Copyright as Market Prospect
For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order… Continue reading →
Issue 2
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FDA Regulation of 3D‐Printed Organs and Associated Ethical Challenges
The implications of pervasive implementation of 3D printing with biological material, also known as “bioprinting,” are vast. They present never‐before‐seen… Continue reading →
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Anti‐SLAPP Statutes and the Federal Rules: Why Preemption Analysis Shows they Should Apply in Federal Diversity Suits
In an effort to protect the exercise of free speech, many states have enacted “anti‐SLAPP” statutes—which provide special motions making… Continue reading →
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Pandora’s Digital Box: The Promise and Perils of Digital Wallets
Digital wallets, such as ApplePay and Google Pay, are smart payment devices that can integrate payments with two‐way, realtime communications… Continue reading →
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Our Regionalism
This Article provides an account of Our Regionalism to supplement the many accounts of Our Federalism. After describing the legal… Continue reading →
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Clarifying the “Clear Meaning” of Separability
Speaking of the Copyright Act of 1909, noted copyright scholar Benjamin Kaplan had this to say about the role of… Continue reading →
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The Sum is More Public Domain than its Parts?: US Copyright Protection for Works of Applied Art Under Star Athletica’s Imagination Test
In Star Athletica v. Varsity Brands, the Supreme Court granted certiorari to resolve confusion in the lower courts regarding the… Continue reading →
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What is a “Useful Article” in Copyright Law After Star Athletica?
The U.S. Supreme Court granted certiorari in Star Athletica, LLC v. Varsity Brands, Inc. to decide “[w]hat is the appropriate… Continue reading →
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Forgetting Functionality
In Star Athletica, LLC v. Varsity Brands, Inc., the U.S. Supreme Court had an opportunity to clarify copyright law’s treatment… Continue reading →
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Knowing Separability When We See It
According to the majority in Star Athletica v. Varsity Brands, features that are incorporated into a useful article are separable,… Continue reading →