Just as AI enables computers to perform increasingly complex tasks, it, however, also raises a host of novel issues at its intersection with the law, including issues for litigants in patent infringement suits. The investment in AI technologies likely will lead to an increase in AI-related...

This paper analyzes United States v. Arthrex, in which the Supreme Court found PTAB judges (sometimes dubbed as the “patent death squad”) unconstitutionally appointed in violation of the Appointments Clause, along with its broader political and congressional impact ex ante. In particular,...

We find PASPA's partial and non-uniform ban on state-sponsored sports wagering to run afoul of the equal sovereignty doctrine's general constraints as set forth in Shelby County and Northwest Austin. PASPA also fails equal sovereignty scrutiny for two other narrower reasons. First, for a law...

This article uses the context of daily fantasy sports (DFS) to analyze how companies use strategic categorization in regulatory arbitrage. DFS is an ideal context to study this issue for three reasons. First, DraftKings and FanDuel were able to categorize themselves differently to different...

This article briefly describes the legal position in Australia prior to the Ice decision. It then explains the nature of the changes to that position as a consequence of the Ice decision. After dealing with the Ice decision, the recent first-instance decision in Phone Directories will be considered

Contemporary intellectual property law applications illustrate a very dynamic and rapidly evolving conceptual environment. The proverbial conflict has been between the protection of intellectual creation and the general freedom to create de novo, including expressions of one’s intellect that...

The NCAA maintains a balance between amateurism and the increasing need for generating revenue. In this balancing act, there are various policy considerations and legal constraints. These legal and policy entanglements bore such class action suits as Keller v. Electronic Arts, National...

As chair of the Australian Competition and Consumer Commission, Professor Allan Fels blasted his way into popular consciousness by aggressively using the media to promote noholds-barred enforcement against businesses that breached competition and consumer protection laws. Opinions were sharply...

This article is about the interpretation of legal texts. Its immediate aim is to defend, against a certain sort of originalist objection, the well-known cases that hold that the Australian Constitution, by implication, guarantees certain political freedoms and entitlements. That is not to say...

Australian case law on infringement of registered trade marks has placed an increasing emphasis on the reputation of the owner of the registered trade mark in determining whether infringement has occurred. Consideration of the trade mark owner's reputation has been included in determining...