Articles

Jun
16

The Genetic Information Nondiscrimination Act (“GINA”) is a recently enacted law that prohibits employers and insurance companies from discriminating against people based upon their genetic information. Soon after the passage of GINA, many people praised the law, but the flaws of GINA have not been as widely talked about. This Recent Development addresses a major

Jun
16

The United States’ government has developed a policy that supports the use and deployment of commercial level carbon capture and sequestration as a method for reducing carbon emissions from major electricity generating sources. The Environmental Protection Agency must determine which current provisions of the Clean Air Act are best used to regulate greenhouse gases and

Jun
16

Shifting the United States’ primary source of electricity from non-renewable energy to renewable energy requires expanded capacity to facilitate long-range transmission from regions where it can be efficiently produced to large population centers where it will be used. In Piedmont Environmental Council v. FERC the Fourth Circuit Court of Appeals recently held that the Federal

Jun
16

The formative jurisprudence on the modification of video games came when copyright recognition of computer software was itself quite recent, when the level of creative “expression” in the altered videogame was meager. Consequently, modded games are currently held to be derivative works and infringement of the copyright of the originals. A determination of fair use

Jun
16

Law enforcement is increasingly turning to “genetic witnesses” to solve crimes. The incorporation of genetic technologies like DNA ancestry tests and indirect molecular photofitting has drawn criticism as high-tech “racial profiling.” In cases where law enforcement has requested voluntary DNA samples to assist with criminal investigations, critics have quickly labeled the conduct “DNA dragnets.” To

Jun
16

The threat posed by climate change has finally been recognized, and governments have begun taking actions to reduce greenhouse gas emissions to attempt to mitigate the potential damage. While government regulations may require reductions in greenhouse gas emissions, insufficient technology exists to achieve the necessary reductions without severe economic consequences. Encouragement of the development and

Jun
16

The recent, unanimous decision of the U.S. Supreme Court in Matrixx Initiatives, Inc. v. Siracusano resolved a circuit split on the materiality standard under Rule 10b-5 of the Securities Exchange Act of 1934. By affirming the Ninth Circuit, the Court re-established the materiality standard set forth twenty-three years ago in Basic Inc. v. Levinson. Although

Jun
16

The Warshak decision is a long-overdue federal case extending Fourth Amendment protection to electronic communications stored with third parties. In holding that citizens have a “reasonable expectation of privacy” for stored e-mail messages, the Sixth Circuit decision represents a shift towards a stricter interpretation of the Fourth Amendment as it applies to modern forms of

Jun
16

The first sale doctrine, simply put, is the principle that after the copyright owner has transferred a copy of the work, the new owner is free to do almost anything with the copy without the copyright owner’s consent. The United States Court of Appeals for the Ninth Circuit held in Costco v. Omega that the

Jun
16

Entering into a contract containing a carefully crafted arbitration clause provides a level of predictability with respect to the investment and liability associated with patent license and/or research agreements, thereby providing the respective companies a better estimation of the risk factors associated therewith. Specifically, when parties enter into an agreement to arbitrate they have the

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