Recent Articles
The 'License as Tax' Fallacy
Article, Spring 2022
Unreasonable: A Strict Liability Solution to the FTC's Data Security Problem
Article, Spring 2022
The Ping-Pong Olympics of Antisuit Injunction in FRAND Litigation
Article, Spring 2022
Content Moderation Remedies
Article, Fall 2021
An Empirical Study: Willful Infringement & Enhanced Damages in Patent Law After Halo
Article, Fall 2021
Recent Notes
The Best Data Plan Is to Have a Game Plan: Obstacles and Solutions to Reaching International Data Privacy Agreements
Note, Spring 2022
Mental Health Mobile Apps and the Need to Update Federal Regulations to Protect Users
Note, Spring 2022
Blog Posts
The FCC v. ISPs: Net Neutrality and the Battle for Internet Freedom
In December 2010, the FCC announced its new 'net neutrality' rules, in efforts to promote "freedom and openness" of the Internet and to prevent service providers from limiting which Internet sites and services their customers can access and controlling access speed....
United States v. Antoine Jones: GPS Tracking, Privacy Expectations, and Public Places
In a little under two months, the United States Supreme Court will be hearing oral arguments in United States v. Antoine Jones, regarding the government’s ability to perform warrantless GPS tracking of a criminal suspect's vehicle. Although the case addresses only a...
Let It “Burn”: R&B Artist Usher Sued for Copyright Infringement for #1 Hit Song
R&B hit artist Usher is currently the subject of a copyright infringement suit. Last year, songwriter Ernest Lee Straughter filed suit in the Central District of California alleging that Usher's number one hit song "Burn," released in July 2004, infringed on...
Regulating Electronic Health Care Records
In a 2009 Berkeley Technology Law Journal paper, E-Health Hazards: Provider Liability and Electronic Health Record Systems, Sharona Hoffman and Andy Podgurski argued that potential liability arising from the widespread use of electronic health records (EHRs) could end...
Cable Carriage and the Modern Marketplace of Ideas
Supreme Court Justice Oliver Wendell Holmes coined the term “marketplace of ideas” in his 1919 Abrams v. United States dissent. He compared freedom of information to the economic idea of the “free market,” in which the quality of a product determines consumer demand,...
Idiopathic Short Stature: The FDA and Its High-Stakes Conceptual Quagmires
Lionel Messi is perhaps the world’s most celebrated soccer player. Despite standing only 5’6”, the Argentinian striker is strong, fast, and impossibly skilled. However, as a child, doctors predicted he wouldn’t grow any taller than 4’7”. Diagnosed at age 11 with a...