SSTLR

SSTLR_Volume 26 Spring 2012

Please enjoy the work our fellow students and colleagues have accomplished, and best on behalf of SSTLR.

Click the above link to enjoy the work.

SSTLR_Volume 25 Fall 2011

Please enjoy the work our fellow students and colleagues have accomplished, and best on behalf of SSTLR.

Click the above link to enjoy the work.

By: Ryan Mitchell

Abstract

This article takes a multi-pronged approach to a single problem: reconciling the watershed Digital Millennium Copyright Act (DMCA) with copyright proper. In the past decade or so, litigants and courts have sought to define just what sort of rights the DMCA creates. Plaintiffs have emphasized technical interpretations of the statute where it purported to create a cause of action and brought suits to vindicate interests that often had little to do with their copyrighted works; on the other hand, defendants have sought to shield themselves with standard copyright defenses such as fair use and ignore the reality that the DMCA makes illicit different conduct and creates new rights for the copyright holder. There is a middle-ground between creation of a “supercopyright” on one side, and a superfluous statute on the other. That said, I advocate an approach utilizing statutory interpretation and a judicial rule of reason to focus on whether a plaintiff is seeking to protect the value of their copyrighted work, or is merely using the copyrighted work as a necessary technicality in a DMCA claim to enforce some other non-copyright interest. In addition, other judicial doctrines, including standing and copyright misuse have a role to play in weeding out DMCA claims premised on hypothetical injuries and oppressive uses of the copyright grant respectively. Given the increasing importance of consumer electronics and digital information in our world, a multitude of approaches is appropriate to carry out Congress’s intention that the careful balance in our copyright law continues in the digital age.

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By: Laura Schumacher

Abstract

Fashion is art. Fashion is a medium for designers to create new forms of expression and innovate ways to reflect on culture and society. Fashion is a reflection of culture, and like culture, it changes with time. It serves a utilitarian function and is part of our daily lives. Fashion is on the catwalk during a fashion show by one of the world’s leading designers. Fashion is one’s creative outlet to mix and match signature pieces to create a new way of personal expression. This paper will explore the nature of the fashion industry and whether we, as a society, should grant design protection under copyright law. Congress is currently considering the Design Piracy Protection Act, which would extend a form of copyright protection to fashion designs. The industry is divided on whether the legislation will impede creativity and prevent the industry from changing and evolving over time. This decision really comes down to one question; will the benefit of extending protection outweigh the negative effects? This paper will attempt to answer this question through public policy, legislative history, and industry opinion.

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Reviewed by: Victoria E. Munian

Authors: Dan L. Burk & Mark A. Lemley

Abstract

The patent system is in a crisis. Bad patents being passed and patents being abused in court have currently made patents become ineffective. Congress has tried to find a unitary system for patents, but because different industries need patents for certain needs, this unitary system is ineffective. Burk and Lemley propose that the system needs to address each individual industry in order for the system to be more effective. The authors also propose that courts should take matters into their own hands and judge on a case-by-case basis. By doing so, each industry will fully benefit from patent systems. Issues that arise from this new approach include the courts’ role, how courts can begin to change the process through using certain policy levers and the issues of seemingly judicial activism.

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By Allison Landwehr

Abstract

This article will scrutinize the growth and pervasiveness of the Internet with regards to the disabled community and the need for Congressman Edward Markey’s (D-MA) Twenty-First Century Communication and Video Accessibility Act to be passed. Broken into seven parts, this exposé will examine the following: I. The Internet Invasion; II. Current Status of Internet Access by Persons with Disabilities; III. The Americans with Disabilities Act (ADA) and the Internet; IV. Overview of the Twenty-First Century Communications and Video Accessibility Act (TCCVA); V. Statutory Requirements and Regulations of the TCCVA; VI. Positive and Negative Aspects of the TCCVA; and VII. Concluding Remarks.

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By: Fei Hu and Aaron Mallin

Abstract

In order to balance the conflicts between medical method patent holders’ patent rights and physicians’ethical duty to freely exchange medical knowledge and skills, the “physicians’immunity statute” in Title 35 of the United States Code was enacted to protect physicians and health care facilities from patent infringement suits when they performed a medical procedure on the human body. However, arguments to amend the scope or application of this statute continue today. A solution to this problem is urgent due to the fast pace of the development of new medical methods.

The authors of this paper discuss the patentability of medical methods and address the potential defects of the “physicians’ immunity statute”. In order to preserve the merits and limit the drawbacks of the statute, this paper proposes replacing the statute by establishing a new “Medical Method Patents” regime. Possible new terms for this patent have been discussed and changes in patent examination procedure have also been introduced.

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Reviewed by: L. Jeffrey Kelly

Author: Carleigh Cooper

Abstract

This book investigates the mystery behind non-ionizing microwave radiation, namely that emitted from cell phones. The discussion begins with defining the mystery and establishing provocative questions on the topic. Next, the author develops her search for answers to the questions by addressing the roles that the government and the cell phone industry play. The story continues to unfold by identifying the commonplace conception that cell phones are safe. Immediately following are multiple chapters reviewing the many and very specific health effects caused by non-ionizing microwave radiation. The book then explores the need to have expansive cell phone coverage resulting in a cell phone antenna or tower everywhere and on everything. Lastly, the book concludes with thoughtful recommendations, especially directed at parents and their young children.

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by Ju-Hyun Yoo

Abstract

Over fifty years ago, Emmett Till, a fourteen-year-old young black male, was found wrapped in barbed wire in a river in Mississippi. Although two white men were arrested in 1955 for his murder, they were later acquitted because members of an all-white jury did not believe that the body found in the river was Emmett Till. It was not until 2004, when the Federal Bureau of Investigation reopened its investigation into the murder, that a DNA analysis later confirmed that the body was, in fact, Emmett Till. Justice was finally served.

In the United States, DNA forensics, or the science of identifying people by their DNA, has become an indispensable criminal justice tool as it helps to identify criminals, victims’ remains, and vindicate those who were wrongly convicted, including some awaiting execution. However, despite the positive contributions of DNA technology, it has also raised significant questions involving ethical, social, and legal issues that mostly concern civil liberties. This note will evaluate the development of DNA databases, and examine the advantages and problems of expanding DNA databases for criminal cases in general.

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by Stephen Hoffman

Abstract

Imagine it is the year 2030. As you walk down your street to visit your favorite coffee shop, a camera mounted at the nearest intersection tracks your movements. Through undetectable, infrared beam of light, the camera photographs the vasculature structure of your eyes and runs it against a database of known criminals, immigrants, and even people dissenting from popular opinion. If your retinal pattern matches that of a person listed in the database, the computer transmits this information to the proper authorities. All of this happens before you even step through the door of the coffee shop. Now, imagine if private companies, instead of the government, are the ones running those cameras. Retinal vascular patterns have been shown to anticipate future illnesses as well as conclusively identify hereditary or genetic conditions from which the individual suffers. What if a health insurance company installs these cameras outside its offices to identify individuals and detect disorders and illnesses before they walk through the door? This note discusses biometric analysis and raises concerns that such an intrusive procedure may have on the privacy rights of those being examined.

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