Vol. 115

The law fails to accommodate the inconvenient fact that an individual’s identifiable genetic information is involuntarily and immutably shared with her close genetic relatives. Legal institutions have established that individuals have a cognizable interest in control­ling genetic information that is identifying to them. The Supreme Court recognized in Maryland v. King that the Fourth Amendment is impli­cated when arrestees’ DNA is analyzed,...

Several recent high-profile criminal cases have highlighted the dynamic nature of identity crimes in a modern digital era and the boundaries prosecutors sometimes push to squeeze arguably wrongful conduct into an outdated legal framework. In many cases, two federal statutes—18 U.S.C § 1028 and § 1028A—provide prosecutors with potent tools to aggressively pursue online identity thieves. But the broadly defined terms of these provisions may...

When a trademark registered with the Patent and Trademark Office is infringed, section 32 of the Lanham Act provides the trade¬mark registrant the opportunity to seek remedies in federal court. Thanks to a broad definition of “registrant,” the Act in fact extends standing beyond the registrant herself to her “legal representatives,” among others. This language has prompted courts to puzzle over the proper definition of a “legal representative.”...