Selected Articles

  • Fifteen Years of Fame: The Declining Relevance of Domain Names in the Enduring Conflict between Trademark and Free Speech Rights, 11 J. Marshall Rev. Intell. Prop. L. 1 (2011) (view)

Abstract: Domain name disputes have been the subject of substantial litigation, legislative action, and scholarly debate over the course of the past fifteen years.  Much of the debate is the product of disagreement concerning whether trademark rights naturally extend into the domain name space and to what extent those rights are limited by principles of free speech.  Gripe sites are paradigmatic examples of this debate.  Society’s investment in defining these rights continues to grow, even as the relevance of domain names may be declining, due to: (1) changes in the way users locate content on the Internet; (2) the growth of social media and its consequent de-emphasis on top level domain names; and (3) the dilution of the domain name space.

  • The Subpoena Provision of the Digital Millennium Copyright Act – A Legal Paradigm for Shifting Copyright Jurisprudence in Response to an Evolving Technological Landscape (2005) (view)
  • A Hole in the Bucket: The World Trade Organization’s Endeavor to Strike a Global Balance between Intellectual Property Rights and the Need for Access to Essential Medicines in Developing Nations (2005) (view)
  • Trade Secret Injunctions – Contemporary Issues and Public Policy Considerations (2004) (view)
  • Federal Habeas Relief under the Antiterrorism and Effective Death Penalty Act is Unwarranted Where a State Court Imposes a Sentence that is Not Contrary to, or an Unreasonable Application of, Clearly Established Federal Law: Lockyer v. Andrade, 42 Duq. L. Rev. 201 (2004) (view)

Abstract: The Supreme Court of the United States held that a California state court did not violate the Eighth Amendment’s prohibition against cruel and unusual punishment when it sentenced a recidivist offender to two consecutive prison terms of twenty-five years to life because the California state court did not act in a manner which was contrary to, or an unreasonable application of, clearly established federal law. 

  • Cyber-Prescribing: A Spoonful of Medical Malpractice  (2004) (view)
  • Maxillofacial Implications and Surgical Treatment of Arthrogryposis Multiplex Congenita, 22 Compend. Contin. Educ. Dent. 588 (2001) (view)

Abstract: A case of Arthrogryposis Multiplex Congenita which affected a patient’s temporomandibular joint is described. Pre-operatively, the patient’s interincisal opening was limited to nine millimeters. Elective surgery was performed, consisting of bilateral coronoidotomies, right and left meniscectomies, capsular release, and lateral pterygoid myotomies, and physical therapy was initiated postoperatively. Eighteen weeks following the surgery, the patient was able to open eighteen millimeters, and force open to twenty millimeters. The patient also noted significant improvement in speech and jaw function in the post-operative period.

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