Topic Archives: constitutionality

Could Your Technology Be Incriminating You?

Earlier this week, we wrote about how the government can lawfully compel a person to unlock their smart phone with the Touch ID feature (if the feature is enabled). Recently, Fitbit has been in the news because the popular fitness … Continue reading

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The Right of Publicity: Likeness Lawsuits Against Video Game Companies

What do actress Lindsay Lohan, former Panamanian dictator Manuel Noriega, and U.S. World War II General George S. Patton have in common? Each is involved in a right of publicity lawsuit brought against video game companies earlier this year. Lohan, … Continue reading

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Federal “Catfishing”: When Government Impersonation through Social Media Gets Caught

You rush into work one morning, coffee and briefcase in hand, barely making it into the cramped elevator as the doors close. You overhear someone in the back whisper “That’s her, she’s the one in the tank top in her … Continue reading

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The Smartphone versus the Fifth Amendment

For many smartphone users, passwords and passcodes have become a thing of the past. Since late 2013, Apple iPhone users have been able to access their phones by simply applying their stored fingerprint to the Home Button. Many Android devices … Continue reading

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The Purpose of Copyright? Examining the Retracted Republican Study Committee Brief

Last Fall, Derek Khanna, then an intern at the Republican Study Committee (RSC) released a policy brief concerning copyright entitled “Three Myths about Copyright Law and Where to Start to Fix it.” Khanna insisted, based on a textualist reading of … Continue reading

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District Court Finds Qui Tam Provision in Patent False Marking Law Unconstitutional: Unique Product Solutions v. Hy-Grade Valve

35 U.S.C. § 292 is known as the Patent False Marking Statute and contains two subsections.  Subsection (a) says that it is unlawful, without the consent of the patentee, “to mark a product with, or use in advertising, a patent number … Continue reading

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