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Articles 31 - 60 of 90
Full-Text Articles in Law
Halve The Baby: An Obvious Solution To The Troubling Use Of Trademarks As Metatags, 18 J. Marshall J. Computer & Info. L. 643 (2000), Dan Mccuaig
UIC John Marshall Journal of Information Technology & Privacy Law
In this article, the author proposes a solution to decide when metatags of other companies' trademarked terms should be allowed. First the author begins by describing the nature and function of metatags. A brief discussion of the relevant aspects of trademark law as they apply to trademark-metatags are fully investigated. The author then provides two significant cases in this field to support his contention. Following this discussion, the author proposes a solution to the use of trademark-metatags. Finally, the author ends this article with a discussion of anticipated market reactions to the "trademarks" metatag.
The Legislative Jurisdiction Of States Over Transactions In International Electronic Commerce, 18 J. Marshall J. Computer & Info. L. 689 (2000), Tapio Puurunen
The Legislative Jurisdiction Of States Over Transactions In International Electronic Commerce, 18 J. Marshall J. Computer & Info. L. 689 (2000), Tapio Puurunen
UIC John Marshall Journal of Information Technology & Privacy Law
With increasing growth and development of E-commerce and a rapid increase in the number of Internet Users, government assessment of current protections granted to consumers in their states is encouraged. The author's purpose is to examine national legislation on e-commerce regulation and its limits, to resolve jurisdictional conflict of laws associated with e-commerce, and to propose possible solutions to these emerging problems. This article covers market functions between business and consumer transactions. First, government should not ignore consumer e-commerce since e-commerce trade is significant on both national and international levels. Secondly, the author pushes for an extensive effort to unify …
Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky
Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky
UIC John Marshall Journal of Information Technology & Privacy Law
This article uses the Napster controversy as a stepping stone to discussing copyright law in the Internet age. Section II of the article discusses music piracy over the internet and MP3 files. Section III of the article discusses the birth of Napster and its functions. Section IV details the allegations against Napster by the RIAA. Section V. discusses Copyright Law in the digital age. Various forms of copyright infringement such as direct liability, contributory liability, vicarious liability are fully assessed. Furthermore, the author discusses the response of legislative efforts to emerging copyright challenges on the internet. Section VI examines Napter's …
Diana's Law, Celebrity And The Paparazzi: The Continuing Search For A Solution, 18 J. Marshall J. Computer & Info. L. 945 (2000), Richard J. Curry Jr.
Diana's Law, Celebrity And The Paparazzi: The Continuing Search For A Solution, 18 J. Marshall J. Computer & Info. L. 945 (2000), Richard J. Curry Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
Celebrities and the media possess a unique relationship. Many celebrities skillfully use the media to market and advertise their movies, television shows, books, and records. They use the media to propel their careers and create a marketable celebrity image. Society is celebrity crazed and magazines, tabloids and other media forms such as Entertainment Tonight and Access Hollywood have combined to feed that craze. Our society's hunger for celebrities has spawned the existence of photographers known as the paparazzi. Armed with zoom lenses, high-powered microphones, and the promise of huge cash rewards for an exclusive celebrity expose, the paparazzi have become …
In Congress Electric: The Need For On-Line Parliamentary Procedure, 18 J. Marshall J. Computer & Info. L. 963 (2000), Phil Reiman
In Congress Electric: The Need For On-Line Parliamentary Procedure, 18 J. Marshall J. Computer & Info. L. 963 (2000), Phil Reiman
UIC John Marshall Journal of Information Technology & Privacy Law
Building a set of rules for operating an ordered, effective online association is the first step toward building virtual communities and the first step toward a democratic "e-government." Disputes online are not rare; they are just rarely resolved. Currently, online forums are watched over by a moderator, who is charged with keeping the discussion on track, and to keeping the debate from getting personal. Almost everyone who has been in an online discussion is aware of "Netiquette", the informal rules that govern chat room conversations. Everyone is equally aware that these rules are often ignored. While the exchange of ideas …
The Postman Always Rings 4,000 Times: New Approaches To Curb Spam, 18 J. Marshall J. Computer & Info. L. 915 (2000), Credence E. Fogo
The Postman Always Rings 4,000 Times: New Approaches To Curb Spam, 18 J. Marshall J. Computer & Info. L. 915 (2000), Credence E. Fogo
UIC John Marshall Journal of Information Technology & Privacy Law
Before 1994, the average Internet user received little unsolicited commercial email, or "spam." But that all changed in April 1994, when enterprising Arizona lawyers Laurence Canter and Martha Siegel sent spam advertising their immigration law "services" to approximately 8,000 Usenet newsgroups reaching approximately 20 million people. It inspired irate Usenet users to flame Canter and Siegel in such great volume that the attorneys' ISP's computer crashed. The computer overloads Canter and Siegel's stunt caused also completely knocked out New Zealand's Internet access. But the ads must have worked because despite the fallout, Cander and Siegel persisted in their spam ad …
Falling Into The Gap: The European Union's Data Protection Act And Its Impact On U.S. Law And Commerce, 18 J. Marshall J. Computer & Info. L. 981 (2000), Marie Clear
UIC John Marshall Journal of Information Technology & Privacy Law
The European Union ("E.U.") has been economically consolidating for some time, but the US appeared to feel this new composite player was relatively benign. In the past few years, though, the E.U. Has started asserting itself and setting rules in the game of international commercial gamesmanship. Until recently, the rules were limited to specific products and practices. This year, however, the E.U. changed the rules about how it would do business and, more significantly, how it would not. The E.U.'s Data Protection Directive came into force early in 2000 and presented the US with a huge dilemma: If the US …
Privacy On Federal Civilian Computer Networks: A Fourth Amendment Analysis Of The Federal Intrusion Detection Network, 18 J. Marshall J. Computer & Info. L. 1049 (2000), David Hueneman
UIC John Marshall Journal of Information Technology & Privacy Law
This comment explores the relationship between the privacy of the users of the federal non-public civilian computer networks and the government's power to monitor such networks. The background explains what a network is, how cyber-terrorists can greatly damage a system, what the government is planning to do about the problem, and the constitutional protections involved. The analysis moves on to examine the Fourth Amendment and the Electronic Communications Privacy Act and considers their respective effects on the implementation of FIDNet -- a proposed government system designed to protect America's infrastructure from cyber- attack. The FIDNet plan calls for the creation …
Big Brother Is At Your Back Door: An Examination Of The Effect Of Encryption Regulation On Privacy And Crime, 18 J. Marshall J. Computer & Info. L. 825 (2000), Hillary Victor
UIC John Marshall Journal of Information Technology & Privacy Law
This article compares the need of individuals for privacy and the U.S. government's desire for encryption regulation. The impact that CESA on cyberspace security and crime are fully discussed. Furthermore, a brief background on the advantages and disadvantages of encryption are investigated. A history of legislative effort to provide decryption tools are examined and outlined. Next, the comment provides an analysis of CESA, its legal implications and issues involving its effectiveness are discussed. A solution proposed by the author to redraft and amend CESA provides individuals with privacy protection.
The Erosion Of American Copyright Protection: The Fairness In Music Licensing Act, 18 J. Marshall J. Computer & Info. L. 791 (2000), Ralph Carter
UIC John Marshall Journal of Information Technology & Privacy Law
The author of this article begins by giving the reader a taste of the history of American copyright protection. A synopsis of the statutes, case history, and industry development are fully explained. Furthermore, the author criticizes the enactment of the Fairness in Music Licensing Act. The author further refutes arguments made by proponents of the Act and examines the underlying motives of restaurant lobbyists. This comment also shows the real victims of the Act's exemptions---the songwriters. The comment concludes by advocating the return of the "home use exemption" in the Copyright Act of 1976.
Invasion Of The Information Snatchers: Creating Liability For Corporations With Vulnerable Computer Networks, 18 J. Marshall J. Computer & Info. L. 1019 (2000), Sarah Faulkner
UIC John Marshall Journal of Information Technology & Privacy Law
Computer hackers are a serious threat to businesses and their customers, particularly if those businesses operate complex computer networks or operate as on-line businesses. However, now that corporate telecommunication networks are becoming more sophisticated, a company's phone system may also be susceptible to invasion. These telephonic hackers, called phone phreaks (and telecom hacking itself is known as phreaking), can cause large monetary losses as well. The question of who is liable for these losses, losses that are specifically caused by illegal activity, is the subject of this comment. This comment addresses the issue of liability for monetary losses in the …
Lawyers Who Lie On-Line: How Should The Legal Profession Respond To Ebay Ethics, 18 J. Marshall J. Computer & Info. L. 875 (2000), Mark E. Wojcik
Lawyers Who Lie On-Line: How Should The Legal Profession Respond To Ebay Ethics, 18 J. Marshall J. Computer & Info. L. 875 (2000), Mark E. Wojcik
UIC John Marshall Journal of Information Technology & Privacy Law
A recent scandal erupted in the press when a painting that was offered for sale on an Internet auction site was believed to be a lost contemporary masterpiece. The seller appeared to be a married man who was cleaning junk out of his garage, including a painting that his wife would not let him hang in the house. A bidding frenzy drove the price from the opening bid of 25 cents to more than $135,000 from a buyer in the Netherlands. After the sale was finished (it was ended by EBay when they learned he bid on the painting himself …
The Marshall Court And Property Rights: A Reappraisal, 33 J. Marshall L. Rev. 1023 (2000), James W. Ely Jr.
The Marshall Court And Property Rights: A Reappraisal, 33 J. Marshall L. Rev. 1023 (2000), James W. Ely Jr.
UIC Law Review
No abstract provided.
Cigar Warnings: Proceed With Caution, 33 J. Marshall L. Rev. 521 (2000), Patricia A. Davidson
Cigar Warnings: Proceed With Caution, 33 J. Marshall L. Rev. 521 (2000), Patricia A. Davidson
UIC Law Review
No abstract provided.
The Gordian Knot: Uniting Skills And Substance In Employment Discrimination And Federal Taxation Courses, 33 J. Marshall L. Rev. 303 (2000), Barbara J. Busharis, Suzanne E. Rowe
The Gordian Knot: Uniting Skills And Substance In Employment Discrimination And Federal Taxation Courses, 33 J. Marshall L. Rev. 303 (2000), Barbara J. Busharis, Suzanne E. Rowe
UIC Law Review
No abstract provided.
Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble
Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble
UIC Law Review
No abstract provided.
Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere
Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere
UIC Law Review
No abstract provided.
Boerne And Buddhism: Reconsidering Religious Freedom And Religious Pluralism After Boerne V. Flores, 33 J. Marshall L. Rev. 689 (2000), Eric Pruitt
UIC Law Review
No abstract provided.
Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken
Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken
UIC Law Review
No abstract provided.
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
UIC Law Review
No abstract provided.
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
UIC Law Review
No abstract provided.
Why Barbara, Celarent, Darii, And Ferio Flunk Out Of Law School: Comment On Scott Brewer, On The Possibility Of Necessity In Legal Argument, 34 J. Marshall L. Rev. 77 (2000), Linda Ross Meyer
UIC Law Review
No abstract provided.
"A Good Story" And "The Real Story", 34 J. Marshall L. Rev. 181 (2000), Jane E. Larson
"A Good Story" And "The Real Story", 34 J. Marshall L. Rev. 181 (2000), Jane E. Larson
UIC Law Review
No abstract provided.
In The Spirit Of Regina Austin's Contextual Analysis: Exploring Racial Context In Legal Method, Writing Assignments And Scholarship, 34 J. Marshall L. Rev. 281 (2000), Charles R. Calleros
In The Spirit Of Regina Austin's Contextual Analysis: Exploring Racial Context In Legal Method, Writing Assignments And Scholarship, 34 J. Marshall L. Rev. 281 (2000), Charles R. Calleros
UIC Law Review
No abstract provided.
Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger
Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger
UIC Law Review
No abstract provided.
First, "Let's Kill All The Intellectual Property Lawyers!": Musings On The Decline And Fall Of The Intellectual Property Empire, 34 J. Marshall L. Rev. 851 (2001), Doris E. Long
UIC Law Review
No abstract provided.
In The Best Interest Of The Child: What Have We Learned From Baby Jessica And Baby Richard, 33 J. Marshall L. Rev. 353 (2000), Gregory A. Kelson
In The Best Interest Of The Child: What Have We Learned From Baby Jessica And Baby Richard, 33 J. Marshall L. Rev. 353 (2000), Gregory A. Kelson
UIC Law Review
No abstract provided.
Retaliatory Discharge For Attorney-Employees In Private Practice: To Do, Or Not To Do, The Right Thing, 33 J. Marshall L. Rev. 383 (2000), Terri Martin Kirik
Retaliatory Discharge For Attorney-Employees In Private Practice: To Do, Or Not To Do, The Right Thing, 33 J. Marshall L. Rev. 383 (2000), Terri Martin Kirik
UIC Law Review
No abstract provided.
Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook
UIC Law Review
No abstract provided.
Piercing The Corporate Veil To Recover Pension Payments: It's Time To Address The Issue, 33 J. Marshall L. Rev. 497 (2000), Nella Disanto
Piercing The Corporate Veil To Recover Pension Payments: It's Time To Address The Issue, 33 J. Marshall L. Rev. 497 (2000), Nella Disanto
UIC Law Review
No abstract provided.