The Law School Consortium Project: Law Schools Supporting Graduates to Increase Access to Justice for Low and Moderate Income Individuals and Communities

The Law School Consortium Project is an organization with the goal of extending the educational and professionalism missions of law schools beyond graduation to provide training, mentoring, and other support to solo and small-firm lawyers. The Article discusses different models of achieving this goal. It outlines the benefits to practitioners, low and moderate income individuals and communities, and to participating law schools

The Law School Consortium Project: Law Schools Supporting Graduates to Increase Access to Justice for Low and Moderate Income Individuals and Communities

The Law School Consortium Project is an organization with the goal of extending the educational and professionalism missions of law schools beyond graduation to provide training, mentoring, and other support to solo and small-firm lawyers. The Article discusses different models of achieving this goal. It outlines the benefits to practitioners, low and moderate income individuals and communities, and to participating law schools

Policies and People: A Review of Neoliberalism and Educational Technologies in P-12 Education Research

Accountability regimes, value added, vouchers—it is difficult to ignore the evidence of market-based rationalities in global discourses around education. Such rationalities rely heavily on Information and Communications Technologies (ICTs) for their propagation and maintenance under the guise of educational technologies, or ed-tech. The purpose of this literature review is to examine educational research focused on the role ICTs have played in the neoliberalization of education across the globe. The author contends that future inquiry needs to substantiate the broad claims about the pernicious effects of neoliberalized educational technologies by engaging more directly with those most affected: teachers and students

The Path of Internet Law: An Annotated Guide to Legal Landmarks

The evolution of the Internet has forever changed the legal landscape. The Internet is the world’s largest marketplace, copy machine, and instrumentality for committing crimes, torts, and infringing intellectual property. Justice Holmes’s classic essay on the path of the law drew upon six centuries of case reports and statutes. In less than twenty-five years, Internet law has created new legal dilemmas and challenges in accommodating new information technologies. Part I is a brief timeline of Internet case law and statutory developments for Internet-related intellectual property (IP) law. Part II describes some of the ways in which the Internet is redirecting the path of IP in a globalized information-based economy. Our broader point is that every branch of substantive and procedural law is adapting to the digital world. Part III is the functional equivalent of a GPS for locating the latest U.S. and foreign law resources to help lawyers, policymakers, academics and law students lost in cyberspace

The Path of Internet Law: An Annotated Guide to Legal Landmarks

The evolution of the Internet has forever changed the legal landscape. The Internet is the world’s largest marketplace, copy machine, and instrumentality for committing crimes, torts, and infringing intellectual property. Justice Holmes’s classic essay on the path of the law drew upon six centuries of case reports and statutes. In less than twenty-five years, Internet law has created new legal dilemmas and challenges in accommodating new information technologies. Part I is a brief timeline of Internet case law and statutory developments for Internet-related intellectual property (IP) law. Part II describes some of the ways in which the Internet is redirecting the path of IP in a globalized information-based economy. Our broader point is that every branch of substantive and procedural law is adapting to the digital world. Part III is the functional equivalent of a GPS for locating the latest U.S. and foreign law resources to help lawyers, policymakers, academics and law students lost in cyberspace

Antitrust and Intellectual Property: Unresolved Issues at the Heart of the New Economy

The New Economy differs in degree rather than kind from the old economy. Part II of this discussion examines the key differences that define the New Economy. Part Ill turns to several implications of those differences as they pertain to antitrust enforcement. I argue that the differences do not justify sweeping generalizations that antitrust enforcement has no place in the New Economy, but do require antitrust enforcement to make adjustments and exercise sensitivity towards intellectual property issues on a case-by-case basis. The goal of a coherent overall competition policy, in deciding both what conduct to enforce against and what remedies to require, should be to achieve an appropriate balance between the complementary legal regimes of intellectual property and antitrust. Part IV examines several examples of recent antitrust enforcement decisions involving intellectual property. Without addressing the ultimate merits of individual decisions, I find that antitrust enforcement has generally evolved in recent years in a way that pays heed to the distinctive characteristics of the New Economy. These decisions demonstrate a concerted attempt to give reasonable, fact-specific consideration to both incentives and opportunities to innovate. Finally, to supplement the preceding review of substantive issues, Part V examines the institutional challenges posed to antitrust enforcement by the New Economy

Amazon and Platform Antitrust

With its decision in Ohio v. American Express, the U.S. Supreme Court for the first time embraced the recently developed, yet increasingly prolific, concept of the two-sided platform. Through advances in technology, platforms, which serve as intermediaries allowing two groups to transact, are increasingly ubiquitous, and many of the biggest tech companies operate in this fashion. Amazon Marketplace, for example, provides a platform for third-party vendors to sell directly to consumers through Amazon’s web and mobile interfaces. At the same time that platforms and their scholarship have evolved, a burgeoning antitrust movement has also developed which focuses on the impact of the dominance of these tech companies and the fear that current antitrust laws are ill-equipped to prevent any potential anticompetitive behavior. Many of those who feel this way worried that American Express, which decided whether a plaintiff alleging anticompetitive behavior by a two- sided platform would have to show harm to both sides of the market to make a prima facie case, would give companies like Amazon even more power. This Note argues that while the case could be interpreted in such a way, because Amazon and similarly situated platforms possess a great degree of control over their users—in some cases competing with them directly—it would be unwise to do so

Digital Radio Strategies in the United States: A Tale of Two Systems

This essay analyzes how, despite early interest in the Digital Audio Broadcasting standard (DAB) in the United States, an alternative in-band system (HD Radio) was developed as the approved digital radio standard

Riley v. California and the Stickiness Principle

In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together by vocabulary and fact, creating a ‘Stickiness Principle.’ In particular, form and function historically were considered indistinguishable, not as separate factors. For example, “containers” carried things, “watches” told time, and “phones” were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle. In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question of whether cell phone searches incident to a lawful arrest were constitutional. The Court, which had clung to pre-digital concepts such as physical trespass well into the twenty-first century, appeared ready to explore how technology is reshaping historically understood conceptions of privacy. From a broader perspective, the case offers an initial step in reconciling pre-digital rules based on outdated spatial conceptions of physical things with the changing realities of a technology driven world