENT MASSACHUSETTS GAMBLING LAW.
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NEW KID VID RULE: AN ANALYSIS OF THE FCC'S DEREGULATION OF THE CHILDREN'S TELEVISION ACT.
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Much ado about genes: untangling the evolving law of subject matter eligibility.
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Viva torts!(analysis of American tort law)
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The federal wiretap act: the permissible scope of eavesdropping in the family home.
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ONLINE VOTE SWAPPING: ENABLING HIGH-TECH POLITICAL COALITIONS OR BORDER RUFFIAN TAKEOVERS?
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Declaratory judgment actions, covenants not to sue, and bad patents: a call to allow the judiciary to weed out bad patents while adhering to the "case or controversy" requirement.
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Will your vote count?: can the current software withstand and guarantee the constituational right to vote?
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Bowman v. Monsanto and self-replicating seeds; David v. Goliath or Don Quixote v. Windmills?
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USA Patriot Act, the fourth amendment, and paranoia: can they read this while I'm typing?
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THE LEGAL PROFESSION: FROM HUMANS TO ROBOTS.
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THE COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES: AN ANALYSIS OF THE FOREIGN INVESTMENT RISK REVIEW MODERNIZATION ACT OF 2018.
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The CAN-SPAM Act of 2003: is congressional regulation of unsolicited commercial e-mail constitutional?
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Confronting digital technology: the motion picture industry's battle with online piracy (1).
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CREATING SUPER SOLDIERS FOR WARFARE: A LOOK INTO THE LAWS OF WAR.
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PROMETHEUS BOUND: AN HISTORICAL CONTENT ANALYSIS OF INFORMATION REGULATION IN FACEBOOK.
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SPIDERMAN, PATENTS AND ROYALTY ARRANGEMENTS: UNTANGLING WHAT KIMBLE MEANS IN PRACTICE AND HOW TO WEAVE AROUND BRULOTTE'S ECONOMIC CONSTRAINTS.
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Harmonizing cybertort law for Europe and America.
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Is Bitcoin rat poison? Cryptocurrency, crime, and counterfeiting (CCC).
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Music sampling lawsuits: does looping music samples defeat the de minimis defense?
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Merck KGaA v. Integra: more answers than questions?
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Eliminating the paper: the truncation of paper checks.
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Obviating the obvious? An appraisal of pharmaceutical patents.
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Beyond notice and choice: privacy, norms, and consent.
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THE IMPLICATIONS OF MAJOR NEWS OUTLETS BROADCASTING LAW ENFORCEMENT-CITIZEN ENCOUNTERS: ARE THEY RELIABLE?
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Cybersurgery: why the United States should embrace this emerging technology.
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The experimental use exception: looking towards a legislative alternative.
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'WAR CRIMES' AGAINST PRIVACY: THE JURISDICTION OF DATA AND INTERNATIONAL LAW.
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A comparative analysis: current solutions to the anticommons threat.
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LET'S MAKE A WAGER: NCAA'S PROCOMPETITIVE JUSTIFICATION WILL NOT SURVIVE THE AFTERMATH OF ALSTON AND CONGRESSIONAL LEGISLATION.
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Just who is an applicant?: The impact of electronic resumes and job search engines on employment discrimination law.
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Taking it easy on teen pornographers: states respond to minors' sexting.
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BLIND LEADING THE BLIND: A CASE FOR A LEGALLY CONSCIOUS, ANONYMOUS EMPLOYMENT APP.
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Pleading guilty and video teleconference: is a defendant constitutionally "present" when pleading guilty by video teleconference?
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ULTRA-MODERN ADVERTISING: THE FUTURE OF NFTS IN ADVERTISING AND WHY COLLABORATION IS ESSENTIAL TO AVOID INFRINGEMENT.
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Approaches to cybercrime jurisdiction.
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THE COMPUTER FRAUD AND ABUSE ACT: ARE YOU STILL WATCHING?
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Patents and university-industry interactions in pharmaceutical research before 1962: an investigation of the historical justifications for Bayh-Dole.
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A right to free Internet? On Internet access and social rights.
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WHO'S PROTECTING WHOM? AN ANALYSIS OF THE NEWEST FEDERAL AVIATION ADMINISTRATION'S UNMANNED AERIAL VEHICLE REGULATIONS AND RESTRICTIONS AND THEIR HINDRANCE TO TECHNOLOGICAL ADVANCEMENT.
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Use of functional claim elements for patenting computer programs.
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Workable solutions to the challenges of patenting an innovative process.
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Assessing the patentability of financial services and products.
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A right to free Internet? On Internet access and social rights.
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AN ANALYSIS OF THE FIRST AMENDMENT THROUGH THE LENS OF SOCIAL MOVEMENTS: HOW APPLE'S LATEST IPHONE PATENT CAN CHANGE THE WAY WE RISE.
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BLURRED LINES: FEDERAL TRADE COMMISSION'S DIFFERENTIAL RESPONSES TO ONLINE ADVERTISING AND FACE TO FACE MARKETING.
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The GPL meets the UCC: does free software come with a warranty of no infringement?
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Managing the risk of trade secret loss due to job mobility in an innovation economy with the theory of inevitable disclosure.
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Prometheus bound: an historical content analysis of information regulation in Facebook.
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I want my MP3: secondary copyright liability in a hidden peer-to-peer network.
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The imposition of sales and use taxes on e-commerce: a taxing dilemma for states and remote sellers.
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Problems and solutions to corporate blogging: model corporate blogging guidelines.
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Protecting cuisine under the rubric of intellectual property law: should the law play a bigger role in the kitchen?
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TECH TRAFFICKING: HOW THE INTERNET HAS TRANSFORMED SEX TRAFFICKING.
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Declaratory judgment actions, covenants not to sue, and bad patents: a call to allow the judiciary to weed out bad patents while adhering to the "case or controversy" requirement.
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SOCIAL MEDIA, RACISM, AND SPORTS: SOCIAL MEDIA PLATFORMS, NOT GOVERNMENTS, ARE BEST POSITIONED TO CHANGE THE GAME.
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Untangling the third wire: broadband over power lines, open access, and net neutrality.
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Tracking Knotts: how GPS technology is influencing traditional Fourth Amendment jurisprudence.
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Offshore wind: what steps need to be taken to ensure it has a future in America.
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Chipping: could a high tech dog tag find future American MIAs?
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NO LONGER ACCEPTING EXCEPTIONS: EXCEPTIONS TO THE EXCLUSIONARY RULE OF THE FOURTH AMENDMENT ARE UNCONSTITUTIONAL AS APPLIED TO SMARTPHONES.
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THE BANK IS OPEN: AN OVERVIEW OF HOW MURPHY V. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION WILL AFFECT THE NBA AND ITS PLAYERS.
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Twibel law: what defamation and its remedies look like in the age of Twitter.
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Don't "pin it" on Pinterest: addressing the conflict between the culture of sharing and secondary liability for copyright infringement.
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Freeing archival research from the accidental and overbearing IRB regulation that costs human lives.
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RECONSTRUCTING TRADEMARK INFRINGEMENT DAMAGES FROM THE PERSPECTIVE OF OPTION THEORY.
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Can government and industry conspire to thwart FOIA? A critical analysis of Critical Mass III.
