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Full-Text Articles in Law

What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap Jan 1997

What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap

Faculty Publications

An acquittal by reason of insanity is sufficiently adverse and is in many ways more akin to a conviction than to an outright acquittal. Although not technically punishment, it involves substantial infringement of rights. The legal literature has devoted significant space to the issue of a criminal defendant’s competence to stand trial and to the issue of the insanity plea. The problem of a pretrial insanity acquittal of an incompetent defendant, on the other hand, has not been extensively examined. In undertaking that task, this article will, in Part II, review the law and practice of competency determinations. Part III …


Intellectual Property In The Era Of The Creative Computer Program, Ralph D. Clifford Jan 1997

Intellectual Property In The Era Of The Creative Computer Program, Ralph D. Clifford

Faculty Publications

Computer scientists, using artificial intelligence techniques such as neural networks, are enabling computers to independently create works that appear to qualify for federal intellectual property protection. In at least one case, the creator of this kind of program has registered its output, a series of musical compositions, under his name as author with United States Copyright Office. Whether the output of the computer satisfies the statutory and constitutional requisites for protection is questionable, however. The author of this Article argues that the output of an autonomously creative computer program cannot be protected under the current copyright and patent laws. Further, …