MOST RECENT PRINT ISSUE

Volume 17 - Issue 2

Spring 2021


SEP ROYALTIES: WHAT THEORY OF VALUE AND DISTRIBUTION SHOULD COURTS APPLY?

by Dr. Alexander Galetovic, Universidad Adolfo Ibáñez & Prof. Stephen Haber, Stanford University

"We argue that in adjudicating SEP royalty rates, courts should do what they do in pricing other assets or the flows of income they produce: rely on information from the market about the value of comparable assets or their rental rates. The comparables method is based on price theory, which explains where value comes from and how it is distributed among factors of production, including intellectual property."

WEB OF LIES: HATE SPEECH, PSEUDONYMS, THE INTERNET, IMPERSONATOR TROLLS, AND FAKE JEWS IN THE ERA OF FAKE NEWS

by Yitzchak Besser, Law Clerk, U.S. District Court for the Northern District of Mississippi

"This Article discusses the problem of “hate-speech impersonator trolls,” that is, those who impersonate minorities through the use of false identities online, and then use those false identities to harm those minorities through disinformation campaigns and false-flag operations. Solving this problem requires a change to the status quo, either through the passage of a new statute targeting hate-speech impersonator trolls or through the modification of Section 230 of the Communications Decency Act."

DIGITAL DATA AND THE FOURTH AMENDMENT: THE BIPARTISAN SOLUTION

by Richard McCutcheon, Student, The Ohio State University Moritz College of Law

"Two perspectives have emerged for justifying Fourth Amendment protections: one privacy-based and the other property-based. The two approaches need not be mutually exclusive. This paper suggests a method to bridge the ideological divide in Fourth Amendment jurisprudence by combining the property and privacy perspectives into a unified test."

“INFLUENCING” COPYRIGHT LAW: RE- EVALUATING THE RIGHTS OF PHOTOGRAPHIC SUBJECTS IN THE INSTAGRAM AGE

by Philip Ewing, Student, The Ohio State University Moritz College of Law

"In recent years, many lawsuits alleging copyright violations have been filed against celebrities who have reposted pictures of themselves taken by paparazzi on social media. As the inherent value of the photograph, which is often taken without the consent of the subject, is derived from the subject of the photograph, it is unfair for these photographic subjects to have no rights to the use of the picture, even in a limited, non-commercial context."