The Florida Supreme Court Makes a Ruling Using Local University Student Handbook; Says to SCOTUS, “Don’t Tase Me, Bro!”



BY CRAIG TOMPKINS — The Florida Supreme Court, along with several other state supreme courts, over the past twenty years, has attempted to push back against the Supreme Court of the United States’ (“SCOTUS”) precedent on arbitration clauses. As a preliminary matter, the Federal Arbitration Act (“FAA”), as decided by SCOTUS over 40 years ago, […]



Camera Shy: First-Ever Video of the Supreme Court of the United States Ignites New Demands for Transparency



BY KELLY BALKIN — “I rise on behalf of the vast majority of the American people, who believe that money is not speech, corporations are not people, and our democracy should not be for sale to the highest bidder. Overturn Citizens United, keep the cap in McCutchenson. The people demand democracy.” These historic words were […]



New Dimensions: 3D Printing and Intellectual Property Laws



BY LISA EBENSTEIN — Three dimensional (“3D”) printing has been around since the 1980s, but only recently has the technology become readily available.  3D printing is a process of making a three dimensional solid object from a digital model.  3D printing works by using additive processes, which involve joining successive layers of 2D patterns created […]



Notorious R.B.G. and the Conundrum of the Life Term



BY SARA SOLANO – “[A]s long as I can do the job full steam, I will.” –Justice Ruth Bader Ginsburg She can perform 20 full push-ups, fearlessly parasail in the French Riviera, overcome cancer twice, and refuse to take time off after cracking two ribs—all while playing a pivotal role in shaping American jurisprudence over […]

CURRENT ISSUE: Volume 68 Issue 2



The Social Media Frontier: Exploring a New Mandate for Competence in the Practice of Law



BY JAN L. JACOBOWITZ & DANIELLE SINGER — [W]e contend that social media in this day and age cannot be ignored. It is now a critical part of presidential politics, it has been part of revolutions in the Middle East, and it is going to be an unavoidable part of high-profile legal cases, just as traditional media has been and continues to be. Read More



Pinterest and Copyright’s Safe Harbors for Internet Providers



BY MICHAEL W. CARROLL — Has the time come to substantially revise the Copyright Act to better adapt the law to the ever-evolving digital environment? A number of influential sources appear to think so. If their initiatives gain momentum, it will be important to consider lessons learned from the first such effort fifteen years ago when Congress made far-reaching changes to copyright law by extending the term of copyright for twenty years and by enacting a package of reform proposals known as the Digital Millenium Copyright Act (“DMCA”). Read More



The Digital Death Conundrum: How Federal and State Laws Prevent Fiduciaries from Managing Digital Property



BY JAMES D. LAMM, CHRISTINA L. KUNZ, DAMIEN A. RIEHL & PETER JOHN RADEMACHER — The digital world is a popular place these days. In its fourth quarter of 2012, Facebook reported 618 million daily users. In fiscal year 2012, Google reported 235 million active users across its properties (e.g., Gmail and YouTube); Activision Blizzard estimated over 9.6 million subscribers to World of Warcraft; and the list goes on. Read More



Our Copyright Code: Continue Patching or Start Rewriting?



BY HONORABLE EDWARD J. DAMICH — The Copyright Act of 1976 was a marvelous achievement. It clarified, redesigned, and updated copyright law and brought it into the era of the photocopier, the tape recorder, and cable TV. Over twenty years in the making, the Copyright Act’s singular misfortune was the timing of its completion, which came on the threshold of the digital world, necessitating rather continuous patching to cope with evolving technology. Read More