Let Me See Your Phone: The U.S. Should Follow the U.K. In Allowing Border Agents to Search Electronic Devices at U.S. Borders

By: Aldina Kahari

I. Introduction

On average, approximately one million people cross the Mexico-U.S. border in each direction every day.[1] Of those crossings, only a handful occur illegally.[2] In 2017, there were almost 77 million international arrivals into the U.S., including arrivals from Mexico and Canada.[3] As our use of technology is ever-increasing, the amount of electronic devices that travelers bring along with them is increasing along with it.[4] In 2017, border agents at the U.S. border and at airports searched nearly 30,200 cellphones, computers, and other electronic devices of travelers entering and exiting the United States.[5] These numbers are an almost sixty percent increase from 2016.[6] With the growth in the use of portable technology such as cellphones and laptops, there remain many unanswered questions as to how and when searches of electronic devices can be conducted at our nation’s borders.[7]

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The Forgotten World of IP: How Can Intellectual Property Be Securitized and How It Should Be Regulated

By: Rachit Parikh

I. Introduction

The 2008 financial crisis spurred Congress into action and led them to enact regulation to protect consumers from financial institutions.[1] The regulation became known as the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (hereinafter “Dodd-Frank Act”).[2] Broadly, the goal of the act was to regulate both bank-based financial companies and non-bank financial companies, such as hedge funds, from risky lending, and to protect consumers from these type of actions.[3] More specifically, Congress enacted sets of rules that regulated securitizations of asset backed securities which used different forms of loans as collateral.[4] However, one aspect that has been overlooked is whether these provisions also govern intellectual property assets such as patents and copyrights.

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A New Gold Standard for Sports PSLs: The Golden State Warriors’ Membership Program

By: Michael Medved

I. Introduction

For the 2019-2020 National Basketball Association season, the Golden State Warriors concluded their long residency in Oakland’s Oracle Arena and embarked on a move across the bay to San Francisco’s newly constructed Chase Center.[1] True to the pathos of their Silicon Valley backgrounds, Warriors’ ownership implemented an innovative financing mechanism to assist in this move. But, “[w]hile Chase Center follows many 21st century arena trends—favoring an intimate fan experience instead of maximizing its seating capacity—the building’s financing [ran] counter to established norms.”[2]

The radical financing scheme the Warriors implemented to fuel construction of the Chase Center was called a membership program.[3] This program was an alteration to Personal Seat License’ (PSL) agreements as previously used by other sports franchises.[4] The membership program allowed the Warriors to solicit their rabid and wealthy fanbase to help fund construction of the Chase Center. Bruce Schoenfeld of the New York Times claims that Warriors owners Joe Lacob and Peter Gruber had envisioned this scheme since their purchase of the team. “Once Warriors’ owners Joe Lacob and Peter Guber decided their team needed a new arena, in San Francisco—and they seemingly made that decision before they bought the team in 2010—they also knew who would pay for it: the fans.”[5] Ultimately, the success of the program allowed “the Warriors to consolidate their arena, practice facility and basketball operations offices under a single roof and allow[ed] them to tighten their grip over all aspects of their business.”[6]

This article illuminates how the Warriors were able to persuade their fans to become purchasers of their membership offering in order to finance construction of the Chase Center. Specifically, this article will focus on how the Warriors were remarkably successful in this endeavor despite this membership not including the price of admission; but solely providing for the right to purchase admission. In doing so, this article will note the innovative strategies used by the Warriors that were held out as “carrots” to turn fans­—the most profitable of which being the Silicon Valley’s tech giants— into members. It will conclude with a recommendation for how future NBA teams incorporating a PSL should steal from the Warriors’ playbook.

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