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
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...
Unlikely Competitor Pushing to the Front of the Telecom Wars
The often-overlooked Sprint made two majors moves this week to take center stage in the "battle of the telecoms." Sprint began the week by filing a suit on behalf of “consumers and competition” against both AT&T and T-Mobile in response to the potential merger...
CLE for Patent Attorneys and Agents
Most states and territories in the United States require attorneys to meet continuing legal education (CLE) requirements in order to practice law before their courts. Only Maryland, Connecticut, Massachusetts, South Dakota, Washington D.C., and Michigan do not...
Extraterritoriality Got Run Over by Grandma Got Run Over by a Reindeer
In its recent ruling in Shropshire v. Canning, the Northern District of California denied defendant Aubrey Canning’s motions to dismiss plaintiff Elmo Shropshire’s claims against him for copyright infringement. Yes, that Elmo Shropshire—also known as Dr. Elmo, the...
Amazon’s New Kindle Will Be Competitive Against the iPad
Ever since the iPad's release in April 2010, Apple's competitors have been scrambling to release a credible competitor. When announcing the iPad 2, Apple's then CEO Steve Jobs bragged that the original iPad achieved above 90% market share, and he was right. After such...