PHYSICAL FRUITS VS. DIGITAL FRUITS: WHY PATANE SHOULD NOT APPLY TO THE CONTENTS OF DIGITAL DEVICES by Abbey Flynn
United States v. Patane allows admission of physical evidence found in violation of Miranda. And as currently interpreted, Patane means that even if an officer purposely violates Miranda, the contents of the device will likely be admissible in court. This article argues that Patane should not apply to the contents of digital devices due to the vast difference between the traditional physical evidence examined in Patane and evidence found on cellphones and computers. [read full article]
THE PREDICTIVE POWER OF PATENTS by Sabrina Safrin
This article theorizes that patents can telegraph something more dramatic and unexpected. It introduces the term “patent footprint” to connote the extent and intensity of a country’s patent activity in a given technology as measured by the amount and quality of patents issued to a country’s domestic inventors (including foreign patent offices) and, at times, by patent assignees from that country. [read full article]
INSURING CRYPTO: THE BIRTH OF DIGITAL ASSET INSURANCE by Adam Zuckerman
This paper outlines which insurers are providing digital asset insurance, how these companies are overcoming the challenges of underwriting this new insurance product, and which companies in the crypto ecosystem are obtaining coverage. It provides two proposals for how digital asset insurance could be more efficient, effective, and could grow more quickly. First, companies seeking digital asset insurance should explore captives, an insurance company wholly owned by the insured, as an alternative solution to informal self-insurance or traditional third-party insurance. Second, insurers could serve as a de facto regulatory force in the digital asset storage industry. [read full article]
DO IT FOR THE SNAP: DIFFERENT METHODS OF AUTHENTICATING SNAPCHAT EVIDENCE FOR CRIMINAL PROSECUTIONS by Maximilian Bungert
This Note explores the ways in which different jurisdictions authenticate Snapchat evidence in criminal trials. The author recommends that Illinois adopt the Texas approach and accept a more flexible standard for authenticating evidence that comes from the Snapchat accounts of criminal defendants. [read full note]
WHERE THERE IS SMOKE, THERE IS HYSTERIA: CAN THE BACKLASH AGAINST TRADITIONAL TOBACCO PREDICT FUTURE REGULATIONS ON E-CIGARETTES? by Tomasz Lewczykowski
This Note discusses the state of medical research regarding the health effects of e-cigarettes, taking into account the recent information regarding respiratory injuries. It compares and contrasts the state of research on e-cigarettes with that of traditional tobacco products from the 1960s, and predicts that e-cigarettes will follow a similar trajectory as traditional tobacco products with respect to advertising. [read full note]
CHIPS, GOLD, AND ISK: INDIVIDUAL PROPERTY RIGHTS IN FANTASY PERSONAS AND VIRTUAL CURRENCIES by Mike Sprinkle
This Note evaluates online video game personas’ in-game items and currency, and the Terms & Conditions promulgated by their parent companies. I argue that players have a property interest in video game currency, capable of being transacted for real-world value, and enforcement of the games’ Terms may violate state gambling laws or the equitable doctrines of unjust enrichment and unconscionability. [read full note]