Recent Articles

The Cost of Confusion: The Paradox of Trademarked Pharmaceuticals

By Hannah Brennan

Articles, Fall 2015

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Regulating to Achieve Stability in the Domain of High-Frequency Trading

By Lindsey C. Crump

Notes, Fall 2015

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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

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Network Neutrality and the First Amendment

By Andrew Patrick & Eric Scharphorn

Articles, Fall 2015

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Tributes

Helping a Lawyer to Understand What it Means to Think Like an Architect

By Kevin Emerson Collins

Tributes, Fall 2015

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Peggy Radin, Mentor Extraordinaire

By R. Anthony Reese

Tributes, Fall 2015

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Asking the Nearest Hippie

By Shubha Ghosh

Tributes, Fall 2015

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Contracts, Persons and Property: A Tribute to Margaret Jane Radin

By Ruth L. Okediji

Tributes, Fall 2015

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Blog Posts

Bankruptcy & 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.

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The 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 more

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