Articles

Dec
20

The proliferation of small unmanned aircraft systems (microdrones) invites reconsideration of the limits of exclusive federal authority over aviation, which currently preempts state law. Public reaction to the drone phenomenon is generally adverse, putting pressure on state and local legislators to regulate drones. Many of them have enacted or are considering legislation and ordinances to

Oct
11

Domain name registrars are increasingly targeted by trademark owners for registering and hosting infringing domain names, despite the lack of clear statutory authorization for these claims. Registrars, pressed by reduced profit margins, have begun offering value-added services such as sponsored domain parking and WHOIS-masking. However, such services incentivize and aid domain name purchasers to engage

Oct
11

Recent scholarship on regulating 3D printing implicitly presumes the same regulation should apply to printing from both non-biological materials and biological materials. However, this presumption is mistakenly grounded. Technically, bioprinting is a subcategory of 3D printing. However, printing from biological materials presents different public policy considerations than printing from non-biological materials. When experimenting with mammalian

Jul
13

While Alice v. CLS Bank has confirmed that patent claims require a further “inventive concept” beyond an underlying abstract idea or law of nature for patent-eligibility, there is little agreement on what defines either an “abstract idea” or an “inventive concept.” Resolving this uncertainty is critical to determining the patent-eligibility of software claims beyond the

Jul
13

The Alice Court’s characterization of computer programming has effectively repudiated, inter alia, the doctrine that programming a general-purpose computer creates a patent-eligible “new machine.” This Article revisits In re Bernhart, the first holding based on the “new machine” principle, concluding that the Court of Customs and Patent Appeals committed a category mistake in conducting its

Apr
09

The mismatch of localized electricity regulations with interstate electricity generation and transmission creates large inefficiencies. It is possible to solve this problem without overturning the entire existing regime by affording federal, state, and local regulatory bodies more power to implement battery technology without traditional regulatory hindrances. Given the limited number of regulatory bodies responsible for

Apr
09

According to federal regulations, all students have a right to a free appropriate public education in the most integrated, least restrictive environment appropriate. Discrimination based upon disabilities is a violation of civil rights. An estimated 10.2 million children in the United States have special healthcare needs, accounting for 13.9% of all children. Some students who

Apr
09

Under the Supreme Court’s Fourth Amendment jurisprudence, the constitutional privacy protections that many Americans take for granted are non-existent in cyberspace because of the third-party doctrine, which was born decades before the popular adoption of cyberspace social networks and data storage services. When someone in America posts a picture on Instagram or updates a status

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