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Volume 6 – Issues 1 & 2

Conception to Distribution: Vertical Integration in the Television Production and ISP Industry | Author: Megan Sieffert

Conception to Distribution: Vertical Integration in the Television Production and ISP Industry | Author: Megan Sieffert

The intersecting regulations of agencies, stemming from the duties of the FCC, the FTC, and the DOJ to protect competition and television consumers, have been innovative in permitting two goals, first, allowing companies to pursue these integrations and, second, placing conditions on integrations to prevent potential harms that could come from developing media giants. As the market continues to consolidate, with companies having more access to the ability to distribute through alternative middlemen, and as…
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Following an International Copyright Regime at a Large National Cost: Is It Worth It? | Author: Vaishali Khatri

Following an International Copyright Regime at a Large National Cost: Is It Worth It? | Author: Vaishali Khatri

The main question at issue is which view of copyright law the United States should adhere to. Founders of American copyright law based our Constitution on utilitarian principles that promote the spread of knowledge and information to the general public. It has always been held that innovation and creativity were of core importance in an efficiently functioning democracy. With the passing of Section 514, the United States digressed from its national roots in order to…
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Facebook is Not Your Friend: Protecting a Private Employee’s Expectation of Privacy in Social Networking Content in the Twenty-First Century Workplace | Author: Cara Magatelli

Facebook is Not Your Friend: Protecting a Private Employee’s Expectation of Privacy in Social Networking Content in the Twenty-First Century Workplace | Author: Cara Magatelli

This Comment explores the implications SNS postings have on private employers concerning the off-duty, non-work related conduct of their employees. This argument recognizes that an employee is entitled to engage in whatever legal off-duty conduct he chooses, so long as the behavior does not damage his employer’s legitimate business interests. An employer should not be able to use information gleaned from an employee’s SNS postings, unrelated to an employer’s business interests, to punish an employee…
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Intellectual Property, the Free Movement of Goods and Trade Restraint in the European Union | Author: Jared Tudor

Intellectual Property, the Free Movement of Goods and Trade Restraint in the European Union | Author: Jared Tudor

The European Union (“EU”) is the most significant trade partner of the United States. Trading in goods protected by intellectual property rights remains a challenge for American business entities as they are forced to sift through a myriad of law consisting of the federal intellectual property law of the EU and the intellectual property law of the member states. The European Court of Justice (“ECJ” or “the Court”) has been faced with dozens of complex…
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Modifying RAND Commitments to Better Price Patents in the Standards Setting Context | Author: Kyle Rozema

Modifying RAND Commitments to Better Price Patents in the Standards Setting Context | Author: Kyle Rozema

This Article addresses a single problem: how can we allow engineers and scientists from different institutions to collaborate to set the best technical standards possible, not considering intellectual property (“IP”) rights, and then establish the royalty rates for each patent owner after the standard is set? The current system attempting to solve this problem requires patent owner participants to sign a Reasonable and Non-Discriminatory (“RAND”) commitment. These RAND commitments require the participants to agree an…
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Unfinished Business: Dodd-Frank’s Whistleblower Anti-Retaliation Protections Fall Short for Private Companies and Their Employees | Author: Chelsea Hunt Overhuls

Unfinished Business: Dodd-Frank’s Whistleblower Anti-Retaliation Protections Fall Short for Private Companies and Their Employees | Author: Chelsea Hunt Overhuls

The Sarbanes-Oxley Act of 2002 (“SOX”) revolutionized the world of securities law whistleblowing. It encouraged employees to reveal corporate fraud by providing federal anti-retaliation protection to incentivize such reports. Securities law whistleblowing was transformed a second time in 2010 when Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). Under Dodd-Frank, employees that report information to the Securities and Exchange Commission (“SEC”) are not only provided federal anti- retaliation protections but also…
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