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Jurimetrics Spring 2019

Volume 59 Issue 3  

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Technology

The Uniform Regulation of Virtual-Currency Business Act: Advancing State Regulatory Interests in a Truly Cashless Economy

Americans are engaging in increasingly fewer cash transactions, opting instead to use fast and secure electronic and digital transaction tools such as debit and credit cards, online banking portals, and Apple Pay. These services, combined with the widespread use of direct deposit, are advancing the evolution of a cashless economy that is unencumbered by the practical constraints of physical currency.

Health

Talcum Powder and Expert Power: Admissibility Standards of Scientific Testimony

Johnson & Johnson was ordered to pay billions of dollars to tort plaintiffs from 2016 to 2018. These billions were almost exclusively awarded by juries in the 22nd Judicial Circuit of St. Louis, Missouri, to non-Missouri residents. Missouri embodies the perfect storm for companies like Johnson & Johnson, touting a lax standard of admissibility for scientific expert witness testimony and a long-arm jurisdiction statute. In New Jersey, however, two plaintiffs had similar cases against Johnson & Johnson dismissed.

Note

Technology

House of the Rising Sun: SolarCity Corp. v. Arizona Department of Revenue and the Taxation of Leased Solar Panels

This Note analyzes the Arizona case of SolarCity v. Arizona Department of Revenue. Specifically, this Note contends that both appellate courts—the Arizona Court of Appeals and the Arizona Supreme Court—incorrectly held the Arizona Depart-ment of Revenue could not tax leased residential solar panels as it does similar equipment used by utility companies. The Arizona Court of Appeals also incorrectly found a statute applying a zero-valuation to residential solar systems “designed . . . for on-site consump-tion” to be constitutional under both the Exemptions Clause and the Uniformity Clause of the Arizona Constitution.

Book Review

Intellectual Property

The End of Ownership by Aaron Perzanowski and Jason Schultz

Until recently, consumers viewed intellectual property (IP) law as an arcane legal specialty, remote from their daily lives. IP law is such a difficult subject that courts cannot consistently agree on the interpretation of its most fundamental doctrines. What hope does a consumer have? Most of humanity is not an engineer or research scientist, does not write music professionally, and is not producing commercial software or a major motion picture. He might want to know a few basics about criminal law, family law, and even tax law; surely he cannot be expected to delve into the profundities of IP law that baffle even experts. Then came the Digital Age.