University of Southern California

Volume 80, Number 5 (July, 2007)

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    Dispossession, Intellectual Property, and the Sin of Theoretical Homogeneity
    Article by Brian M. Hoffstadt

    In the last several decades, the legal academy has devoted a great deal of attention to developing a cogent definition of “property.” During this period, scholars have grappled with the related question of how intellectual property rights – namely, patents, copyrights, trademarks, and trade secrets – fit within emergent property theories. By and large, the academy has concluded that intellectual property qualifies as “property” under all of the relevant analytical rubrics. As expected, both p...

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    Sampling Evidence at the Crossroads
    Article by Laurens Walker & John Monahan

    McLaughlin v. Phillip Morris USA, Inc., has been certified as a nationwide class action on behalf of an estimated 50 million “light” cigarette smokers. Plaintiffs seek more than $280 billion in damages, to be trebled to over $800 billion. In certifying this mass tort, District Judge Jack B. Weinstein announced his plan to completely abandon individualized adjudication in favor of aggregate factual determinations based on evidence from statistical samples. Prior to McLaughlin, at least two federa...

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    Torts v. Contracts: Can Microsoft Be Held Liable to Home Consumers for Its Security Flaws?
    Note by Emily Kuwahara

    In January 2003, the Slammer worm hit the Internet. Five of the Internet’s thirteen root-name servers shut down. Three hundred thousand cable modems in Portugal went offline, all of South Korea’s cell phone and Internet services went down, and Continental Airlines cancelled flights from its Newark hub due to its inability to process tickets. It took only six months after the disclosure of a security flaw for a virus writer to write the 376 byte virus. When it unleashed, it took ten minutes to in...

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    Room Enough for the Do-Gooders: Corporate Social Accountability and the Sherman Act
    Note by Sarah Rackoff

    Congress passed the Sherman Act in 1890 to combat the monopolies, trusts, and pooling arrangements that arose as businesses expanded in the wake of the Industrial Revolution. The purpose of the Act was to prohibit the price gouging effects that resulted from the cartel-like behavior of rapidly growing businesses, best represented by the controlling – and later, declared illegal – position of the Standard Oil Company. The nation resented growing corporations that “[s]eemingly at will…could raise...

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    Gerontology and the Law: A Selected Annotated Bibliography: 2002-2005 Update
    Bibliography by Paul J. Moorman & Jessica Wimer

    This bibliography serves as the 2002-2005 update to Gerontology and the Law: A Selected Annotated Bibliography. First published in 1980 by Law Library Journal, the bibliography has since been updated seven times between 1982 and 2001 in the Southern California Law Review. The original bibliography and the first five updates provide citations to a variety of books, articles, and other law related materials on various aspects of the law and gerontology. Starting with the sixth update, the style an...

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