The Berkeley Technology Law Journal, known as BTLJ, is a premier publication. It focuses on legal issues where technology and law intersect and evolve. Volume 31 continues this tradition with insightful, diverse articles from top scholars. The journal covers intellectual property, cybersecurity, antitrust, and emerging technology challenges. This volume reflects ongoing debates in law shaped by rapid technological innovation.
Volume 31 is composed of two issues, released in 2016 and 2017. These issues collectively address critical topics like patent law reform and digital surveillance. From antitrust law to software copyright debates, there are articles for everyone. The authors provide both theoretical perspectives and practical policy recommendations. Together, these pieces highlight the dynamic nature of technology law today.
This volume is notable for its interdisciplinary approach and global outlook. It tackles not only U.S. law but also international perspectives and emerging markets. The scholarship balances rigorous legal analysis with pressing social and ethical concerns. Readers gain insights into how technology influences law and vice versa. Academics and legal professionals alike will find volume 31 useful.
Table of Contents
Intellectual Property and Innovation in Volume 31

Volume 31 of BTLJ places strong emphasis on intellectual property issues. Articles examine how patent law affects innovation incentives and competition. Robert P. Merges explores absolute liability in patent infringement cases. He discusses balancing enforcement with promoting creativity and progress. The issue highlights challenges in aligning patent law with modern technology.
Another significant contribution discusses strategic decisions in dual patent proceedings. Authors analyze the complex interactions between the Patent Trial Board and courts. This insight helps litigators and policymakers understand patent dispute dynamics. The journal also includes analysis of patents as sources of technical information. These discussions illuminate the multiple roles patents play in innovation.
Pamela Samuelson’s article refines legal tests for software copyright protection. She distinguishes between functional and expressive elements of computer programs. This distinction is vital for protecting innovation while avoiding overreach. Such nuanced legal frameworks ensure Berkeley Technology development remains vibrant and fair. Volume 31’s focus on intellectual property law reflects ongoing technological transformation.
- Volume 31 of BTLJ covers a broad range of technology law topics.
- It includes detailed analyses of patent law’s impact on innovation incentives.
- Scholars debate the merits and drawbacks of absolute patent infringement liability.
Patent Law and Its Modern Challenges
Volume 31 discusses patent law’s evolving role in Berkeley Technology innovation. Scholars explore how courts and agencies handle patent disputes differently. The articles analyze legal strategies involving the Patent Trial and Appeal Board. These insights help clarify the complex patent litigation environment today.
Robert P. Merges advocates reconsidering absolute liability for patent infringement. His arguments balance protection for inventors with encouraging new creations. Strategic decision-making in dual proceedings is another key theme. These topics highlight patent law’s importance for future technological progress.
Copyright and Software Protection

Pamela Samuelson’s work in Volume 31 refines copyright rules for software. She distinguishes functional parts from creative expression within computer programs. This distinction protects innovation without granting overly broad rights. Clear guidelines help developers and users navigate copyright complexities.
Jiarui Liu offers a cross-Pacific perspective on copyright reform efforts. The article compares U.S. and Asia-Pacific approaches to copyright markets. Different legal traditions influence how copyright is enforced internationally. These analyses promote a better understanding of global copyright law.
Berkeley Technology, Society, and Regulation
Volume 31 also explores important societal and regulatory issues linked to technology. Jonathon Penney’s work reveals how surveillance chills online participation and expression. This research shows surveillance’s negative effects on platforms like Wikipedia. It raises critical questions about privacy and free speech protections. The article highlights the need for balancing security with civil liberties.
Rebecca Wexler proposes reforms to increase transparency in national security investigations. Her article calls for notifying affected individuals about National Security Letters’ usage. This could improve accountability and public trust in government surveillance. The discussion ties into broader debates over secrecy and democratic oversight. Wexler’s proposal offers practical pathways for surveillance reform.
Drug pricing and competition receive attention through antitrust law analysis. The Turing Pharmaceuticals’ price hike of Daraprim is scrutinized closely. Authors suggest antitrust law as a tool to challenge such abuses. This reflects wider concerns over access to affordable medicines globally. Volume 31 therefore connects technology law with urgent public health issues.
- The journal explores the relationship between the PTAB and district court litigation.
- Pamela Samuelson clarifies how copyright protects software’s expressive, not functional parts.
- Articles examine the chilling effects of surveillance on online participation and speech.
Surveillance, Privacy, and Online Expression

Jonathon Penney’s article reveals the chilling effects of surveillance online. People may self-censor when they feel monitored on platforms like Wikipedia. This raises concerns about the impact of surveillance on free speech. Protecting privacy is essential for maintaining vibrant online communities.
Rebecca Wexler focuses on transparency for national security letter investigations. She suggests notifying affected individuals to enhance government accountability. This approach aims to balance national security with civil liberties. Greater transparency can help restore public trust in surveillance practices.
Antitrust, Competition, and Public Health
Volume 31 includes analysis of antitrust law in pharmaceutical pricing. The Daraprim case highlights issues with extreme drug price increases. Authors propose using competition law to address abusive pricing strategies. This topic links technology law to urgent healthcare access debates.
Kristelia A. García’s work advocates remedial regulation to support competition. She argues that proactive policies can correct market imbalances effectively. Maintaining competition fosters innovation and consumer benefits across industries. These contributions highlight regulatory law’s evolving role in Berkeley Technology.
- National Security Letters’ secrecy and transparency are critically assessed for reform.
- The role of antitrust law in controlling excessive pharmaceutical pricing is discussed.
- Cross-Pacific perspectives reveal important differences in copyright markets and enforcement.
- The journal emphasizes balancing technology innovation with ethical and social concerns.
- Volume 31 provides valuable insights for legal professionals, scholars, and policymakers alike.
Faq’s
What topics does Berkeley Technology Law Journal Volume 31 cover?
It covers intellectual property, surveillance, antitrust, software copyright, and regulation.
Who contributes articles to Volume 31 of BTLJ?
Scholars, legal practitioners, and students contribute diverse, expert legal analyses.
How does Volume 31 approach patent law discussions?
It explores liability, litigation strategy, and patents’ informational role in innovation.
Does Volume 31 discuss Berkeley Technology’s impact on society?
Yes, including surveillance’s chilling effects and transparency in national security practices.
What relevance does Volume 31 have for legal professionals?
It offers insights into emerging technology law issues and policy challenges.
Conclusion
Volume 31 of the Berkeley Technology Law Journal offers critical legal insights. It addresses complex issues at the intersection of Berkeley Technology and law. The scholarship combines theoretical frameworks with practical policy recommendations effectively. This volume’s diverse topics highlight challenges facing modern technology regulation today. It remains an essential resource for academics, practitioners, and policymakers alike.
The journal’s focus on intellectual property underscores ongoing innovation concerns worldwide. Articles explore patent enforcement, software protection, and copyright market dynamics. Volume 31 also highlights important societal impacts such as surveillance and privacy. It advocates transparency, competition, and balancing security with civil liberties. These discussions emphasize law’s evolving role in shaping technological futures.
Ultimately, Volume 31 demonstrates Berkeley’s leadership in Berkeley Technology law scholarship. The journal encourages interdisciplinary dialogue and thoughtful legal reform proposals. Its comprehensive coverage supports informed decision-making in a digital world. Readers gain a deeper understanding of law’s interaction with technology. This volume’s lasting relevance ensures its continued influence for years.
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