Archive for 2017

STARTED FROM THE BOTTOM: WHAT DRAKE’S FAIR USE WIN MEANS TO THE FUTURE OF MUSIC SAMPLING By: Veena Tripathi, Volume 102 Staff Member True, just like it’s probably easier to snap a picture with that camera [looks at camera] than it is to actually paint a picture. But what the photographer is to the painter…

YOUR CAR IS WATCHING YOU: SHOULD THE POLICE NEED A WARRANT TO FIND OUT WHAT IT KNOWS? By: Clayton Carlson, Volume 102 Staff Member Out of all the things that people own that could be spying on them, they seldom suspect their cars. If you have purchased your car within the past few years, however,…

PATENT APOCALYPSE: WILL OIL STATES RESURRECT THE VICTIMIZED PATENT RIGHTS OF IPR? By: Clint Maynard, Volume 102 Staff Member Where does a patent go to die? Some patent holders might say the Patent Trials and Appeals Board (PTAB). Since the enactment of the Leahy-Smith America Invents Act [1] (AIA), patent holders have seen the rise…

“UBER” UNCERTAINTY: WHY COURTS ARE ILL-EQUIPPED TO DETERMINE COMPENSABILITY IN A GIG ECONOMY By: Joshua Greenberg, Volume 102 Staff Member In an increasingly digital world, people are finding new ways to earn a living. Specifically, the “gig economy,” also known as “on-demand employment,” continues to “grow[] at a rapid rate along with the supply of…

A COURT HEARS ALABAMA PRISONERS’ CRY FOR HELP By: J.D. Davis, Volume 102 Staff Member In June of 2017, Judge Myron Thompson issued his second major opinion in a three-part class action lawsuit.[1] This 302-page ruling came out of a massive 2014 lawsuit filed by inmates held by the Alabama Department of Corrections (ADOC).[2] In…

THE ALGORITHM MADE ME DO IT AND OTHER BAD EXCUSES: UPHOLDING TRADITIONAL LIABILITY PRINCIPLES FOR ALGORITHM-CAUSED HARM By: Rebecca J. Krystosek, Volume 101 Staff Member As the outputs of algorithms increasingly pervade our everyday lives—from wayfinding apps and search engine autofill results to investment advice and self-driving cars—we must also come to terms with who…

ALL (PRIVACY) IS NOT LOST: ATTORNEYS GENERAL AND PRIVACY PROTECTION By: Mitchell Noordyke, Volume 101 Staff Member In March, the House and Senate voted to prevent portions of the FCC Privacy Rule from going into effect.[1] This rule would have required more demanding protocol from broadband internet access service and telecommunications service providers to ensure…

POT, PRINTZ, AND PREEMPTION: WHY STATES CAN “JUST SAY NO” TO JEFF SESSIONS AND THE CONTROLLED SUBSTANCES ACT By: Franklin R. Guenthner, Volume 101 Staff Member Attorney General Jeff Sessions is not a fan of marijuana. Before assuming his role at the Department of Justice, the former Senator from Alabama remarked in April of 2016…

KEEFE V. ADAMS: OVERREGULATING OFF-CAMPUS SPEECH UNDER PROFESSIONAL CODES OF CONDUCT By: Maximilian Hall, Volume 101 Staff Member The Court of Appeals for the Eighth Circuit recently held that a student’s off-campus speech, which violated the American Nursing Association Code of Ethics, could be regulated by a nursing program as an academic issue.[1] A subsequent…

Protecting Senior Citizens from Their Mail: The Growing Threat of Direct Mail Solicitation at Senior Living Communities By: Mike Sikora, Volume 101 Staff Member Many of us hear stories of scammers targeting the elderly: fake grandsons trapped in jail, fake nieces stranded at airports, and fake friends offering a chance to make a quick buck.…