Law Blog
What Elements Need to be Satisfied Under New York Law to State an Unjust Enrichment Claim?
To state a claim for unjust enrichment in New York, a plaintiff must establish that a) the defendant benefitted; b) the defendant benefited at the plaintiff’s expense; and c) that equity and good conscience require restitution. Tasini v. AOL Inc., 851 F.Supp.2d 734,...
Can Google Maps Be Sued For Invasion of Privacy?
Many Americans are able to go online, enter their address into Google and zoom-in on the ensuing map so closely that they can see an image of their own home. This obviously raises invasion of privacy concerns. In 2010, that question was proposed to the United States...
The Intriguing Legal Ramification of Pokémon GO
Recently, there has been a virtual tsunami of articles about the so-called hidden dangers of using the Pokémon GO app. The vast majority of them concern potential violations of the privacy rights of both consumers and landmark-owners. The media’s Chicken Little-like...
The Increasing Pace of Digital Change: Why Does Our Culture Always Seem So Blindsided?
I have previously written about the legal implications of augmented reality apps such as Pokémon Go. Mine was one of many articles on this topic, most of which decried the negative implications of AR technology. The basic premise was that society is not prepared to...
May Copyright Infringement Suits Allow the Use of Blanket Subpoenas to Identify Anonymous Users of Potentially Infringing Internet Content? Originally Published Jan 28, 2014
Is it abusive for a company alleging copyright infringement to uncloak the anonymity of users of adult content in an effort to embarrass them into settling marginal claims? That issue was considered by the Court in Amselfilm Productions v. Swarm, 6A6DC, 12-cv-3865. In...
Does the Federal Government Have Trademark Rights Enforceable by the Pentagon? Originally Published May 29, 2014
Does the federal government have trademark rights, and can those rights be enforced by the military? The answer is yes and yes. In a recent New York Times article https://www.nytimes.com/2014/05/25/us/as-wars-end-military-gives-its-trademarks-new-vigilance.html?_r=0...
***WINNER*** 2015 Nissenbaum Internet Law Scholarship Essay – SHEILA A. VALENE (University of Colorado, Colorado Springs)
How Can The American Legal System Improve Its Approach To Policing And Regulating Digital Technology Without Unduly Stifling Innovation And Civil Liberties? We now have more information available at our fingertips than during all of collective history. This digital...
***WINNER*** 2015 Nissenbaum Internet Law Scholarship Essay – JAMES D. HAYES (Seattle University School of Law – Anticipated Graduation Date: May 2017)
How Can The American Legal System Improve Its Approach To Policing And Regulating Digital Technology Without Unduly Stifling Innovation And Civil Liberties? ...
***HONORABLE MENTION*** 2015 Nissenbaum Internet Law Scholarship Essay – ZENZELE OJORE (Rhode Island School of Design- Anticipated Graduation Date: 2018)
How Can The American Legal System Improve Its Approach To Policing And Regulating Digital Technology Without Unduly Stifling Innovation And Civil Liberties? As digital innovation grows and internet access is becoming easily accessible to people from and the world,...
***HONORABLE MENTION*** 2015 Nissenbaum Internet Law Scholarship Essay – SARA A. SIWIECKI (Chapman University- Anticipated Graduation Date: 2018)
How Can The American Legal System Improve Its Approach To Policing And Regulating Digital Technology Without Unduly Stifling Innovation And Civil Liberties? A person is staring at you from outside your bedroom window. When people do this, we usually call the police...
***HONORABLE MENTION*** 2015 Nissenbaum Internet Law Scholarship Essay – KELLY WALDO (Boston College Law School- Anticipated Graduation Date: 2018)
How Can The American Legal System Improve Its Approach To Policing And Regulating Digital Technology Without Unduly Stifling Innovation And Civil Liberties? ...
If One Sells a Sole Proprietorship, What Is Being Sold?
If one sells a corporation, the shares of stock are what is being sold. If one sells a limited liability company, the membership interest is what is being sold. However, when one sells a sole proprietorship – a business which is not an entity– what exactly is being...
Does The New Jersey Civil Rights Act Authorize A Private Cause of Action Against A Person Who Is Not Acting Under “Color Of Law”?
What started as a local town hall debate over a liquor license renewal ended as a state-wide lesson in grammar from the New Jersey Supreme Court. New Jersey’s highest court ruled last month that the phrase “person acting under color of law” found in N.J.S.A. 10:6-2(c)...
Are Internet Publishers Responsible for Advertisements for Potential Sexual Liaisons with Minors?
Are internet publishers responsible for advertisements for potential sexual liaisons with minors? In the middle of last year, a US District Court for the District of New Jersey found that a New Jersey Statute creating such responsibility was likely unconstitutional....
What is a Quit Claim Deed and How is it Used?
How do you sell something you don’t know if you own? That may sound like a nonsensical question, but there are many situations in which it comes up under the law. The typical example is with respect to real estate. Many times the real estate records do not tell the...
If the Seller of a Business Does Not Comply with Legal Requirements for the Sale, May They Use That Fact to Void the Sale Altogether?
May a Seller seek to void a contract for sale of his business by taking the position that the sale contract was violated and therefore unenforceable, when the seller itself is the one that did not comply? That issue was raised in Meadowbrook Industries, LLC v. Walker...
May a “Floating Forum Selection Clause” be Enforced by a New Jersey Court?
May a New Jersey Court enforce a floating forum selection clause in which someone from another jurisdiction is required to appear in New Jersey? The issue was recently dealt with in Professional Solutions Financial Services v. Cregar et al. Superior Court of New...
May A Producer Of Adult Content Sue Users Who Jointly Download Using BitTorrent?
There have been a number of cases in which federal courts have been addressing the issue of peer to peer downloads of adult content. Most of the cases allege copyright infringement on a joint basis, i.e., that all the defendants who downloaded the content should be...