Recently added articles from Yale Journal of Law & Technology:
Trademark externalities.
Sep 22, 2007; ... ABSTRACT This Article investigates two particularly intriguing aspects of evolving theories of intellectual property. The first is how well new theories mesh with traditional theories. Externality, theory from this decade recapitulates public goods theory from the 1980s. ...
Surfin' Safari - why competent lawyers should research on the web.
Sep 22, 2007; ... ABSTRACT The easy availability of information on the internet has drastically changed the way that lawyers conduct legal research and has also affected the standards .for competency to which lawyers are held. This Article explores the ways in which judges' and lawyers' ...
Digital searches, general warrants, and the case for the courts.
Sep 22, 2007; ... ABSTRACT Translating Fourth Amendment rules designed to regulate searches and seizures of physical property into rules that regulate digital investigations raises numerous questions. This Note seeks to address one narrow subset of the issues digital evidence collection presents: ...
Private legal systems: what cyberspace might teach legal theorists.
Sep 22, 2007; ... ABSTRACT One of the most pervasive and recurrent issues that legal theory has had to deal with is the very concept of law. And one of the most puzzling questions that cyberspace lawyers have been facing is where and in which form law is to be found on the Internet. This essay ...
Copyright distributive injustice.
Sep 22, 2007; ... ABSTRACT Copyright law is not distinctively designed for redistribution. And yet, numerous fairness scholars and other critics of the economics paradigm claim that copyright law should be based upon redistribution, rather than efficiency. Redistributive justice goals' ...
The Ear of Dionysus: rethinking foreign intelligence surveillance.
Mar 22, 2006; ... <Pre> TABLE OF CONTENTS INTRODUCTION I. FOREIGN INTELLIGENCE SURVEILLANCE: A BRIEF OVERVIEW II. CHANGING BASE CONDITIONS A. THE CHANGING NATURE OF THE THREAT AND THE SHIFT TO PREEMPTION B. THE NEED FOR SURVEILLANCE C. THE DISSOLVING PERIMETER OF DEFENSE ...
Exploit derivatives & national security.
Mar 22, 2006; ... ABSTRACT Critical infrastructures remain vulnerable to cyber attack despite a raft of post-9/11 legislation focused on cyber security in critical infrastructures. An emerging discipline known as the "economics of information security" may provide a partial solution in the form ...
Of fire ants and claim construction: an empirical study of the meteoric rise of the Eastern District of Texas as a preeminent forum for patent litigation.
Mar 22, 2006; ... ABSTRACT Forum shopping by patent litigants is nothing new. However, in recent years, there has been an increase in forum shopping by patentee plaintiffs. Because of this forum shopping phenomenon, the Eastern District of Texas, a technological backwater, is on pace to become ...
Everything new is old again: brain fingerprinting and evidentiary analogy.
Mar 22, 2006; ... Metaphors in law are to be narrowly watched, for starting as devices to liberate thought, they end often by enslaving it. J. Cardozo (1) Whatever produces the judge's hunches makes the law. Jerome Frank (2) ABSTRACT Brain ...
Experimental study on the hindsight issue before the Supreme Court in KSR v. Teleflex. (Patently Non-Obvious, part 2)
Mar 22, 2006; ... ABSTRACT For the first time in thirty years, the Supreme Court will consider the core patent requirement that an invention be non-obvious. At the heart of the case lies the challenge of how to insulate non-obvious decisions from the distortion of the hindsight bias. This Article ...
Where antitrust ends and IP begins - on the roots of the transatlantic clashes. (intellectual property)
Mar 22, 2006; ... ABSTRACT U.S. antitrust enforcers see little scope for antitrust policy to mitigate the consequences of imperfect IP policies. They are reluctant to intervene in what is perceived to be the sphere of IP policy and take the view that any competitive concerns are better remedied ...
Pervasive new media: indecency regulation and the end of the distinction between broadcast technology and subscription-based media.
Mar 22, 2006; ... <Pre> TABLE OF CONTENTS INTRODUCTION I. BROADCAST REGULATION AND THE FIRST AMENDMENT II. THE CASE FOR ELIMINATING THE CABLE/BROADCAST DISTINCTION A. EXPLICATING THE CABLE/BROADCAST REGULATORY DISTINCTION B. CABLE AS A PERVASIVE MEDIUM INDISTINGUISHABLE ...
Architectural regulation and the evolution of social norms.
Jan 01, 2004;
Transborder search: a new perspective in law enforcement?
Jan 01, 2004;
The Fourth Amendment unplugged: electronic evidence issues & wireless defenses.
Jan 01, 2004;
Launch on warning: aggressive defense of computer systems.
Jan 01, 2004;
Real world problems of virtual crime.
Jan 01, 2004;
Technology, security and privacy: the fear of Frankenstein, the mythology of privacy and the lessons of King Ludd.
Jan 01, 2004;
Balancing the scales: the Ford-Firestone case, the Internet, and the future dispute resolution landscape.
Jan 01, 2003;
What's really wrong with genetic enhancement: a second look at your posthuman future.
Jan 01, 2003;