Recent Articles
The Cost of Confusion: The Paradox of Trademarked Pharmaceuticals
By Hannah Brennan
Articles, Fall 2015
Regulating to Achieve Stability in the Domain of High-Frequency Trading
By Lindsey C. Crump
Notes, Fall 2015
More than BRIC-a-Brac: Testing Chinese Exceptionalism in Patenting Behavior Using Comparative Empirical Analysis
By Jay P. Kesan, Alan Marco & Richard Miller
Articles, Fall 2015
Network Neutrality and the First Amendment
By Andrew Patrick & Eric Scharphorn
Articles, Fall 2015
Tributes
Helping a Lawyer to Understand What it Means to Think Like an Architect
By Kevin Emerson Collins
Tributes, Fall 2015
Peggy Radin, Mentor Extraordinaire
By R. Anthony Reese
Tributes, Fall 2015
Asking the Nearest Hippie
By Shubha Ghosh
Tributes, Fall 2015
Contracts, Persons and Property: A Tribute to Margaret Jane Radin
By Ruth L. Okediji
Tributes, Fall 2015
Blog Posts
Elon Musk’s New Master Plan: Brilliant, Devious, or Both?
When Tesla announced it had agreed, in principle, to purchase SolarCity, many analysts were shocked. Not only does the deal represent a merger of two innovative companies, neither of which is currently turning a profit, but many analysts also believe the deal represents a massive conflict of interest.
read moreNo Foul: Ticketamster Resale Restriction Does Not Violate Antitrust
Though likely frustrating to many ticket-holders, Ticketmaster is able to restrict the resale of tickets on secondary markets like StubHub, SeatGeek, and TicketsNow.
read moreBankruptcy & The Electronic Signature
While infrequent, cases involving proof of one’s electronic signature are not unheard of. Saving someone sign a document electronically is perfectly fine until a court demands proof of the signature. As one might imagine, evidencing a client’s signature in such a case might prove challenging.
read moreThe Changing Legal Landscape of Daily Fantasy Sports
In mid-October, the Nevada Gaming Control Board ruled that pay-to-play daily fantasy sports (DFS) constitute gambling under Nevada law. And just this week, New York followed suit. State Attorney General Eric Schneiderman sent cease-and-desist letters to operators of DFS games ordering them to stop accepting wagers in the state. In Nevada, companies like FanDuel and DraftKings that operate DFS games online must now obtain a license from the Gaming Board in order to operate legally. In New York, operating DFS games is now illegal. In DFS, players compete against other by building a team of professional athletes from a particular league and earn points based on the actual statistical performance of the players. As of September 2015, both FanDuel and DraftKings have an estimated value of over $1 billion. In total, an estimated 57 million people in the United States and Canada played a DFS game this year, and companies hosting DFS games are expected to collect $14.4 billion dollars in entry fees by 2020. Federally, the Wire Act and the Unlawful Gambling Enforcement Act (UIGEA) govern DFS games. The UIGEA prohibits gambling businesses from accepting payments in connection with bets or wagers that involve the use of the Internet, but it specifically excludes certain fantasy sports and skill-games. Meanwhile, the Federal Wire Act prohibits the wire transmission in interstate commerce of wagers on any sporting event or contest. So far, though, DFS games have not been prosecuted as sports wagering under the Wire Act. A sports wager, in general, must involve a game subject to chance. Many argue that DFS games involve more skill than chance, as participants must... read moreGoogle Books: A Test of Transformative Use
Though Authors Guild v. Google decision will undoubtedly be unpopular with some groups, Judge Leval likely believes that a flexible and broad fair use tradition will only enliven the exchange of ideas and even the market for books.
read moreElectronics at the Border: An Exception to the Border Search Doctrine?
Increased use of electronic devices and the sheer capacity of electronic storage has led the Supreme Court to acknowledge the special considerations such devices require when privacy concerns are implicated.
read more