As the cannabis industry grows and expands, the need for certainty in regard to cannabis-related contracts become more imperative. Arbitration is a useful tool for commercial businesses in transactions, and perhaps more so for stakeholders in the cannabis industry.
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Accessibility and Copyright Law
There are currently no blanket exceptions in copyright law for accessibility. Instead, arguments for accessibility rely on the doctrine of fair use and other statutory exceptions. New technologies, as seen with Audible’s Captions, make accessible formatting more convenient than ever.
Continue readingIancu v. Brunetti: Immoral and Scandalous Trademarks, Oh My!
The Lanham Act of 1946 created federal prohibitions against granting trademark protections for “immoral” or “scandalous” material. In June of 2019, the Supreme Court held in Iancu v. Brunetti that those prohibitions were unconstitutional, as they violated the first amendment. . . . This allows for trademark owners to enforce their rights against others using the trademark. However, whether this ruling will have an effect on commerce is yet to be seen.
Continue readingTax Implications of NCAA Student Athletes Accepting Endorsement Payments
On October 29, 2019, the NCAA voted unanimously to allow student athletes to receive compensation for their image rights. The specifics of this new profit-allowing arrangement with the NCAA must still be worked out, but this vote is a significant departure from the long-standing policy that prohibited college student athletes from receiving compensation.
Continue readingArtificial Intelligence & Patent Law
From Siri to self-driving cars, AI seems like something straight out of a science fiction novel. In fact, AI technology has been growing so rapidly that we must evaluate whether our patent doctrine needs an update.
Continue readingDirectly Indirect: the Recent Developments in Apple v. Pepper
While Apple v. Pepper may sound like a child’s imaginative battle between grocery items, it may prove to be the herald of cheaper products for consumers, particularly when it comes to digital software markets.
Continue readingEmployees Beware – Discrimination Concerns with Missouri’s Medical Marijuana Amendment
After passage of the state’s constitutional amendment, many Missourians are likely under the impression that there will be no negative repercussions for using medical marijuana. Although it may be true that there are no criminal repercussions . . . employers are free to . . . discriminate against these employees by disciplining, terminating, or refusing to hire them.
Continue readingShare, Retweet, Infringe: Intellectual Property in the Age of Social Media
Social media has offered the public many benefits through the ability to connect with people around the world and share groundbreaking ideas and works. However, the freedom to make information freely accessible comes at a cost, and people often do not realize what they are giving up when they post their work on social media.
Continue readingFrom Mouse to Monolith: How Disney Represents the Changing Entertainment Industry
The future is online, and Disney, just like many other film studios, is looking for ways to connect to their viewers in this ever-expanding platform.
Continue readingThe Continuing Offense Doctrine and its Effect on Embezzlement
It seems intuitive that embezzlement be classified as a continuing offense, especially in situations where the crime is repetitious and long-term in nature. However, the Supreme Court’s vague restrictions on the continuing offense doctrine in Toussie have led many federal circuit courts of appeals to not allow its application in cases of embezzlement.
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