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Articles 61 - 78 of 78
Full-Text Articles in Law
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Charlotte A. Dauphin
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Charlotte A. Dauphin
Richmond Journal of Law & Technology
I hope you enjoy the third issue of the Richmond Journal of Law and Technology for the 2006-2007 academic year, our Annual Survey of Electronic Discovery. This is our first annual survey since the new amendments to the Federal Rules of Civil Procedure, which at the time of this publication have been in effect for several months, that affect electronic discovery in several significant ways. The entire staff of the Journal has worked diligently to bring these articles to our readers. Whether you are new to the Journal and electronic discovery, or whether you are a long-time reader, you will …
The 2006 Amendments To The Rules Of Civil Procedure: Accessible And Inaccessible Electronic Information Storage Devices, Why Parties Should Store Electronic Information In Accessible Formats, Benjamin D. Silbert
Richmond Journal of Law & Technology
Discovery jurisprudence is a cornerstone of civil litigation in the United States. The Federal Rules of Civil Procedure, as adopted in 1938, introduced a broad discovery process, which was not a previously accepted practice. The Federal Rules of Civil Procedure have been revised several times since 1938, reflecting the evolution of society. However, prior to 2006, 1970 was the last time the discovery rules were amended to take into account changes in information technology. In the last thirty-seven years, technological advances in electronic storage and communication have changed the way people live and how business is conducted, beyond what could …
When Offshore Activities Become Infringing: Applying § 271 To Technologies That “Straddle” Territorial Borders, Eric W. Guttag
When Offshore Activities Become Infringing: Applying § 271 To Technologies That “Straddle” Territorial Borders, Eric W. Guttag
Richmond Journal of Law & Technology
Patents have traditionally been territorial creatures. The territorial nature of U.S. patents is reflected by the main infringement statute, § 271 of Title 35. For example, § 271(a) says that “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefore, infringes the patent.”
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet, Eugene Goryunov, Mark Polyakov
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet, Eugene Goryunov, Mark Polyakov
Richmond Journal of Law & Technology
Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing any patented article into the United States, may give notice to the public that the same is patented, either by fixing thereon the word "patent" or the abbreviation "pat.", together with the number of the patent, or when, from the character of the article, this can not be done, by fixing to it, or to the package wherein one or more of them is contained, a label containing a like notice. In the event of failure so to …
Sustainable Living: Theme Of The Future Or A One-Hit Wonder, Michelle Hershman
Sustainable Living: Theme Of The Future Or A One-Hit Wonder, Michelle Hershman
Richmond Journal of Law and the Public Interest
Look out America; we have a "smug alert." No, not smog, "smug." According to the notorious cartoon, South Park, people who buy hybrid cars feel so good about saving the Earth, they become increasingly smug, which leads to all-out disaster.' Fortunately, for the town of South Park, one of its native children, Stan, convinces everyone it's alright to own a hybrid without being smug. Should we pass this episode off as another entertaining late night Comedy Central special, or have Matt Stone and Trey Parker stumbled onto a form of satire that's true in form and educational in its moral? …
Anti-Competitive Abuse Of Ip Rights And Compulsory Licensing Through The International Dimension Of The Trips Agreement And The Stockholm Proposal For Its Amendment, Haris Apostolopoulos
Anti-Competitive Abuse Of Ip Rights And Compulsory Licensing Through The International Dimension Of The Trips Agreement And The Stockholm Proposal For Its Amendment, Haris Apostolopoulos
Richmond Journal of Global Law & Business
No abstract provided.
Ireland 1880-2005: A Constitutional Perspective, Sir David Williams
Ireland 1880-2005: A Constitutional Perspective, Sir David Williams
University of Richmond Law Review
No abstract provided.
Reconciling Shareholder Limited Liability With Vicarious Copyright Liability: Holding Parent Corporations Liable For The Copyright Infringement Of Subsidiaries, Joshua M. Siegel
Reconciling Shareholder Limited Liability With Vicarious Copyright Liability: Holding Parent Corporations Liable For The Copyright Infringement Of Subsidiaries, Joshua M. Siegel
University of Richmond Law Review
No abstract provided.
The Double Standard In Judicial Selection, Edwin Meese Iii
The Double Standard In Judicial Selection, Edwin Meese Iii
University of Richmond Law Review
No abstract provided.
Georgia V. Randolph: Whose Castle Is It, Anyway?, Lesley Mccall
Georgia V. Randolph: Whose Castle Is It, Anyway?, Lesley Mccall
University of Richmond Law Review
The Fourth Amendment protects individuals against unreasonable searches and seizures. Generally, a warrant is required to conduct a lawful search of a person's home, and a warrantless search is unreasonable per se. However, there are some exceptions to this requirement. A warrantless search is reasonable if police obtain voluntary consent from a person to search their home or effects. The Supreme Court has also recognized that a third party with common authority over a household may consent to a police search affecting an absent co-occupant. The Supreme Court of the United States recently addressed whether third party consent was effective …
Increasing Safety For Battered Women And Their Children: Creating A Privilege For Supervised Visitation Intake Records, Nat Stern, Karen Oehme
Increasing Safety For Battered Women And Their Children: Creating A Privilege For Supervised Visitation Intake Records, Nat Stern, Karen Oehme
University of Richmond Law Review
No abstract provided.
Promissory Estoppel: The Life History Of An Ideal Legal Transplant, Joel M. Ngugi
Promissory Estoppel: The Life History Of An Ideal Legal Transplant, Joel M. Ngugi
University of Richmond Law Review
This article hopes to accomplish three things. First, it will revisit the historical origins of the doctrine of promissory estoppel in the American law of contracts and the role that Samuel Williston, the Chief Reporter of the Restatement (First) of Contracts ("First Restatement") played in the evolution of the doctrine. The dominant theory is that Williston conceptualized the new promissory estoppel doctrine in a way that retarded and blunted the doctrine shortly after its birth. This theory is adhered to by both critics and proponents of the expansion of promissory estoppel as a ground of promissory obligation. According to both …
Information Inflation: Can The Legal System Adapt?, George L. Paul, Jason R. Baron
Information Inflation: Can The Legal System Adapt?, George L. Paul, Jason R. Baron
Richmond Journal of Law & Technology
Information is fundamental to the legal system. Accordingly, lawyers must understand that information, as a cultural and technological edifice, has profoundly and irrevocably changed. There has been a civilization- wide morph, or pulse, or one might say that information has evolved. This article discusses the new inflationary dynamic, which has caused written information to multiply by as much as ten thousand-fold recently. The resulting landscape has stressed the legal system and indeed, it is becoming prohibitively expensive for lawyers even to search through information. This is particularly true in litigation.
The Two-Tier Discovery Provision Of Rule 26(B)(2)(B) - A Reasonable Measure For Controlling Electronic Discovery?, Theodore C. Hirt
The Two-Tier Discovery Provision Of Rule 26(B)(2)(B) - A Reasonable Measure For Controlling Electronic Discovery?, Theodore C. Hirt
Richmond Journal of Law & Technology
One of the most innovative provisions in the newly-effective amendments to the Federal Rules of Civil Procedure addressing electronic discovery may be the creation of a two-tier system for the discovery of electronically stored information, under new Rule 26(b)(2)(B). This rule states that “[a] party need not provide discovery” of such information “from sources that the party identifies as not reasonably accessible because of undue burden or cost.”
A Decent Proposal: The Constitutionality Of Indecency Regulation On Cable And Direct Broadcast Satellite Services, Matthew S. Schwartz
A Decent Proposal: The Constitutionality Of Indecency Regulation On Cable And Direct Broadcast Satellite Services, Matthew S. Schwartz
Richmond Journal of Law & Technology
Little Timmy’s parents both work late, and he often finds himself sitting alone in front of the television after school. He doesn’t know the difference between “broadcast,” “cable,” or “direct broadcast satellite,” but he does know how to work the remote control. One day, as he is clicking through the channels – 2, 4, 7, 93, 128, they’re all the same to him – he comes across a provocative scene. What are those two people doing? he wonders with wide eyes. And where are most of their clothes? At that moment, Timmy’s father walks in and is shocked by the …
The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen
The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen
Richmond Journal of Law & Technology
As the United States’ national pastime, baseball has taught valuable lessons to generations of Americans. For example, players often learn how to be good teammates, how to set goals, and how to exercise discipline. Baseball has other important life lessons to share as well such as the value of “chemistry.” Chemistry is that intangible quality that allows individual players, each with a differing skill set and personal agenda, to work together and propel the team forward. It is what makes a team, a team.
From Facebook To Folsom Prison Blues: How Banning Laptops In The Classroom Made Me A Better Law School Teacher, Nancy G. Maxwell
From Facebook To Folsom Prison Blues: How Banning Laptops In The Classroom Made Me A Better Law School Teacher, Nancy G. Maxwell
Richmond Journal of Law & Technology
A well-respected judge recently was asked to speak to a law school Administrative Law class. When he took the podium, he noticed that most of the students had laptops in front of them. As he was talking, the students’ fingers were flying across the keyboards, making clicking noises, their eyes fixed on the screens in front of them. Several times he noticed grins or frowns on the students’ faces, but the facial expressions were clearly unrelated to what he was saying. About twenty minutes into his talk, the judge, exasperated, clapped his hands together several times, calling out, “Is anyone …