Until the mid-1980’s, federal judges had broad discretion in sentencing defendants. However, this created disparities in sentencing from one judge to another, and this in turn created a desire for much greater uniformity. The drive for uniformity resulted in a number of strict legislative measures, including mandatory minimum sentences and mandatory sentencing guidelines. Over time, …
This Article evaluates the scope of the public display right in the context of digital library collections, and suggests an interpretation of the right that tries to make sense of the practical concerns that its drafters expressed when creating it. In short, the Article focuses on the sometimes-forgotten but important fact that the unauthorized display …
Perhaps the new post-grant review proceeding in the United States was conceived in the likeness of a European opposition, but as it moved from conception to reality, a unique American administrative proceeding was created that does not bear much resemblance to its European inspiration. This Article describes features of both post-grant review and European oppositions …
This Article examines the conflict—the dissonance—that arises when law enforcement officers from one jurisdiction remotely search a computer that is physically located in another jurisdiction. It reviews the current status of remote computer searches in Europe, noting that such searches are legal under United Kingdom law but are, for most purposes, outlawed by German law. …
Counterfeit luxury goods have become an undeniable part of the global economy. It is estimated that these goods account for roughly seven percent of the global marketplace. With the emergence of the counterfeit market, consumers have become sophisticated shoppers who are knowledgeable and educated about their brand preferences as well as the availability of counterfeits, …
In 2010, Congress enacted the Twenty-First Century Communications and Video Accessibility Act requiring video program owners to provide closed captioning for television programming streamed online. Although broad, these regulations do not apply to all video content streamed through online distributors, leaving the deaf and hearing-impaired without full accessibility to online programming. The Massachusetts District Court …
Transport programs provide a means for the Environmental Protection Agency to regulate states’ emissions that endanger human health in neighboring areas. The Clean Air Interstate Rule and the Cross-State Air Pollution Rule are transport programs implemented under the authority of the good neighbor provision. However, the Court of Appeals for the District of Columbia Circuit …
Many patent cases turn on the meaning of terms in the patent claims. Although the standards for interpreting claims are somewhat fluid, there is a need for some degree of rigidity so inventors can protect their inventions. This Recent Development examines how the court in InterDigital Communications, LLC v. International Trade Commission applied various doctrines …
Following months of polarized debates, the North Carolina legislature has legalized hydraulic fracturing and horizontal drilling through the enactment of the Clean Energy and Economic Security Act. Public discourse has primarily tracked concerns over energy security, environmental protection, and public health. What the dialogue has failed to adequately consider is the extent to which private …
In 1976, Congress revised the Copyright Act, extending protection to computer programs. The scope of this protection, however, has remained unclear. While all courts agree that source code is protected from direct copying, they disagree as to the extent of protection for nonliteral elements, such as the code’s structure, sequence, and organization. Oracle America, Inc. …
