Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the...

In the spring of 2010, the Hamline Law Review hosted a symposium to mark the thirtieth anniversary of the adoption of the Uniform Trade Secrets Act. This article was written for the symposium and provides an exhaustive and detailed account of the historical context and drafting history of the...

Due to the limits on the scope of copyright protection that are expressed in Feist Publications v. Rural Telephone Service, database owners have advocated in recent years for legislation to provide increased protection for their compilations. Taking a cue from the software industry, the database...

When Congress enacts federal laws, it is often because of the asserted benefits of a “uniform” law and the, often unspoken, assumption that federal laws are somehow more uniform than uniform state laws. In fact, the uniformity argument was a primary justification for the enactment of both...

Within the past few years, the U.S. federal government has been forced to confront the massive but hard-to-quantify problem of foreign and state-sponsored cyberespionage against U.S. corporations, from Boeing to small technology start-ups, and (as of this writing) perhaps Sony Pictures...

Recently, a cacophony of concerns have been raised about the propriety of noncompetition agreements (NCAs) entered into between employers and employees, fueled by media reports of agreements which attempt to restrain low-wage and low-skilled workers, such as sandwich makers and dog walkers. In...

The computer industry and media are all abuzz about cloud computing. According to the providers of cloud storage services, businesses around the world can reduce the costs of acquiring and maintaining their computer systems by storing their documents and data in the cloud. Instead of having to...

A lot of attention has been paid in recent years to the question whether intellectual property (patents, copyrights, trademarks, and trade secrets) and other forms of information are property. To many owners and creators of information, the characterization of information as property provides...

We write to express our continued concerns about the Defend Trade Secrets Act (“DTSA”) and our willingness to assist you in determining how best to improve enforcement of legitimate trade secret rights. Unfortunately, the new DTSA appears to simply combine many of the provisions of the two...

The undersigned are 31 professors from throughout the United States who teach and write extensively about intellectual property law, trade secret law, innovation policy and/or information law. We urge Congress to reject the proposed legislation to create a new private cause of action under the...