Case Comments

Broadband Internet is the most common Internet service used in the United States. Broadband includes all services that provide high speed Internet, although not all Internet services are broadband. Government regulation of broadband is highly controversial, in part due to broadband’s rapid development and expansion. Congress has avoided drafting legislation governing broadband and instead granted […]

“On sale” in the Patent Act has historically meant any commercial sale, but the adoption of the America Invents Act (AIA) has led some to assert that this meaning was abandoned—that “on sale” now only means certain sales. Even though the AIA still categorizes inventions that have been “on sale” as prior art, some claim […]

INTRODUCTION The rapid progress of technology challenges traditional application of the Fourth Amendment. As law enforcement’s technological capabilities advance, judges have had to wrangle with what constitutes a search and seizure. Past precedent generally remains unhelpful unless new technology can be analogized to past technology. To combat this, the Supreme Court recognized the need to […]

INTRODUCTION  On June 19th, 2017, the Supreme Court unanimously overturned a North Carolina law (hereinafter referred to as “statute”) that effectively instituted a social media ban for registered sex offenders. The statute made it a felony for a registered sex offender to “access a commercial social networking Web site where the sex offender knows that […]

INTRODUCTION When Samsung and Apple, both dominators of the smartphone market, went head-to-head in the Supreme Court in Samsung Electronics Co. v. Apple, Inc., the Supreme Court refused to “resolve whether, for each of the design patents at issue [in Samsung], the relevant article of manufacture is the smartphone, or a particular smartphone component,” or […]

Introduction The patentability of business methods has become a controversial subject in recent years as technological advancements force legal scholars and policymakers to reconsider long-standing doctrines. Historically, the U.S. Patent and Trademark Office (“USPTO”) only granted business method patents on rare occasions because they were deemed to be abstractions beyond the confines of patent law. […]

Introduction Since the release of Bitcoin in 2009, the cryptocurrency has grown in prominence and public acceptance. By seemingly providing a layer of anonymity in transactions, Bitcoin has also become the public face of virtual currencies in illicit online dealings: Bitcoin has been associated with several high-profile criminal cases involving major drug website shutdowns, notably […]

Introduction In 2010, the Wall Street Flash Crash caused the United States to experience a trillion-dollar stock market crash. Within a few minutes, the Dow Jones index lost nearly 9% of its value, which wiped off hundreds of billions of dollars from the share prices of established companies such as Proctor & Gamble and General […]

Introduction “There’s one way to love you, but a thousand ways to kill you. I’m not gonna rest until your body is a mess, soaked in blood and dying from all the cuts.” Anthony Elonis claimed that this statement was not a threat, but an original lyric, which he penned and posted to Facebook as […]

Introduction In May of 2014, the United States Court of Appeals for the Federal Circuit incorrectly reversed the United States District Court for the Northern District of California’s decision in Oracle v. Google. By broadly extending copyright protection to Java Application Programming Interfaces (APIs), the Federal Circuit drastically shifted the landscape of coding and app […]

Introduction As technology continues to evolve, the need to provide meaningful consumer protections remains an immense challenge for legislators and jurists. Aging statutes and inadequate precedents make devising modern technological solutions difficult. Increasingly, courts have had difficulty grappling with the questions arising from the increasing volume of consumer data, particularly how to consider the implications […]

Introduction Spokeo is a people search engine that allows its users to view a profile of the searched individual that includes information such as: age, employer, address, relatives, marital status, and economic status. Spokeo does not retrieve all of its information from one particular source, nor does Spokeo search for the data. Instead, Spokeo aggregates […]