Articles

Dec
23

Central Intelligence Agency Director, Leon Panetta, states in his Secretary of Defense confirmation testimony before the Senate Armed Services Committee that, “[t]he next Pearl Harbor that we confront could very well be a cyberattack that cripples America’s electrical grid and its security and financial systems.” Cyberattacks have become a daily threat to businesses, consumers, and all

Dec
23

For years the world of software programming has been operating under the assumption that both the declaration code and the structure, sequence, and organization (SSO) of Java application program interfaces (APIs) were not copyrightable and were therefore free for all to use. However, when Oracle sued Google in 2014 for Google’s use of Java APIs

Dec
23

The drug industry is one of the most lucrative in the United States. Drug manufacturers routinely find themselves thrust into patent infringement litigation against generic manufacturers who are motivated by high potential returns from the marketplace. In lieu of expensive and time-consuming litigation, brand and generic manufacturers will often enter into settlement agreements; however, these

Dec
23

A protracted case in the Ninth Circuit, Pakootas v. Teck Cominco Metals, Ltd., has pitted numerous stakeholders, including two national governments, against one another in a battle to define the meaning of “disposal” within the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). At issue were one hundred years of aerial emissions of heavy metals

Dec
23

“Mutual manifestation of assent . . . is the touchstone of contract.” The manifestation of mutual assent has evolved throughout history to accommodate mass commercialization and technological change. However, new problems have emerged with the rise of Internet contracting. Consumers, facing increasing numbers of inconspicuous and obtuse contract offers, are oblivious to many of the

Oct
14

Keynote, UNC JOLT 2016 Symposium We have heard all morning about legal issues with the Internet of Things; I want to begin with acknowledging the human aspects and human interests in Internet-enabled homes, which are more visceral and personal than IoT devices monitoring other interactions. I have worked in privacy for almost 20 years, and I passionately believe we need

Oct
14

Internet law and policy discussions worldwide are converging on the idea that the private sector has a shared responsibility to help safeguard free expression online. This article advances those discussions and makes a significant contribution to the related literature by synthesizing Internet governance concepts with those of content management and with normative theories regarding the social value of freedom of expression—all

Oct
14

Digital piracy is a worldwide concern. Both very high and very low rates of intellectual property infringement threaten innovation, thus implying that some level of effective copyright regulation is required to incentivize the creation of original works. However, although Article 27 of the Universal Declaration of Human Rights advocates for social access to culture as well as the protection of copyright,

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