Law Commons^™

Celebrating Communications Technology For Everyone, Peter David Blanck

Federal Communications Law Journal

No abstract provided.

Between Advocacy And Responsibility: The Challenge Of Biotechnology For International Law, James Buchanan

Buffalo Journal of International Law

No abstract provided.

Technology Comes To The Courtroom, And . . ., Fredric I. Lederer

Faculty Publications

No abstract provided.

Daubert V. Merrell Dow Pharmaceuticals: Pushing The Limits Of Scientific Reliability--The Questionable Wisdom Of Abandoning The Peer Review Standard For Admitting Expert Testimony, Alan W. Tamarelli, Jr.

Vanderbilt Law Review

Historically, trial courts have been cautious about allowing juries to hear testimony from scientific experts. When a testifying expert professes to have knowledge in a specialized field, juries often find sorting out issues of credibility and relevance difficult and confusing.' Therefore, federal courts traditionally have attempted to exclude expert testimony if its basis has not yet gained a requisite degree of acceptance within a relevant community of experts. The justification for this limitation is that those people who are in the best position to understand and evaluate this evidence-other experts-should make judgments about the reliability of scientific evidence. This contingent …

Is Care Enough? Proceed With Care: Final Report Of The Royal Commission On New Reproductive Technologies, Diana Majury

Dalhousie Law Journal

Having just finished reading Proceed with Care: Final Report of the Royal Commission on New Reproductive Technologies, I find that the questions I am left with pertain less to the technologies themselves, although I certainly do have those, and more to the role and effectiveness of royal commissions generally, and this Royal Commission specifically. I am left wondering, Was it worth it? What really was the point of it all? How could we expect any group of seven-or was it nine? well, ultimately five people-to respond with depth and substance to a mandate that required them to "inquire into and …

The Wright Enabling Disclosure For Biotechnology Patents, Karen S. Canady

Washington Law Review

The disclosure in a patent specification must enable others to make and use the claimed invention. In the competitive biotechnology industry, companies often seek broad claims to protect contemplated embodiments of their inventions that have not yet been reduced to practice. In In re Wright, the Federal Circuit recently challenged this approach when it upheld the rejection, for lack of enablement, of all but the narrowest claims to a vaccine genetically engineered to protect against retroviruses. This decision unreasonably elevates the established standard for enablement by limiting biotechnological patent protection to only those embodiments of a claimed invention whose success …

Video Depositions, Transcripts And Trials, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont

UIC John Marshall Journal of Information Technology & Privacy Law

The author argues that courts must take into account industry demands for interoperable computer products in determining the proper scope of protection enjoyed by computer software. Part II of the article discusses the technical aspects of a communications software system in the context of a hypothetical software developer. Part III of the article analyzes how compatibility concerns affect the determination of the proper scope of copyright and trade secret protection. Part IV of the article gives an overview of the anti-trust concerns in light of the current debate surrounding interoperability. The article concludes that economically adequate legal protection for communications …

The Encrypted Self: Fleshing Out The Rights Of Electronic Personalities, 13 J. Marshall J. Computer & Info. L. 1 (1994), Curtis E. A. Karnow

UIC John Marshall Journal of Information Technology & Privacy Law

The electronic community is faced with a now classic dilemma: the tug-of-war between the desire for a free flow of information and the need for privacy. The problem can be recast as the pull between freedom of access in one direction, and, in the other direction, the right of self-determination and control over the dissemination of information. Often, the same individuals and organizations are vociferously in favor of both interests. The interests at stake are, respectively, those of the community versus those of the individual. The conflict is the traditional juxtaposition, which raises the traditional issue of rights, responsibilities and …

Ibm V. Comdisco: Are Modified 3090 Computers Counterfeit?, 13 J. Marshall J. Computer & Info. L. 93 (1994), Amy J. Grason

UIC John Marshall Journal of Information Technology & Privacy Law

This casenote discusses the recent settlement between IBM and Comdisco where IBM sued Comdisco and three other independent brokers to restrict the leasing of modified IBM equipment. Specifically, IBM argued that the reconfiguring of its IBM 3090 by the defendants violated IBM’s trademark rights. The note discusses how IBM denied the authenticity of the modified IBM 3090’s. The author argues that the sale or lease of trademarked products, which have been altered but which are so identified cannot, as a matter of law, violate trademark rights. The author further states that by allowing manufacturers to disavow their own products is …

Virtual Reality: The Reality Of Getting It Admitted, 13 J. Marshall J. Computer & Info. L. 145 (1994), Mary C. Kelly, Jack N. Bernstein

UIC John Marshall Journal of Information Technology & Privacy Law

Computer animation is the newest tool to turn up in courtrooms around the country in the area of demonstrative evidence. These animations create a virtual reality that lawyers can use to demonstrate objects, situations, or acts to juries -- objects, situations, and acts that would otherwise be difficult for a group of people to completely appreciate or understand through more traditional evidnetiary means. Recent technological advancements mean that this three-dimensional virtual reality can make quite an impact on a jury or judge, without making too great an impact on client's budgets. Computer animation and the various types of virtual reality …

Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon

UIC John Marshall Journal of Information Technology & Privacy Law

In 1996, Congress passed the Freedom of Information Act (FOIA) to promote public access of information held by the federal government. Consequently, fifty states followed the lead by passing similar statutes providing public access to information held by state governments. While FOIA statutes facilitates the dissemination of information, the use of "records" in the statutes proves to be problematic in this computer age. Part of the accessible records is the information of redistricting of the states, a federal constitutional requirement on the states every ten years. In the Brown v. Iowa Legislative Council, plaintiff sought to gain access to the …

Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick

UIC John Marshall Journal of Information Technology & Privacy Law

The computer has caused changes to over forty areas of the law. While not exhaustive, the areas of law examined in this article show that computers have caused certain areas of the law to evolve while others remain virtually unchanged. Computer use has not changed in the area of commercial law. Computer contracts can involve hardware, software or services. Whether the Uniform Commercial Code applies to acquisitions has been the subject of much litigation turning on whether the software is canned or custom. Courts analyze the custom software cases under existing tests including the "dominant element" test, the "end product …

§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine

UIC John Marshall Journal of Information Technology & Privacy Law

Section 117, of The Copyright Act of 1976, which regulates the copying of a computer software program by an authorized or registered user, serves as an exception or defense to an allegation of software infringement. This exception is grounded in the concept that an individual who lawfully purchases a computer software program should have the right to copy that program to some extent. However, courts have not developed a uniform approach to analyzing Section 117. This paper offers a union of tests used individually by courts to resolve this problem of legal inconsistency. The courts have developed a three-step approach …

The American Health Security Act And Privacy: What Does It Really Cost?, 12 J. Marshall J. Computer & Info. L. 585 (1994), Susan E. Corsey

UIC John Marshall Journal of Information Technology & Privacy Law

For many years, the American health care system has been plagued by dependence on a cumbersome paper-based recording system that adds to the astronomical cost of health care in the U. S. In 1994, President Clinton proposed a national health care plan, the American Health Security Act, that would ensure comprehensive health care insurance to all Americans regardless of health or employment status. The proposed system depends on a centralized computer system that offers streamlined access to health care information, which must be accessible anywhere the patient goes. Although the proposed system would offer greater efficiency and consistency in the …

Electronic Data Interchange: Uses And Legal Aspects In The Commercial Arena, 12 J. Marshall J. Computer & Info. L. 511 (1994), Robert W. Mckeon Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

Electronic Data Interchange (EDI), computer-to-computer communication, allows rapid exchange of information and is capable of dramatically increasing commercial efficiency. Faster than mail, personal meetings and communication via telephone, EDI will include recordkeeping, communication between governments, retail use and healthcare streamlining. EDI may pose future evidentiary problems including proving the source and content of the message. Numerous techniques may offer greater reliability of authentication of electronic messages by creating an audit trail when EDI is used. Using EDI for commercial transactions involving the sale of goods raises questions of contract law and the Uniform Commercial Code regarding the statute of frauds …

Legal Expert System Building: A Semi-Intelligent Computer Program Makes It Easier, 12 J. Marshall J. Computer & Info. L. 555 (1994), Grayfred B. Gray, Bruce J. Maclennan, John E. Nolt, Donald R. Ploch

UIC John Marshall Journal of Information Technology & Privacy Law

The Natural Language Expert System Builder (NLESB) assists attorneys in producing intelligent, precise and clear legal documents. This system allows the user to link from one rule to another, which helps the attorney to find differently stated propositions that mean the same thing. In addition, the NLESB serves as a check to verify that the law within the document is in good form. The system promotes consistency by bringing similarities to the attorney's attention, it increases the clarity and precision of an argument within a legal document, and it eliminates passive voice and places the emphasis on the object of …

United States V. Deaner: Thermal Imagery, The Latest Assault On The Fourth Amendment Right To Privacy, 12 J. Marshall J. Computer & Info. L. 607 (1994), Bradley J. Plaschke

UIC John Marshall Journal of Information Technology & Privacy Law

The United States government's innovative use of thermal imaging technology to battle against cultivation and trafficking of marijuana is the center of debate. In United States v. Deaner, the District Court of Pennsylvania and Maryland erred in ruling that the United States government's use of thermal imaging technology in detecting the presence of marijuana and cultivation materials in the home of Tab Deaner was proper and did not violate Deaner's Fourth Amendment right to privacy. The Court affirmed Deaner's constitutional right to a subjective expectation of privacy with respect to heat emanating from his home. The Court compared the facts …

1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 12 J. Marshall J. Computer & Info. L. 679 (1994), Spiro P. Fotopoulos, Joseph E. Helweg, Alyce E. Hill

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1993 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 12 J. Marshall J. Computer & Info. L. 627 (1994), Timothy R. Rabel

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 12 J. Marshall J. Computer & Info. L. 645 (1994), Marie-Louise R. Samuels, Thomas W. Poultron, Scott W. Mcmickle

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker

UIC Law Review

No abstract provided.

Acceptable Risk: A Conceptual Proposal, Baruch Fischhoff

RISK: Health, Safety & Environment (1990-2002)

Challenging the "de minimis risk" concept, Dr. Fischhoff argues that risks ought not to be considered apart from a particular technology's benefits. He argues, too, that the acceptability of particular kinds of risks should not be determined without considering the views of all persons who may be exposed. Finally, building upon the "reasonable person" construct, he suggests ways those goals might be achieved.

Controversial Science In The Courtroom: Daubert And The Law's Hubris, Paul S. Milich

Faculty Publications By Year

No abstract provided.

Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed?, Jean R. Sternlight

Scholarly Works

In response to cries from both the public and the medical community for increased research and improved treatments with respect to pediatric AIDS, some state legislatures have attempted to enact legislation that would require routine mandatory testing of newborns for HIV on a non-anonymous basis.

Those who favor mandatory testing of newborns contend that such testing is necessary in order to protect the health of newborns and to ensure that the newborns' doctors provide them with adequate care. Moreover, testing advocates argue that because most hospitals already screen anonymously, failing to inform parents of the test results is inappropriate and …

Thinking Like A Lawyer, Emily Calhoun

Publications

No abstract provided.

Roundtable Discussion: Science, Environment, And The Law, James E. Krier

Articles

Science, environment, and the law is our topic. The problem of interest to me has to do with risk regulation and, more particularly, with the fact that technical and scientific views of risk differ dramatically from lay or public views. How is this conflict to be managed and resolved? I have to go through my account very quickly, given the time constraint, so let me mention that it is based on an article that sets out my arguments at length.'

Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg

Other Publications

Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public; the new pro-patent policy stresses the need for exclusive rights as an incentive for industry to invest in bringing new products to market.

A Technology Policy Perspective On The Nih Gene Patenting Controversy, Rebecca S. Eisenberg

Articles

This article will use the NIH patent controversy as a focal point for considering when the results of government-sponsored research should be patented and when they should be dedicated to the public domain. First, this article will review the recent history of federal government policy on patenting the results of government-sponsored research. Next, this article will highlight some of the complexities involved in achieving technology transfer from the public sector to the private sector that current policy may oversimplify. With this background, this article will return to a more detailed analysis of the NIH cDNA patenting controversy and consider the …