To Unseal or Not to Unseal: The Judiciary’s Role in Preventing Transparency in Electronic Surveillance Applications and Orders
This essay addresses the issue of transparency in the judiciary regarding the sealing of applications for electronic surveillance. Specifically, it concerns the experiences of a federal magistrate who attempted to unseal a number of surveillance applications and orders.
For years, the Supreme Court and the Federal Circuit have dismissed state law claims by small inventors on the grounds that federal patent law preempts state laws offering patent-like protections. Recently, David Wawrzynski, a man who claims he invented the idea for Heinz’s new “Dip & Squeeze®” ketchup packet, filed state law claims against Heinz alleging it stole his idea. Instead of dismissing his claims, the Federal Circuit transferred the case to another court for a decision on the merits. This Casenote explores precedent and policy in an effort to understand why claims related to this ketchup packet invention were lucky enough to escape dismissal.
NEWS & EVENTS
August 12, 2014Defining the Whistleblower Under Dodd-Frank: Who Decides?
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