These are a few of our many publications. Contact us for other articles and books of interest that we have published!
Is There a Place for US? Protecting Fan Fiction in the United States and Japan
- Denver Journal of International Law and Policy, Winter 2015
"Susan sits down at her computer, a stack of her favorite books next to her, and begins to write. Dumbledore and Gandalf are sitting calmly in the Leaky Cauldron, wondering about the mysterious stranger that called them there. As they wait, Captain Kirk, Professor X, and George Clooney join them at the table, *200 all with the same mysterious note, calling them together to ask them for help...."
The Bullet Hole in the Bench
"The federal bench has seen a variety of dedicated, outstanding, and interesting personalities - perhaps none more than two judges from the District of Montana: Judge George M. Bourquin, who served from 1912 until 1934, and Judge Charles N. Pray, who served from 1924 until 1957. One federal bench, the one still in usein the federal courthouse in Butte, Mont. (also known as Butte, America), was home to both at one time or another, and is still the home to a bullet and bullet hole that was made there shortly after Judge Pray's appointment......"
Ethics and Professionalism in e-Discovery
"Most attorneys, whether they litigate in federal court or not, are familiar with the revisions in the Federal Rules of Civil Proedure occasioned by the proliferation of electronic information and its importance in civil practice.
This explosion of electronic information has preater impact than simply affecting those practicing in federal court....."
Information Technology and the Shift Beyond German Procedure in United States Courts
"Beginning in 1985, Professor John H. Langbein began advocating a change in United States civil procedure to become more like his view of German civil procedure. Even though Professor Langbein's call for United States courts to consider moving toward a German system has received little attention, information technology has caused the unplanned and unmonitored movement of judicial fact finding in the United States beyond the German system. Information technology has made the temptation for United States judges to do independent, extrinsic research an easy reality...."
Digital Audio Files in Litigation: Did You Think Your Oral Comments Couldn't Come Back to Haunt You?
"Eliot Spitzer, New York's attorney general at the time, is quoted as saying, "Never write when you can talk. Never talk when you can nod. And never ever put anything in an e-mail." Maybe he would rethink that in light of new technologies and tell people not even to talk. With so many audio recordings made of business meetings, telephone calls to consumer help centers, and voicemails, and digital recorders becoming less expensive and able to hold more and more information, businesses are not only confronted with someone's offhand comments in litigation but all of these recordings can cause the enterprise incredible cost to review during litigation...."
The Legal Status of Spyware
"Identity theft is lucrative; stealing one’s good name is lucrative. What liability deters the people who steal digital information, even if it might be considered worthless? The Federal Trade Commission logged up to 250,000 identity theft complaints in 2004—100,000 more than in 2002. By and large, the law has been silent; and companies, some legitimate and some not, continue to collect, store, and process consumer information..."