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Volume 5 – Issues 1 & 2

Grave Consequences for Economic Liberty: The Funeral Industry’s Protectionist Occupational Licensing Scheme, the Circuit Split, and Why It Matters | Author: Lana Harfoush

Grave Consequences for Economic Liberty: The Funeral Industry’s Protectionist Occupational Licensing Scheme, the Circuit Split, and Why It Matters | Author: Lana Harfoush

This article examines a current circuit split regarding the constitutionality of restrictive occupational licensing schemes that exist only for protectionist purposes. The Sixth Circuit in Craigmiles v. Giles and the Tenth Circuit case Powers v. Harris, are cases that revolve around similar facts but reach opposite outcomes. The two cases profile state funeral industry licensing restrictions. In both cases, the plaintiffs were penalized for selling caskets without state-issued licenses. Though licensing restrictions in the funeral…
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Violence is Never the Answer, Or Is It? Constitutionality of California’s Violent Video Game Regulation | Author: Laura Black

Violence is Never the Answer, Or Is It? Constitutionality of California’s Violent Video Game Regulation | Author: Laura Black

In 2011, the United States Supreme Court ruled that the California law proscribing the sale of violent video games to minors violated the First Amendment and was, therefore, unconstitutional. Because this is the first video game case to be heard by the Supreme Court, the decision marked a significant milestone for the video game and entertainment industries. The beginning of this note will review the history leading up to the passage of the law as…
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A New Look for the Fashion Industry: Redesigning Copyright Law with the Innovative Design Protection and Piracy Protection Act (IDPPPA) | Author: Brittany West

A New Look for the Fashion Industry: Redesigning Copyright Law with the Innovative Design Protection and Piracy Protection Act (IDPPPA) | Author: Brittany West

Introduced in Congress in August 2010, the Innovative Design Protection and Piracy Prevention Act (IDPPPA) would amend 17 U.S.C. § 1301 to extend copyright protection to unique, distinguishable, non-trivial, and non-utilitarian fashion designs. The fashion industry in the United States is currently a $200 billion industry which is afforded limited intellectual property protection compared to foreign markets. This article explores the applicability of the existing Copyright Act to fashion designs and argues that the IDPPPA…
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It Looks Like a Sale; It Quacks Like a Sale…But It’s Not? An Argument for the Application of the Duck Test in a Digital First Sale Doctrine | Author: Matthew J. Turchyn

It Looks Like a Sale; It Quacks Like a Sale…But It’s Not? An Argument for the Application of the Duck Test in a Digital First Sale Doctrine | Author: Matthew J. Turchyn

Until recently, a trend was developing across several circuits that favored a digital First Sale Doctrine for software. In September 2010, the Ninth Circuit dealt a serious blow to this movement when it issued its decision in Vernor v. Autodesk, Inc. This decision calls for a strict constructionist approach to the interpretation of software licensing agreements. A right of resale that would be protected under the First Sale Doctrine in a different medium, such as…
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Both a License and a Sale: How to Reconcile Self-Replicating Technology with Patent Exhaustion | Author: Douglas Fretty

Both a License and a Sale: How to Reconcile Self-Replicating Technology with Patent Exhaustion | Author: Douglas Fretty

Too many authorities view the transfer of patented self-replicating technology (SRT) as either a pure license or a pure sale. If a pure license exists, the patentee can impose post-transfer restrictions on the product's use, frustrating the policy goals of limited monopoly and free alienability of chattels. If a pure sale is triggered, however, the patentee loses all rights through patent exhaustion, allowing the purchaser to replicate the chattel at will. Sensitive to this latter…
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