Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 96

Full-Text Articles in Law

Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel Jan 1995

Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel

The John Marshall Journal of Information Technology & Privacy Law

The 'Net, AKA the Internet, has quickly become one of the most efficient and prevalent forms of communication. By linking through a common protocol, the Internet connects computer networks worldwide and provide seamless access to information. In this introductory guide to the Internet, the author takes readers -- IP practitioners, general legal practitioners, etc. -- on a tour of the Internet. The Internet began as part of the Defense Department's networking research in 1969 by the Advanced Research Projects Agency. In a program called ARPANET, the military attempted to design a interlinking computer networks that provides widespread connectivity without the vulnerability ...


Repetitive Stress Injuries And The Computer Keyboard: If There Still Is No Causal Relationship Between Use And Injury, Is It Wise To Warn?, 13 J. Marshall J. Computer & Info. L. 391 (1995), Craig T. Liljestrand Jan 1995

Repetitive Stress Injuries And The Computer Keyboard: If There Still Is No Causal Relationship Between Use And Injury, Is It Wise To Warn?, 13 J. Marshall J. Computer & Info. L. 391 (1995), Craig T. Liljestrand

The John Marshall Journal of Information Technology & Privacy Law

Computer monitors and keyboards are very common in today’s modern workplace, so it’s no surprise that the fastest growing category of workplace personal injury claims result from repetitive stress injuries (RSIs). Office workers have tried to tie the frequent and regular use of their computer keyboards to various debilitating hand and wrist disorders, and as a result such injuries account for 3/5 of all occupational injuries. Currently it is unclear whether there is a causal relationship between the use of computer keyboards and RSIs and the National Institute for Occupational Safety and Health has suggested that there ...


E-Mail Stalking: Is Adequate Legal Protection Available?, 13 J. Marshall J. Computer & Info. L. 405 (1995), Eileen S. Ross Jan 1995

E-Mail Stalking: Is Adequate Legal Protection Available?, 13 J. Marshall J. Computer & Info. L. 405 (1995), Eileen S. Ross

The John Marshall Journal of Information Technology & Privacy Law

Due to the absence of legal protection available to victims of E-mail stalking, it can be very dangerous to interact with strangers on the Internet. Forty-eight states currently have anti-stalking statutes that criminalize stalking but only four of those states have provisions that protect against the crime of E-mail stalking. Even so, federal laws and most state laws have failed to provide adequate protection to victims of E-mail stalking. Perhaps a Model State Anti-Stalking Statute should be introduced which will sufficiently address E-mail stalking in a constitutional manner.


Pres-Kap, Inc. V. System One, Direct Access, Inc.: Extending The Reach Of The Long-Arm Statute Through The Internet, 13 J. Marshall J. Computer & Info. L. 433 (1995), Michael J. Santisi Jan 1995

Pres-Kap, Inc. V. System One, Direct Access, Inc.: Extending The Reach Of The Long-Arm Statute Through The Internet, 13 J. Marshall J. Computer & Info. L. 433 (1995), Michael J. Santisi

The John Marshall Journal of Information Technology & Privacy Law

In this article, Santisi argues that a Florida court decision regarding personal jurisdiction was wrongly decided. In the case, the Florida Court of Appeals held that a lease contract entered into by Pres-Kap, Inc. (a New York corporation) of a database run by System One Direct Access, Inc. in Florida did not give rise to personal jurisdiction in Florida. Santisi argues that both the minimum contacts and the reasonableness factors of the “purposeful availment” test set forth in Burger King v. Rudzewicz had been satisfied by the facts of the case. Among the important facts were that Pres-Kap derived economic ...


Thermal Imaging And The Fourth Amendment: Pushing The Katz Test Towards Terminal Velocity, 13 J. Marshall J. Computer & Info. L. 453 (1995), Daniel J. Polatsek Jan 1995

Thermal Imaging And The Fourth Amendment: Pushing The Katz Test Towards Terminal Velocity, 13 J. Marshall J. Computer & Info. L. 453 (1995), Daniel J. Polatsek

The John Marshall Journal of Information Technology & Privacy Law

Thermal imaging technology allows police to ascertain if a suspect is growing marijuana in his home by monitoring the escaping heat from the home. Conflicts between the lower courts on whether thermal imaging is sophisticated technology that is intrusive has not been resolved. Most courts rely on Katz v. United States in developing a reasonable inquiry into whether one's privacy has been invaded. The Katz test fails in part because of the second prong of the court's analysis. The second prong of the test states that an impermissible search occurs when a reasonable expectation of privacy is invaded ...


1994 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 13 J. Marshall J. Computer & Info. L. 481 (1995), Gary L. Gassman Jan 1995

1994 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 13 J. Marshall J. Computer & Info. L. 481 (1995), Gary L. Gassman

The John Marshall Journal of Information Technology & Privacy Law

This bench memorandum details the issues from both the plaintiff's and defendant's perspective in a case involving computer-generated child pornography available on the Internet. The following is a brief statement of the facts: The defendant, George Gress, owns a photography studio in which he specializes in photographing child models for department store and mail-order catalogues. Gress is also an amateur computer programmer and operator ("sysop") of an electronic bulletin board system (BBS) that is accessible over the Internet. Appearing on Gress' BBS is an interactive sex program titled "Kid Stuff," which displays images of young children and allows ...


1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 13 J. Marshall J. Computer & Info. L. 505 (1995), Jeffrey Gold, Anne Gurnsey, Joseph Horzepa Jan 1995

1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 13 J. Marshall J. Computer & Info. L. 505 (1995), Jeffrey Gold, Anne Gurnsey, Joseph Horzepa

The John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 13 J. Marshall J. Computer & Info. L. 537 (1995), Candyce Beneke, Ursual Hall, Pam Rea Jan 1995

1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 13 J. Marshall J. Computer & Info. L. 537 (1995), Candyce Beneke, Ursual Hall, Pam Rea

The John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie Jan 1995

A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie

The John Marshall Journal of Information Technology & Privacy Law

This article provides an interesting historical look at the early days of the Internet. Giving the article more of the feel of a business journal article than a legal analysis, it introduces the uninitiated to the legal framework surrounding the development of the Internet. The authors begin with a brief overview of the Internet's creation, from a decentralized military and scholarly network to the commercial entity it is today. Moving into a description of who is fueling the growth of the Internet as a commercial endeavor, the authors describe how several large telecommunications companies, including cable television and cellular ...


Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein Jan 1995

Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein

The John Marshall Journal of Information Technology & Privacy Law

This article examines the issues inherent in patenting software-related inventions, particularly where mathematical algorithms are concerned. Software-related inventions are difficult to patent because they often contain mathematical algorithms, and mathematical algorithms are not patentable subject matter. The PTO recognizes that this approach -- simply identifying the algorithm-containing software as non-patentable -- precludes the need to address the more difficult test of whether software-related inventions are new or not obvious over prior art. The author proposes an improved examination procedure to replace the PTO's current three-step test. The existing PTO examination procedure entails determining whether the claim merely recites a mathematical algorithm ...


Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes Jan 1995

Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes

The John Marshall Journal of Information Technology & Privacy Law

Software, and not hardware, forms the interface between computer users and the machines those users operate, thus allowing the users to accomplish their tasks. These software programs, no less than hardware, are in need of intellectual property (IP) protection. The process of creating new programs occurs only through extensive software development, which is often costly and time consuming. Therefore, the need for software IP protection is apparent. This comment helps readers to fully understand the ramifications of the presence or absence of software IP protection, by first examining the overall structure of a computer and the interplay between its various ...


The Rodney King Beating: Beyond Fair Use: A Broadcaster's Right To Air Copyrighted Videotape As Part Of A Newscast, 13 J. Marshall J. Computer & Info. L. 269 (1995), Leslie Ann Reis Jan 1995

The Rodney King Beating: Beyond Fair Use: A Broadcaster's Right To Air Copyrighted Videotape As Part Of A Newscast, 13 J. Marshall J. Computer & Info. L. 269 (1995), Leslie Ann Reis

The John Marshall Journal of Information Technology & Privacy Law

This article discusses the copyright implications of news broadcasters using videotape and other images in their newscasts. News broadcasters obtain audio and video materials for use in their broadcasts, and on most occasions they obtain these materials from a variety of sources. The broadcaster cannot infringe on the copyright of the news source unless given permission by the source or decide to use it under the Fair Use Doctrine. However, a newscaster may also use the copyrighted material under a possible exception created by the First Amendment right to freedom of the press. The law that provides a creator with ...


A.D.A.M. -- The Computer Generated Cadaver: A New Development In Medical Malpractice And Personal Injury Litigation, 13 J. Marshall J. Computer & Info. L. 313 (1995), André M. Thapedi Jan 1995

A.D.A.M. -- The Computer Generated Cadaver: A New Development In Medical Malpractice And Personal Injury Litigation, 13 J. Marshall J. Computer & Info. L. 313 (1995), André M. Thapedi

The John Marshall Journal of Information Technology & Privacy Law

A.D.A.M. is a CD-ROM based, interactive, anatomical program that permits the user to view and observe the anatomical aspect of the human body used in medical schools throughout the United States. A.D.A.M. and its female counterpart E.V.E., use high-resolution graphics and color animation to show views of the human body from every conceivable angle simulating various traumas to the body. Utilizing a mouse, the A.D.A.M. user can "point and click" to reveal the various parts of the human body. Potentially, attorneys can use A.D.A.M. to demonstrate ...


Disclosures Of An Adoptee's Hiv Status: A Return To Orphanges And Leper Colonies?, 13 J. Marshall J. Computer & Info. L. 343 (1995), Charles Chejfec Jan 1995

Disclosures Of An Adoptee's Hiv Status: A Return To Orphanges And Leper Colonies?, 13 J. Marshall J. Computer & Info. L. 343 (1995), Charles Chejfec

The John Marshall Journal of Information Technology & Privacy Law

During the next decade, at least 125,000 children will become orphans of the AIDS epidemic and will need to be cared for by family members, caring adults or extended family members, or be placed in foster care. The movement toward greater disclosure of an adoptee's medical history reveals an almost complete failure to address the HIV/AIDS epidemic in this area. The adoption process does not provide a specific time when an adoptee's medical conditions are to be disclosed to adopting parents. Although the adoption process did not always serve the child's best interest, today disclosure ...


Foreword:The National Information Infrastructure, 13 J. Marshall J. Computer & Info. L. 175 (1995), George B. Trubow Jan 1995

Foreword:The National Information Infrastructure, 13 J. Marshall J. Computer & Info. L. 175 (1995), George B. Trubow

The John Marshall Journal of Information Technology & Privacy Law

National Information Infrastructure, the Information Superhighway and the Electronic Superhighway are no longer discussions of the past but are omnipresent vocabularies of the day -- envisioning a promise of universal access to the international networks of information and electronic communications. As the nation and the world embrace this concepts and goals, the authors in this issue discuss the need for a roadmap for such infrastructure and the level of governmental oversight as we travel along this superhighway into the future.


Gladiators Be Gone: The New Disclosure Rules Compel A Reexamination Of The Adversary Process, 36 B.C. L. Rev. 479 (1995), Rogelio A. Lasso Jan 1995

Gladiators Be Gone: The New Disclosure Rules Compel A Reexamination Of The Adversary Process, 36 B.C. L. Rev. 479 (1995), Rogelio A. Lasso

Faculty Scholarship

No abstract provided.


Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis Jan 1995

Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis

Faculty Scholarship

With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the ...


Amicus Curiae Brief, Simms V. First Gibraltar Bank, 83 F.3d 1546 (5th Cir. 1996) (No. 94-20386), F. Willis Caruso, Michael P. Seng, John Marshall Law School Fair Housing Legal Clinic Jan 1995

Amicus Curiae Brief, Simms V. First Gibraltar Bank, 83 F.3d 1546 (5th Cir. 1996) (No. 94-20386), F. Willis Caruso, Michael P. Seng, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.


Restatement (Second) Of Torts Section 324a: An Innovative Theory Of Recovery For Patients Injured Through Use Or Misuse Of Health Care Information Services, 14 J. Marshall J. Computer & Info. L. 73 (1995), Lisa L. Dahm Jan 1995

Restatement (Second) Of Torts Section 324a: An Innovative Theory Of Recovery For Patients Injured Through Use Or Misuse Of Health Care Information Services, 14 J. Marshall J. Computer & Info. L. 73 (1995), Lisa L. Dahm

The John Marshall Journal of Information Technology & Privacy Law

The author in this comment discusses how developments in information technology and widespread utilization of technology and software in the patient care context raise the issue of clinical liability for health care information systems vendors. The comment discusses a theory of recovery of tort damages for the negligence of health care information systems vendors under section 324A of the Restatement (Second) of Torts. Section 324A provides in essence that "one who undertakes ... for consideration, to render services to another which he should recognize as necessary for the protection of a third person ... is subject to liability to the third person ...


The Role Of Courts In The Debate On Assisted Suicide: A Communitarian Approach, 9 Notre Dame J.L. Ethics & Pub. Pol'y 367 (1995), Donald L. Beschle Jan 1995

The Role Of Courts In The Debate On Assisted Suicide: A Communitarian Approach, 9 Notre Dame J.L. Ethics & Pub. Pol'y 367 (1995), Donald L. Beschle

Faculty Scholarship

No abstract provided.


A Normative Regulatory Framework For Computer Matching, 13 J. Marshall J. Computer & Info. L. 585 (1995), Roger A. Clarke Jan 1995

A Normative Regulatory Framework For Computer Matching, 13 J. Marshall J. Computer & Info. L. 585 (1995), Roger A. Clarke

The John Marshall Journal of Information Technology & Privacy Law

Computer matching is a powerful data surveillance tool widely used by government agencies since its emergence in 1976. Computer matching involves the merger of data from multiple sources: data gathered for different purposes, subject to different definitions, and of variable quality. It is a mass dataveillance technique, for its purpose is to generate suspicions that errors, misdemeanors or fraud have occurred. For many years, computer matching activities were carried out in semi-secrecy. The purpose of this paper is to propose a framework within which effective regulation can be imposed on this dangerous technique. This article commences by providing background to ...


Attorney Advertising And Solicitation On The Internet: Complying With Ethics Regulations And Netiquette, 13 J. Marshall J. Computer & Info. L. 697 (1995), Brian G. Gilpin Jan 1995

Attorney Advertising And Solicitation On The Internet: Complying With Ethics Regulations And Netiquette, 13 J. Marshall J. Computer & Info. L. 697 (1995), Brian G. Gilpin

The John Marshall Journal of Information Technology & Privacy Law

This comment examines several methods of attorney advertising and soliciation available on the Internet to determine whether the communications violate ethics regulations or breach netiquette. It also traces the history of advertising and solicitation in the United States from Bates v. State Bar of Arizona to Shapero v. Kentucky Bar Association. While the issue of attorney advertising in the Internet has not been addressed by the courts, analogies to traditional forms of advertising suggest guidelines for attorneys to follow when advertising on the Internet. Attorneys can and should carefully engage in advertising and solicitation on the Internet if all ethics ...


To Dream The Impossible Dream: Globalization And Harmonization Of Environmental Laws, 20 N.C. J. Int'l L. & Com. Reg. 205 (1995), Alberto Bernabe Jan 1995

To Dream The Impossible Dream: Globalization And Harmonization Of Environmental Laws, 20 N.C. J. Int'l L. & Com. Reg. 205 (1995), Alberto Bernabe

Faculty Scholarship

No abstract provided.


The Counter-Revolutionary Nature Of Justice Scalia's Traditionalism, 27 Pac. L.J. 99 (1995), Allen R. Kamp Jan 1995

The Counter-Revolutionary Nature Of Justice Scalia's Traditionalism, 27 Pac. L.J. 99 (1995), Allen R. Kamp

Faculty Scholarship

No abstract provided.


Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy Jan 1995

Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy

The John Marshall Journal of Information Technology & Privacy Law

The Copyright Act has historically been amended to address technological changes. The Act has been shaped to apply to new situations not previously considered by the original authors. Rather than pass a new Copyright Act to address computer programs and technology, the current Act should be repaired. The changes made to the Copyright Act as a result of the CONTU report provide some necessary updating to the Act, but the increasing use of computer technology is demanding additional refinements to the Copyright Act. In order to amend the Copyright Act with the least amount of disruption, the definition of a ...


Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter Jan 1995

Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter

The John Marshall Journal of Information Technology & Privacy Law

Courts focus on the Substantial Similarity test to determine copyright infringement. They also use testimony from experts and lay people. As a result, there is a tension between preserving artist’s rights and preserving a competitive market. This tension is especially problematic in the context of copyright protection of computer software. Nonetheless, copyright law does protect computer software. Resulting amendments in the Copyright Act defined "computer program" and ensured that copyright protection was extended to all computer programs. The Substantial Similarity test applied to computer programs creates several concerns. Lack of access to expert testimony in the crucial second phase ...


Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor Jan 1995

Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor

The John Marshall Journal of Information Technology & Privacy Law

The author analyzes the patentability of medical processes and the effect patentability has on the right to privacy essential in a physician-patient relationship. Part II of the comment provides a the legal background on the issue of the patentability of medical processes. Part III examines the impact of enforcing medical process patents and the effect disclosure of medical records has upon the privacy of the physician-patient relationship when owners of patents try to expose patent infringement. Part IV advocates that Congress should amend the Patent Act to preserve patient privacy rights when infringement is investigated. According to the author, such ...


The Mexican Electoral Process: The Perpetuation Of Fraud By Restriction Of Citizen Access To Electoral Information, 14 J. Marshall J. Computer & Info. L. 151 (1995), Lawrence E. Root Jr. Jan 1995

The Mexican Electoral Process: The Perpetuation Of Fraud By Restriction Of Citizen Access To Electoral Information, 14 J. Marshall J. Computer & Info. L. 151 (1995), Lawrence E. Root Jr.

The John Marshall Journal of Information Technology & Privacy Law

PRI (Partido Revoluciaonario Institucional) has controlled the Mexican government for over sixty-five years. With a history of facilitating electoral fraud and voter bullying, how could Mexican citizens again vote to keep the PRI in power? Perhaps promises of a clean election and a new, more sophisticated electoral computer were nothing more than promises to defraud Mexican voters in state-of-the-art fashion. In his campaign for the presidency, PRI candidate Salinas mentioned that he hoped the new computer would foster an hones electoral process. Suddenly, the Federal Electoral Commission announced that the multi-million dollar electoral computer system crashed. When the computer system ...


Steve Jackson Games V. United States Secret Service: The Government's Unauthorized Seizure Of Private E-Mail Warrants More Than The Fifth Circuit's Slap On The Wrist, 14 J. Marshall J. Computer & Info. L. 179 (1995), Nicole Giallonardo Jan 1995

Steve Jackson Games V. United States Secret Service: The Government's Unauthorized Seizure Of Private E-Mail Warrants More Than The Fifth Circuit's Slap On The Wrist, 14 J. Marshall J. Computer & Info. L. 179 (1995), Nicole Giallonardo

The John Marshall Journal of Information Technology & Privacy Law

This article critiques the Fifth Circuit’s decision in the 1994 case of Steve Jackson Games v. United States Secret Service. When the Secret Service invaded the petitioner’s offices, seizing three computers, 300 computer disks, and other computer equipment essential to the company’s operations, the petitioner sued the Secret Service under the Privacy Protection Act, the Federal Wiretap Act, and the Stored Wire Act. The Western District Court of Texas awarded the petitioner damages under the Privacy Protection Act and the Stored Wire Act, but found that there was no cognizable claim under the Federal Wiretap Act – after ...


Credit Cards In America, 13 J. Marshall J. Computer & Info. L. 573 (1995), David A. Szwak Jan 1995

Credit Cards In America, 13 J. Marshall J. Computer & Info. L. 573 (1995), David A. Szwak

The John Marshall Journal of Information Technology & Privacy Law

In this article, Mr. Szwak defines what credit cards are and discusses various legal issues that arise between debtor, creditor and merchant in credit card transactions. Szwak first explains how banks issue credit cards and how consumers should be wary because not all issuers of credit cards have particularly high standards to protect a debtor’s credit rating. Secondly, Szwak discusses the subtle differences between “authorized use, “misuse” and “unauthorized use” of a credit card. Each term has its own distinct legal meaning. Thirdly, Szwak explores court holdings on various credit disputes that involved such issues as authority, unauthorized use ...