In Leegin Creative Leather Products, Inc v. PSKS, Inc., the Supreme Court announced a shift in the law of minimum resale price maintenance by overruling the longstanding per se prohibition of these policies. The new rule of reason standard is more permissive of these minimum resale price maintenance agreements and as a result their use …
This Recent Development examines the implications of Doe v. SexSearch.com, a case decided by the U.S. District Court for the Northern District of Ohio in August 2007, on jurisprudence surrounding website immunity from liability as provided by the Communications Decency Act of 1996. Specifically, this Recent Development compares the reasoning used in SexSearch.com with that …
In March 2007, media giant Viacom brought a $1 billion lawsuit against YouTube for “brazen” and “massive” copyright infringement, claiming the Google-owned online video-sharing website made around 160,000 Viacom-owned videos available to YouTube users without permission. Considering the legal and historical context from which the litigation arose, this Article briefly reviews the dynamic relationship between …
In the spring of 2007, MoveOn.org and Brave New Films posted a spoof political attack ad video on YouTube.com. The video, Stop the Falsiness, contained clips of the Comedy Central show, The Colbert Report. Subsequently, Viacom, which owns Comedy Central, sent a “takedown” notice to YouTube alleging that the video infringed Viacom’s copyrights. After YouTube …
Red light camera technology is in use in many jurisdictions throughout the United States. For some, this technology represents a powerful tool for improving road safety. For others, its use represents overreaching by governments searching for ways to generate additional revenue. In Idris v. City of Chicago, the Seventh Circuit Court of Appeals examined the …
Electronic data use in United States industries provides a means by which businesses aggregate, track, and manage consumer information. In the health care industry, data mining companies, pharmacies, and pharmaceutical manufacturers have adopted electronic data use with prescription information. The use of electronic prescription data as a commodity raises privacy concerns which have prompted the …
The Earth’s climate is changing rapidly, affecting the distribution of and increasing the pressures placed on natural resources in entirely new and unpredictable ways. Recognizing that water in the United States is not immune to this fate, environmentally conscious citizens are increasingly turning to rainwater collection as a means of securing a precious resource for …
There’s an old saying that “an ounce of prevention is worth a pound of cure.” Vaccinations seem to exemplify this, allowing people to avoid diseases entirely by submitting to a simple injection, rather than forcing them to worry about the more difficult alternative of treating the disease once it is contracted. Markovich v. Secretary of …
The government incentivizes investment in carbon-free energy production facilities by creating tax schemes designed to make renewable energy more attractive for investors. The Energy Policy Act of 2005 created a number of tax incentives for nuclear facilities, including one tax credit based on the amount of electricity produced at the facility. The Energy Policy Act …
During fiscal years 2004 and 2005, the United States Patent and Trademark Office implemented an enhanced quality review initiative as an additional level of oversight over the patent examination process. As a result of this initiative, in fiscal year 2006, the patent allowance rate was reduced to 54%, down from a patent allowance rate of …
