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Articles 1 - 16 of 16
Full-Text Articles in Law
Rage Against The Machine: Reducing Robocall Abuse To Protect At-Risk Consumers, Nicole Egan
Rage Against The Machine: Reducing Robocall Abuse To Protect At-Risk Consumers, Nicole Egan
University of Massachusetts Law Review
For most people, robocalls are nothing more than an annoying side-effect of owning a cell phone today. But a successful robocall scheme is still capable of wreaking financial and psychological havoc on its victims. Senior citizens and cognitively impaired individuals are often targeted by fraudulent phone calls or texts because they may have trouble understanding how to identify and protect themselves from robocall abuse. This Note proposes a collaborative solution to this problem by calling on the judiciary and legislatures to minimize the amount of robocalls received by American telephone consumers. By adopting a broader understanding of the law and …
Too Clever By Half: Commanding The Nonuse Of State Authority To Regulate Health Benefits In The Aca, Michael F. Ryan
Too Clever By Half: Commanding The Nonuse Of State Authority To Regulate Health Benefits In The Aca, Michael F. Ryan
University of Massachusetts Law Review
Prior to the enactment of the Patient Protection and Affordable Care Act (ACA), state legislatures routinely passed laws requiring health insurance carriers to cover certain health care services or providers. At the behest of the insurance industry, Congress attempted to use the health reform law as a vehicle to reign in state-specific “mandated benefit” laws. That being said, the ACA does not prevent states from enacting mandated benefit laws; in fact, the statute expressly permits states to enact such laws. Instead, Congress created a significant barrier to continued state-specific regulation of health insurance benefits. Specifically, 42 U.S.C. § 18031(d)(3)(B)(ii) (Section …
A Statutory Override Of An “As Is” Sale: A Historical Appraisal And Analysis Of The Ucc, Magnuson-Moss, And State Lemon Laws, Richard J. Hunter Jr.
A Statutory Override Of An “As Is” Sale: A Historical Appraisal And Analysis Of The Ucc, Magnuson-Moss, And State Lemon Laws, Richard J. Hunter Jr.
University of Massachusetts Law Review
This Essay considers the common law view that the sale of a used car is essentially “as is,” in light of state lemon laws, which attempt to protect the interests of used car buyers under certain circumstances. The Essay highlights provisions of the New Jersey Lemon Law, which provide specific vehicle and parts coverage, warranty protections, and buyer rights in case the automobile is deemed a lemon, arguing that other states should consider adopting similar legislation in the name of consumer protection. The Essay describes the essence of a traditional “as is” sale, and emphasizes the fact that the “as …
Collaboration And Intention: Making The Collaborative Family Law Process Safe(R), Margaret Drew
Collaboration And Intention: Making The Collaborative Family Law Process Safe(R), Margaret Drew
Faculty Publications
Since the beginning of the collaborative family law movement, commentators from various professions have discouraged collaborative lawyers from accepting cases involving intimate partner abuse. The collaborative process, with its face to face meetings and emphasis on transparency and good faith, carries with it many risks for the partner who has been abused and who is attempting to end the relationship with the abusive partner. There may be occasions, however, when the at-risk partner believes that the collaborative process will enhance her safety or at least provide her with less exposure to future harm than other resolution processes. This article will …
A Square Peg Into A Round Hole: Trade Dress Protection Of Websites, The Perspective Of The Consumer And The Dilemma For The Courts, Amber R. Cohen
A Square Peg Into A Round Hole: Trade Dress Protection Of Websites, The Perspective Of The Consumer And The Dilemma For The Courts, Amber R. Cohen
University of Massachusetts Law Review
This Note explores the legalities of trade dress protection for a website, the enforcement of such protection, and what is necessary to protect the “look and feel” of a website. Further, this Note claims it is nearly impossible to protect the “look and feel” of a website because the functionality of the site will always trump protection.
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
University of Massachusetts Law Review
Section I of this article explores the different avenues of intellectual property protection presently available for computer software here in the United States. Section II then discusses how the European Community has resolved the computer program crisis under European intellectual property law. Lastly, section III will illustrate why sui generis legislation would be the paramount way for Congress to attack the intricacy that is created by computer programs under American intellectual property law.
Misappropriation Of An Instrumental Musician’S Identity, Peter Pawelczyk
Misappropriation Of An Instrumental Musician’S Identity, Peter Pawelczyk
University of Massachusetts Law Review
In some cases, singers have been able to vindicate property rights in their identities when advertisers have featured sound-alike singers in commercials. However, there is no case law to support that an instrumental musician can protect herself from an advertiser imitating the characteristic sound of her playing. This Comment will explore whether and how the law should protect “musical identities”, particularly when the plaintiff is an instrumental musician rather than a singer.
Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf
Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf
Faculty Publications
In the first three sections, I examine the background of the Convention in the context of international human rights instruments (Section I); the context for a critique of the CAT’s definition of torture, given the legislative history of the Convention and an existing statute that could aid in correcting the misinterpretation adversely affecting CAT enforcement (Section II); and the adverse international implication of the United States’ restrictive meaning of torture (Section III). In a concluding section (IV), I offer possible solutions to the problem, invoking a robust principle of Immigration Lenity to prevent the return of potential torture victims to …
Do You Swear To Tell The Truth, The Whole Truth, And Nothing But The Truth Against Your Child?, Hillary B. Farber
Do You Swear To Tell The Truth, The Whole Truth, And Nothing But The Truth Against Your Child?, Hillary B. Farber
Faculty Publications
Currently in the United States there is no federally recognized parent-child privilege. The U.S. Supreme Court has never granted certiorari in a case involving the recognition of a parent-child privilege. For many, it is a revelation to learn that the government can compel testimony about communications and observations between parents and their children. Scholars have written about the social policy implications caused by the lack of parent–child privilege. In spite of these thoughtful policy-based arguments, neither Congress nor forty-six state legislatures have responded by recognizing even a limited form of a parent-child privilege. This Article singles out one specific context …
A Statistical Analysis Of The Patent Bar: Where Are The Software-Savvy Patent Attorneys?, Ralph D. Clifford, Thomas G. Field Jr., Jon R. Cavicchi
A Statistical Analysis Of The Patent Bar: Where Are The Software-Savvy Patent Attorneys?, Ralph D. Clifford, Thomas G. Field Jr., Jon R. Cavicchi
Faculty Publications
Among the many factors that impact the declining quality of U.S. patents is the increasing disconnect between the technological education patent bar members have and the fields in which patents are being written. Based on an empirical study, the authors show that too few patent attorneys and agents have relevant experience in the most often patented areas today, such as computer science. An examination of the qualification practices of the U.S. Patent and Trademark Office (“PTO”) suggests that an institutional bias exists within the PTO that prevents software-savvy individuals from registering with the Office. This paper concludes with suggestions of …
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Faculty Publications
This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights.
Random Numbers, Chaos Theory, And Cogitation: A Search For The Minimal Creativity Standard In Copyright Law, Ralph D. Clifford
Random Numbers, Chaos Theory, And Cogitation: A Search For The Minimal Creativity Standard In Copyright Law, Ralph D. Clifford
Faculty Publications
This article explores the second type of expressive work, those where there is a question if the author’s contribution is qualitatively sufficient, to determine how much creativity and of what type is required to sustain a copyright. Initially, the historic standards of creativity use before Fiest was decided in 1991 will be presented. Then, after a brief discussion of Fiest, the scientific basis of creativity will be explored. Next, the confusion regarding creativity that exists in the lower courts will serve to expose the source of misapplication of the law – a disconnect between how courts perceive creativity and …
On The Wagon Train To Afghanistan: Limitations On Star Trek's Prime Directive, Richard J. Peltz-Steele
On The Wagon Train To Afghanistan: Limitations On Star Trek's Prime Directive, Richard J. Peltz-Steele
Faculty Publications
Part II of this article acquaints the reader with the Star Trek universe, both as a mirror of Western cultural development for the last three and a half decades, and conversely as a force that has had a remarkable impact on contemporary Western culture. This acquaintance provides a foundation to understand how and to what extent the Prime Directive, a product of science fiction, can be useful in understanding future intercultural contacts right here on Earth. Part III of this article reviews specifically the appearance of the Prime Directive in Star Trek lore, for the most part with reference to …
Reasonable Expectations And The Erosion Of Privacy, Shaun Spencer
Reasonable Expectations And The Erosion Of Privacy, Shaun Spencer
Faculty Publications
This Article examines how the prevailing legal conception of privacy facilitates the erosion of privacy. The law generally measures privacy by reference to society’s reasonable expectation of privacy. If we think of the universe of legally private matters as a sphere, the sphere will contract (or least in theory) expand in accordance with changing social expectations. This expectations-driven conception of privacy in effect establishes a privacy marketplace, analogous in both a literal and metaphorical sense to a marketplace of ideas. In this marketplace, societal expectations of privacy fluctuate in response to changing social practices. For this reason, privacy is susceptible …
The Federal Circuit’S Cruise To Uncharted Waters: How Patent Protection For Algorithms And Business Methods May Sink The Ucita And State Intellectual Property Protection, Ralph D. Clifford
The Federal Circuit’S Cruise To Uncharted Waters: How Patent Protection For Algorithms And Business Methods May Sink The Ucita And State Intellectual Property Protection, Ralph D. Clifford
Faculty Publications
The realm of intellectual property law now changes at an incredible pace, with the courts discarding venerable concepts rapidly. This is not surprising as the transition from a goods-based society to one based on information increases the importance of intellectual property law. Nowhere has this been more apparent than the Federal Circuit’s recent reworking of the scope of federal patent law. Today, it is difficult to imagine anything for which a patent cannot be sought and received. Furthermore, the expansion of the patent law’s scope has a corresponding impact on state powers. Because the patent law serves to implicitly preempt …
Intellectual Property In The Era Of The Creative Computer Program, Ralph D. Clifford
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, …