Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Patents & Technology (6)
- Scientific Evidence (4)
- Technology (4)
- Vaccines (4)
- Biodefense (3)
-
- Biotechnology (3)
- Bioethics (2)
- Capital Cases (2)
- Case comment (2)
- Copyright (2)
- E-commerce (2)
- Ethics (2)
- Expert evidence (2)
- Forensic Science (2)
- Informed consent (2)
- Injuries (2)
- Intellectual property (2)
- Internet (2)
- Law (2)
- Science (2)
- Smallpox (2)
- Academic freedom (1)
- Access to justice (1)
- Adequate compensation (1)
- Administrative Procedure Act (1)
- Admissibility (1)
- Affirmative defenses (1)
- Agreement on trade-related aspects of intellectual property rights (1)
- Animal law (1)
- Anthrax (1)
- Publication
-
- UIC John Marshall Journal of Information Technology & Privacy Law (27)
- UIC Review of Intellectual Property Law (27)
- Canadian Journal of Law and Technology (17)
- Journal of Health Care Law and Policy (7)
- Duke Law & Technology Review (6)
-
- UIC Law Review (6)
- Indiana Law Journal (5)
- Indiana Journal of Global Legal Studies (3)
- Seattle University Law Review (3)
- Michigan Telecommunications & Technology Law Review (2)
- Sustainable Development Law & Policy (2)
- University of Michigan Journal of Law Reform (2)
- Animal Law Review (1)
- Michigan Law Review (1)
- The Journal of Appellate Practice and Process (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
- William Mitchell Law Review (1)
Articles 1 - 30 of 113
Full-Text Articles in Law
American State Appellate Court Technology Diffusion, Roger A. Hanson
American State Appellate Court Technology Diffusion, Roger A. Hanson
The Journal of Appellate Practice and Process
No abstract provided.
Sexual Harassment: Limiting The Affirmative Defense In The Digital Workplace, Donald P. Harris, Daniel B. Garrie, Matthew J. Armstrong
Sexual Harassment: Limiting The Affirmative Defense In The Digital Workplace, Donald P. Harris, Daniel B. Garrie, Matthew J. Armstrong
University of Michigan Journal of Law Reform
Digital communications sexual harassment is on the rise. Such harassment occurs through sexually offensive and unwarranted e-mails, placing harassing messages on electronic bulletin boards, and other forms of harassment that occur through the Internet. To date, courts have remained silent on the issue of sexual harassment by digital communications. Should this type of harassment be treated any differently than harassment that occurs in the physical space? The somewhat surprising answer is yes.
This Article advocates applying a new judicial framework for addressing digital communications sexual harassment. This new framework accounts for the real-world technology in the digital workplace and the …
Unmasking The John Does Of Cyberspace: Surveillance By Private Copyright Owners, Amy Min-Chee Fong
Unmasking The John Does Of Cyberspace: Surveillance By Private Copyright Owners, Amy Min-Chee Fong
Canadian Journal of Law and Technology
The goals of this paper are to: (1) explore the expectations of cyberspace privacy in a peer-to-peer context; (2) examine the consequences to Internet users arising from the surveillance tactics of private copyright owners; and (3) discuss possible ways in which a balance can be achieved between privacy and intellectual property rights. Part II of this paper sets out the meaning of information privacy, discusses the widespread use of peer-to-peer networks for trading copyrighted content, and examines the expectations of privacy in peer-to-peer networks. Part III discusses the surveillance tactics of private copyright owners, and explains how the surveillance of …
What The Dormouse Said: How The Sixties Counterculture Shaped The Personal Computer By John Markoff (New York: Penguin, 2005), Vaughan Black
What The Dormouse Said: How The Sixties Counterculture Shaped The Personal Computer By John Markoff (New York: Penguin, 2005), Vaughan Black
Canadian Journal of Law and Technology
What the Dormouse Said is the revisionary back- story of Silicon Valley; in particular, the roots of the current model of human interface with personal com- puters (video screen, keyboard, mouse) and the early stabs at creating the Internet. Markoff is a long-standing hi-tech reporter for the New York Times who, over the past 20 years, has co-written three computer-related books. In Dormouse, his fourth book (but first solo effort), he takes us back to the pre-ironic age — ‘‘the Flintstones era of computers’’ — when batch processing and beatniks still roamed the earth. His claim is that the various …
The Role Of Levies In Canada's Digital Music Marketplace, Jeremy F. Debeer
The Role Of Levies In Canada's Digital Music Marketplace, Jeremy F. Debeer
Canadian Journal of Law and Technology
This paper considers whether such initiatives are a desirable alternative to the current system of exclusive proprietary copyrights. My goal is not to evaluate the nuances of any particular levy scheme or proposal, but to consider the implications of the concept from a specifically Canadian perspective. Despite the generality of the analysis, many of the observations and conclusions about the viability of levy schemes relate to Canada’s actual experiences with its existing private copying levy.
The paper concludes that tariffs or levies on the products and services of third parties are not the best method to support the Canadian music …
Cryptography Export Controls - Canada's Dichotomous Cryptography Policy, Paul Bates
Cryptography Export Controls - Canada's Dichotomous Cryptography Policy, Paul Bates
Canadian Journal of Law and Technology
The effort to erect strong legal barriers to trans-national distribution of cryptography has significant gaps because strong cryptography can be obtained and used within Canada without legal restrictions. This paper advocates that Canada should exercise its discretion under the WA to diminish, not fortify, the restrictions of the export control regime.
Better To Give Than To Receive: Evaluating Recent Ip Donation Tax Policy Changes, Don Macbean
Better To Give Than To Receive: Evaluating Recent Ip Donation Tax Policy Changes, Don Macbean
Duke Law & Technology Review
Over the past decade, charitable contributions of intellectual property have grown rapidly. This growth has coincided with tremendous abuse as firms have sought inflated valuations of donated intellectual property in order to claim larger tax deductions. In 2004, Congress responded by passing section 882 of the American Jobs Creation Act, which drastically changed the rules governing donations of intellectual property. This iBrief argues that Congress, in addressing overvalued intellectual property donations, went too far in its efforts by failing to fully consider the importance of positive donor incentives. After discussing other proposed policies, this iBrief suggests a hybrid policy that …
Bioethics And Law: Between Values And Rules, Cinzia Piciocchi
Bioethics And Law: Between Values And Rules, Cinzia Piciocchi
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams
Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg
Bayes' Law, Sequential Uncertainties, And Evidence Of Causation In Toxic Tort Cases, Neal C. Stout, Peter A. Valberg
University of Michigan Journal of Law Reform
Judges are the gatekeepers of evidence. Arguably, the most difficult duty for a judicial gatekeeper is to screen the reliability of expert opinions in scientific fields such as medicine that are beyond the ken of most judges. Yet, judges have a duty to scrutinize such expert opinion evidence to determine its reliability and admissibility. In toxic tort cases, the issue of causation-whether the alleged exposures actually caused the plaintiffs injury-is nearly always the central dispute, and determining admissibility of expert causation opinion is a daunting challenge for most judges. We present a comprehensive review of the courts' struggles with the …
From Deepsouth To The Great White North: The Extraterritorial Reach Of United States Patent Law After Research In Motion, Daniel P. Homiller
From Deepsouth To The Great White North: The Extraterritorial Reach Of United States Patent Law After Research In Motion, Daniel P. Homiller
Duke Law & Technology Review
In the Internet age, complex telecommunications systems are often deployed with little regard for international borders. In NTP, Inc. v. Research in Motion, Ltd., the Federal Circuit determined that one such system infringed several U.S. patents, despite the fact that an essential element of the system was located outside the territorial United States. This iBrief argues that the Federal Circuit erred in invoking the "control and beneficial use" test, which it culled from the very few prior cases addressing extraterritorial application of U.S. patent law. In doing so, the court disregarded the Supreme Court's direction in Deepsouth Packing Co. v. …
A New Paradigm For Intellectual Property Rights In Software, Mark H. Webbink
A New Paradigm For Intellectual Property Rights In Software, Mark H. Webbink
Duke Law & Technology Review
A Winter 2004 article by Bradford L. Smith and Susan O. Mann of Microsoft published in The University of Chicago Law Review suggests that the development and growth of the software industry in the U.S. is a direct outgrowth of the implementation of intellectual property regimes, specifically copyright and patent, with respect to software in the late 1970s and early 1980s. This paper suggests that such patents were neither the sole nor the principal factor for the development of the software industry, that concerns about patents manifested prior to or soon after their application to software have proven true, and …
Troll Or No Troll? Policing Patent Usage With An Open Post-Grant Review, David G. Barker
Troll Or No Troll? Policing Patent Usage With An Open Post-Grant Review, David G. Barker
Duke Law & Technology Review
In December 2004, a mystery business, JGR Acquisitions Inc., purchased the patent portfolio of bankrupt Commerce One at auction. Commerce One had not previously enforced the acquired patents and many companies were using the patented technologies at the time of the auction. Patent watchdog groups argued that JGR--a potential patent troll formed solely to purchase Commerce One's patents--should not be able to use the patents as a vehicle to extract licensing fees and that the patents should lapse into the public domain. Under current law, however, there is no provision for patents to be invalidated merely because they are used …
Supporting Innovation In Targeted Treatments: Licenses Of Right To Nih-Funded Research Tools, Tanuja V. Garde
Supporting Innovation In Targeted Treatments: Licenses Of Right To Nih-Funded Research Tools, Tanuja V. Garde
Michigan Telecommunications & Technology Law Review
Support for new drug development has taken some interesting turns in current patent law jurisprudence. Beginning with the severe curtailment of scope of the common law experimental use doctrine in Madey v. Duke University, and culminating with the recent Supreme Court decision in Merck KGaA v. Integra Lifesciences I, Ltd., broadening the scope of the statutory research exemption, the freedom to conduct experimental research using another's patented inventions becomes dependent in part on the purpose of the research. That the patent at issue in Merck was characterized by the Federal Circuit as being directed to a research tool raised the …
Technology Wars: The Failure Of Democratic Discourse, Gregory N. Mandel
Technology Wars: The Failure Of Democratic Discourse, Gregory N. Mandel
Michigan Telecommunications & Technology Law Review
Conflicts over the use and regulation of various technologies pervade public discourse and have dramatic implications for the public interest. Controversies over the regulation of genetically modified products, nuclear power, and nanotechnology, among others, provoke some of the most socially and politically volatile debates of our time. These technology conflicts extract a substantial price from society--they create costly inefficiencies, prevent society from optimally managing new technologies, consume vast resources, and retard technological growth. This Article develops a framework for understanding technology controversies, and consequently proposes new means for resolving or ameliorating a variety of seemingly intractable legal and regulatory standoffs. …
Rising Governmental Use Of Biometric Technology: An Analysis Of The United States Visitor And Immigrant Status Indicator Technology Program, Lisa Madelon Campbell
Rising Governmental Use Of Biometric Technology: An Analysis Of The United States Visitor And Immigrant Status Indicator Technology Program, Lisa Madelon Campbell
Canadian Journal of Law and Technology
This article explores increased governmental interest in the use of biometric measurements as a means of identifying individuals and tracing their movements. Private industries, of course, are equally interested in biometrics, and often similarly capable of collecting and storing biometric information. For example, merchants in the United Kingdom require customers who pay by cheque to provide a thumbprint as an additional security measure against potential fraud. The issues raised by the use of biometrics in the private sector are somewhat different than those that arise in the public context. This article explores the increased reli- ance upon individual biometric measurements …
I Click, You Click, We All Click - But Do We Have A Contract? A Case Comment On Aspenceri.Com V. Paysystems, Charles Morgan
I Click, You Click, We All Click - But Do We Have A Contract? A Case Comment On Aspenceri.Com V. Paysystems, Charles Morgan
Canadian Journal of Law and Technology
It is trite to say that e-commerce has exploded over the last several years. Canadian individuals and businesses are entering into thousands and thousands of contracts online all the time. Yet, oddly enough, there is surprisingly little legal certainty or consistency regarding an essential legal question: what approach to online contract formation will create a binding legal contract? Such legal uncertainty is unfortunate, since buyers need to know when to ‘‘beware’’, merchants need to be able to manage risk, and courts need to have clear guidelines in order to be able to render informed, coherent decisions.
The issue of online …
Intelligent Agents: Authors, Makers, And Owners Of Computer-Generated Works In Canadian Copyright Law, Rex M. Shoyama
Intelligent Agents: Authors, Makers, And Owners Of Computer-Generated Works In Canadian Copyright Law, Rex M. Shoyama
Canadian Journal of Law and Technology
The central objective of this article is to propose a clarification of copyright law as applied to works created by intelligent agents. In Part I, the concepts of artificial intelligence and intelligent agents are introduced. Part II identifies the challenges that are presented to the tests of originality and authorship in the application of copyright to works generated by intelligent agents. It is argued that works created by intelligent agents may meet the tests of originality and authorship. It is also argued that the con- cepts of ‘‘author’’, ‘‘owner’’, and ‘‘maker’’ are distinct from one another in Canadian copyright law. …
L'Affaire Huntsman C. Soderbergh Ou Le Droit D'Expurger Les Films, René Pépin
L'Affaire Huntsman C. Soderbergh Ou Le Droit D'Expurger Les Films, René Pépin
Canadian Journal of Law and Technology
Deux éléments nous motivent. D’abord, comme on le devine, la technologie évolue à un rythme rapide en ce domaine. On n’en est plus au temps où les films étaient produits unique- ment sur une véritable pellicule de plastique qu’un censeur pouvait insérer dans une machine qui lui permettait littéralement de couper des parties indésirables et de recoller les embouts. L’informatique a envahi ce domaine. Il y a maintenant des logiciels sophistiqués qui agissent comme interface entre un disque DVD et l’écran, permettant au consommateur de choisir lui-même les séquences qui seront enlevées dans un film. On comprend que ceci pose …
Biotechnology Unglued: Science, Society, And Social Cohesion By Michael D. Mehta, Ed. (Vancouver: Ubc Press, 2005), Chidi Oguamanam
Biotechnology Unglued: Science, Society, And Social Cohesion By Michael D. Mehta, Ed. (Vancouver: Ubc Press, 2005), Chidi Oguamanam
Canadian Journal of Law and Technology
In Biotechnology Unglued, Mehta and his thirteen-member interdisciplinary team, comprising mainly of social scientists using a number of ‘‘case studies’’, explore in nine essays ‘‘how advances in agricultural, medical, and forensic biotechnology may threaten the social cohesiveness of different kinds of communities and at different scales’’. In a way, the project is a successful attempt to underscore the theme of (and imperative for) social accountability of science and bio/technological innovations. This 208-page collection of nine essays in a corresponding number of chapters is a remarkable effort. It is a departure from the traditional concerns regarding biotechnology innovations which, hitherto, emphasized …
Virtual Playgrounds And Buddybots: A Data-Minefield For Tweens, Valerie Steeves, Ian R. Kerr
Virtual Playgrounds And Buddybots: A Data-Minefield For Tweens, Valerie Steeves, Ian R. Kerr
Canadian Journal of Law and Technology
This article examines the online places where tweens play, chat, and hang out. We argue that the vision behind these places is defined by commercial imperatives that seek to embed surveillance deeper and deeper into children’s playgrounds and social interactions. Online marketers do more than implant branded products into a child’s play; they collect the minute details of a child’s life so they can build a ‘‘relationship’’ of ‘‘trust’’ between the child and brand. Although marketing to children is not new, a networked environment magnifies the effect on a child’s identity because it opens up a child’s private online spaces …
Willful Infringement And The Evidentiary Value Of Opinion Letters After Knorr–Bremse V. Dana, Joshua Stowell
Willful Infringement And The Evidentiary Value Of Opinion Letters After Knorr–Bremse V. Dana, Joshua Stowell
Duke Law & Technology Review
Recently, the Federal Circuit in Knorr-Bremse v. Dana overruled almost twenty years of precedent by striking down the adverse inference doctrine, which had created a negative presumption against any alleged patent infringer for failing to obtain and disclose a patent opinion letter at trial. The decision, while strongly supported by numerous intellectual property and business associations, has created uncertainty for patent attorneys regarding the use of opinion letters in litigation and the acceptable methods for proving willful infringement. This iBrief addresses two specific questions left unanswered by the decision. It concludes that (1) Federal Circuit precedent strongly suggests that the …
Patent Damage Strategies And The Enterprise License: Constructive Notice, Actual Notice, No Notice, James W. Soong
Patent Damage Strategies And The Enterprise License: Constructive Notice, Actual Notice, No Notice, James W. Soong
Duke Law & Technology Review
For the patent owner, early provision of patent notice can help maximize recoverable infringement damages during subsequent litigation. This iBrief recognizes a growing trend of infringement suits predicated on patented enterprise software technology, and analyzes application of patent notice principles against industry convention. This iBrief examines the licensing paradigm of enterprise software and questions whether mechanical compliance with the marking statute should qualify as constructive notice. Borrowing from analogous Federal Circuit principles, this iBrief concludes by proposing alternate notice theories that would empower patentees to seek increased remedies consistent with industry reality, case law, and fundamental statutory purpose.
Some Right Jabs And Back In The Ring: Lessons Learned From The Phase I Civilian Smallpox Program, Elin Gursky, Avani Parikh
Some Right Jabs And Back In The Ring: Lessons Learned From The Phase I Civilian Smallpox Program, Elin Gursky, Avani Parikh
Journal of Health Care Law and Policy
No abstract provided.
Informed Consent And Public Health: Are They Compatible When It Comes To Vaccines?, Wendy E. Parmet
Informed Consent And Public Health: Are They Compatible When It Comes To Vaccines?, Wendy E. Parmet
Journal of Health Care Law and Policy
No abstract provided.
Inoculation Inventions: The Interplay Of Infringement And Immunity In The Development Of Biodefense Vaccines, Cynthia M. Ho
Inoculation Inventions: The Interplay Of Infringement And Immunity In The Development Of Biodefense Vaccines, Cynthia M. Ho
Journal of Health Care Law and Policy
No abstract provided.
Fundamentals Of Information Technology By Sunny Handa (Markham: Lexisnexis Canada Inc., 2004), Barbara Darby
Fundamentals Of Information Technology By Sunny Handa (Markham: Lexisnexis Canada Inc., 2004), Barbara Darby
Canadian Journal of Law and Technology
In the early 1990s, I purchased my first stereo with a CD player. I found myself trapped in a conversation with someone who tried to convince me that it was utter folly not to buy a turntable, because CD technology simply couldn’t replicate the ‘‘warmth’’ of vinyl. Had I only Handa’s book to hand, I could have provided a straight- forward and understandable explanation for why my records were well enough left in my parents’ basement; although ‘‘digitization . . . fails to record all characteristics of analog data, even at the highest finite sampling rate . . . Complete …
Collateral Damage: The Effect Of The Database Debate On Other Acts Of Congress, 5 J. Marshall Rev. Intell. Prop. L. 78 (2005), Christopher A. Mohr
Collateral Damage: The Effect Of The Database Debate On Other Acts Of Congress, 5 J. Marshall Rev. Intell. Prop. L. 78 (2005), Christopher A. Mohr
UIC Review of Intellectual Property Law
Under the reasoning in Unied States v. Martingon, declaring the federal bootlegging statute unconstitutional, databases, as “non-writings,” could not be protected under Congress’s copyright power or commerce power. In other words, Congress’s power under Article I, Section 8, Clause 8 serves to limit its ability to act under Article I, Section 8, Clause 3. Marignon’s rationale raises questions about a variety of prospective and existing legislation that protects “non-writings” for an unlimited time, such as the trademark dilution statute. This article examines the merits of this contention, arguing that the manner in which the Supreme Court has handled overlapping Article …
Fifth Avenue And The Patent Lawyer: Strategies For Using Design Patents To Increase The Value Of Fashion And Luxury Goods Companies, 5 J. Marshall Rev. Intell. Prop. L. 40 (2005), Scott D. Locke
UIC Review of Intellectual Property Law
Design patents occupy a peculiar niche in intellectual property law. For instance, they are different from copyrights in that an accused infringer has no defense of independent creation, different from utility patents in that there is no prerequisite of a useful function, and different from trade dress in that there is no issue of secondary meaning. Design patents also contain only one claim, which makes the applicant’s drafting task particularly challenging—she must strike a delicate balance between claiming broad protection and establishing novelty. Furthermore, in litigation, the design patent plaintiff must satisfy two tests of infringement: the ordinary observer and …
To Be Presumed Or Not To Be Presumed . . . That Is The Enablement Question, 5 J. Marshall Rev. Intell. Prop. L. 140 (2005), Kristina A. Walker
To Be Presumed Or Not To Be Presumed . . . That Is The Enablement Question, 5 J. Marshall Rev. Intell. Prop. L. 140 (2005), Kristina A. Walker
UIC Review of Intellectual Property Law
In 2003, the Federal Circuit in Amgen Inc. v. Hoechst Marion Roussel, Inc. placed the burden of proving a prior art patent’s § 112 nonenablement on the patentee instead of the accused infringer. The patentee even bears this burden when the unclaimed subject matter is asserted to anticipate the patent at issue. This comment focuses on three questions that were created by the decision in Amgen. First, is material in a printed publication equivalent to unclaimed material in a patent? Second, is the holding in Amgn based on a false premise because it may accord a presumption of § 112 …