In 2006, thirteen-year-old Megan Meier met a teenage boy named Josh Evans on the social networking website MySpace. The two had an amicable relationship until Josh began making derogatory comments to Megan. The correspondence ultimately resulted in her suicide. Months later, “Josh” was revealed to be the collective creation of forty-seven-year-old Lori Drew, her teenage …
Currently, Apple forces owners of the iPhone to use AT&T’s wireless network through software contained in the phone’s operating system. The practice of “unlocking” the Apple iPhone for use over any compatible wireless network raises an interesting legal question. Specifically, this Comment considers this question through analysis of the Digital Millennium Copyright Act (“DMCA”), the …
The patentability of communication signals under 35 U.S.C. § 101 first came before the Supreme Court in relation to Samuel Morse’s telegraph. Contrary to the Court’s ruling in O’Reilly v. Morse, however, the Federal Circuit recently held in In re Nuijten that useful, man-made signals are unpatentable because they do not fit within any of …
In the wake of a long history of copyright decisions that have been sparse in terms of First Amendment analysis, the Tenth Circuit in Golan v. Gonzales clearly addresses the First Amendment. This Recent Development analyzes the decision in Golan and argues that while the First Amendment concerns were properly recognized, the ultimate resolution of …
While technology enabling sex selection by Preimplantation Genetic Diagnosis (“PGD”) is not new, the debate surrounding it has not abated. A wide variety of models exist. Some countries leave the decision to the parents, while others strictly prohibit sex selection for non-medical purposes. The Israeli system uses a unique model whereby a professional committee is …
The dominant view of misappropriation doctrine fits trademark law poorly. It is at odds with contemporary theory and the reasons for protecting intellectual property. A more nuanced view of the Supreme Court’s germinal misappropriation case leads to a misappropriation doctrine consistent with both externality theory and public goods theory. When viewed this way, IP theory …
