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Computers, Urinals, And The Fourth Amendment: Confessions Of A Patron Saint, Wayne R. Lafave
Computers, Urinals, And The Fourth Amendment: Confessions Of A Patron Saint, Wayne R. Lafave
Michigan Law Review
At least the title indicates that the article is somehow concerned with "the Fourth Amendment," though for anyone who knows me or is at all familiar with my work, that piece of information hardly would come as a revelation. The fact of the matter is that I almost always write about the Fourth Amendment; I am in an academic rut so deep as to deserve recognition in the Guinness Book World of Records. Search and seizure has been my cheval de bataille during my entire time as a law professor and even when I was a mere law student. …
The Obsolescence Of Wall Street: A Contextual Approach To The Evolving Structure Of Federal Securities Regulation, Joel Seligman
The Obsolescence Of Wall Street: A Contextual Approach To The Evolving Structure Of Federal Securities Regulation, Joel Seligman
Michigan Law Review
As a matter of analytical style, this article illustrates a contextualist approach. For a considerable period of time, the dominant analytical style in corporate and securities .law has been a variant of economic, or law and economics, analysis. The virtue of this type of analysis is that it focuses on what its authors deem to be crucial variables and reaches conclusions derived from the core of a specific legal problem. The defect of this type of analysis is that so much is assumed or often assumed away.
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Michigan Law Review
This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.
Copyright, Computer Software, And Work Made For Hire, Matthew R. Harris
Copyright, Computer Software, And Work Made For Hire, Matthew R. Harris
Michigan Law Review
Prior to the Supreme Court's 1989 decision in Community for Creative Non-Violence v. Reid, the Circuits had disagreed over the question of whether independent contractors could qualify as "employees" under the doctrine. The Fifth, Ninth, and D.C. Circuits defined "employee" narrowly, thereby excluding the majority of commissioned works from potential work for hire status. Applying a much broader definition of the term, the Second and Seventh Circuits included virtually all commissioned works as work for hire. The disagreement was not surprising, since the copyright statute does not include a definition of the term, and the legislative history fails to …
The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review
The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review
Michigan Law Review
Since the advent of computer technology, data processing and communication services have become increasingly interdependent. In 1966, the Federal Communications Commission launched the Computer Inquiry to explore the broad range of regulatory and policy problems generated by this technological development.2
Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller
Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller
Michigan Law Review
The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …