Academic Writing

Of Trademarks and Brands

Author(s): 
Tim Greene
Publication Date: 
April 24, 2013
Publication Type: 
Academic Writing

"As Stacey Dogan noted in her recent review of Bob Bone’s Taking the Confusion Out of “Likelihood of Confusion”: Toward a More Sensible Approach to Trademark Infringement, trademark law is at a bit of a crossroads. Scholars increasingly question basic tenets of trademark law and seek explanations for our blinkered theories of trademarks. Among recent attempts at comprehensive trademark law frameworks, some are good, some great, some … not."

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The Labor of Surveillance and Bureaucratized Killing: New Subjectivities of Military Drone Operators

Author(s): 
Peter Asaro
Publication Date: 
March 14, 2013
Publication Type: 
Academic Writing

As the military’s armed surveillance drones have become the iconic weapon of the early twenty-first century, they have also introduced radical transformations in the traditional labor of those who operate them the pilots, crew, analysts, and commanders. In so doing, these transformations have engendered new kinds of subjectivity, with new ways of experiencing the work of surveillance and killing.

Rediscovering Cumulative Creativity from the Oral Formulaic Tradition to Digital Remix: Can I Get a Witness?

Author(s): 
Giancarlo Frosio
Publication Date: 
April 15, 2014
Publication Type: 
Academic Writing

For most of human history the essential nature of creativity was understood to be cumulative and collective. This notion has been largely forgotten by modern policies regulating creativity and speech. As hard as it may be to believe, the most valuable components of our immortal culture were created under a fully open regime as far as access to pre-existing expressions and reuse was concerned.

Regulation and Technology

Author(s): 
Anthony Falzone
Publication Date: 
January 13, 2013
Publication Type: 
Academic Writing

This Article consists of some general observations and a few examples that illustrate them. First, technology can benefit tremendously from government involvement. Regulation may be part of that involvement, but thinking just in terms of regu‐ lation obscures some important points. When people talk about regulating technology, they usually assume technology is a private good, and the question becomes whether—and how— the government should regulate private property. This ob‐ scures the truth that technology is frequently a product of pub‐ lic and private collaboration.

Managing Autonomous Transportation Demand

Author(s): 
Bryant Walker Smith
Publication Date: 
December 18, 2012
Publication Type: 
Academic Writing

“Today we are well underway to a solution of the traffic problem.”1 This claim, made by Robert Moses in 1948, is as true today as it was then. Which is to say, not at all. In the middle of the last century, the preferred solution to “the traffic problem” was more cement: new highways, bridges, and lanes.

Automated Vehicles are Probably Legal in the United States

Author(s): 
Bryant Walker Smith
Publication Date: 
November 1, 2012
Publication Type: 
Academic Writing

This 2014 law review article provides the most comprehensive discussion to date of whether so-called automated, autonomous, self-driving, or driverless vehicles can be lawfully sold and used on public roads in the United States. The short answer is that the computer direction of a motor vehicle’s steering, braking, and accelerating without real-time human input is probably legal. The long answer, contained in the article, provides a foundation for tailoring regulations and understanding liability issues related to these vehicles.

The Life, Death, and Revival of Implied Confidentiality

Author(s): 
Woodrow Hartzog
Publication Date: 
August 7, 2012
Publication Type: 
Academic Writing

The concept of implied confidentiality has deep legal roots, but it has been largely ignored by the law in online-related disputes. A closer look reveals that implied confidentiality has not been developed enough to be consistently applied in environments that often lack obvious physical or contextual cues of confidence, such as the Internet. This absence is significant because implied confidentiality could be one of the missing pieces that help users, courts, and lawmakers meaningfully address the vexing privacy problems inherent in the use of the social web. 

On Banning Autonomous Lethal Systems: Human Rights, Automation and the Dehumanizing of Lethal Decision-making

Author(s): 
Peter Asaro
Publication Date: 
June 1, 2014
Publication Type: 
Academic Writing

This article considers the recent literature concerned with establishing an international prohibition on autonomous weapon systems. It seeks to address concerns expressed by some scholars that such a ban might be problematic for various reasons. It argues in favour of a theoretical foundation for such a ban based on human rights and humanitarian principles that are not only moral, but also legal ones. In particular, an implicit requirement for human judgement can be found in international humanitarian law governing armed conflict.

Chain-Link Confidentiality

Author(s): 
Woodrow Hartzog
Publication Date: 
April 24, 2012
Publication Type: 
Academic Writing

Disclosing personal information online often feels like losing control over one’s data forever; but this loss is not inevitable. This essay proposes a “chain-link confidentiality” approach to protecting online privacy. One of the most difficult challenges to guarding privacy in the digital age is the protection of information once it is exposed to other people. A chain-link confidentiality regime would contractually link the disclosure of personal information to obligations to protect that information as the information moves downstream.

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