Publications

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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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. Read more » about Regulation and Technology

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. Read more » about Managing Autonomous Transportation Demand

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.  Read more » about The Life, Death, and Revival of Implied Confidentiality

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. Read more » about Chain-Link Confidentiality

The Social Layer of Freedom of Information Law

Author(s): 
David Levine
Publication Date: 
March 1, 2012
Publication Type: 
Academic Writing

It is now received wisdom that a properly functioning democracy requires transparency and accountability — information shared with the public that allows the public to know what its government is doing. It is equally uncontroversial to say that social media allows for an unprecedented amount of informal but structured dissemination and analysis of information. Despite these two basic points, U.S. freedom of information law has failed to harness the power of these new social media networks and, more importantly, formats in a way that amplifies public knowledge of government information. Read more » about The Social Layer of Freedom of Information Law

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