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Articles 1 - 30 of 60
Full-Text Articles in Law
Jury Trial Techniques In Complex Civil Litigation, Ronald S. Longhofer
Jury Trial Techniques In Complex Civil Litigation, Ronald S. Longhofer
University of Michigan Journal of Law Reform
Ronald Longhofer, an experienced litigator, discusses the challenges inherent in trying a complex civil case to a jury. He explores aspects of complex litigation that often impede jurors from effectively hearing such cases. In conclusion, he suggests litigation techniques which have proved successful in overcoming such obstacles and effectively translating complex evidence to jurors.
It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament
It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament
Chicago-Kent Law Review
History reflects the social, religious and political importance of human hair. Individuals have used hairstyles to flaunt social conventions about gender, race, sexual identity, and social status. Totalitarian governments have regulated hairstyles as a means of social control and dehumanization. Today, advances in technology now make it possible to discover information about an individual's current or potential health status. Judicial decisions and administrative regulations offer individuals limited protection from state or institutional intrusion into the information revealed by genetic hair analysis. This Article argues that the explosion of technologies that use hair to reveal intimate details of an individual's biological …
Useful Arts In The Information Age, Alan L. Durham
Useful Arts In The Information Age, Alan L. Durham
BYU Law Review
No abstract provided.
Is The Clean Air Act Unconstitutional?, Cass R. Sunstein
Is The Clean Air Act Unconstitutional?, Cass R. Sunstein
Michigan Law Review
This Article deals with two linked questions. The first involves the future of the Clean Air Act. The particular concern is how the Environmental Protection Agency ("EPA") might be encouraged, with help from reviewing courts, to issue better ambient air quality standards, and in the process to shift from some of the anachronisms of 1970s environmentalism to a more fruitful approach to environmental protection. The second question involves the role of the nondelegation doctrine in American public law, a doctrine that shows unmistakable signs of revival. I will suggest that improved performance by EPA and agencies in general, operating in …
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Michigan Law Review
Speech, it is said, divides into three sorts - (1) speech that everyone has a right to (political speech, speech about public affairs); (2) speech that no one has a right to (obscene speech, child porn); and (3) speech that some have a right to but others do not (in the United States, Ginsberg speech, or speech that is "harmful to minors," to which adults have a right but kids do not). Speech-protective regimes, on this view, are those where category (1) speech predominates; speech-repressive regimes are those where categories (2) and (3) prevail. This divide has meaning for speech …
Neither Science Nor Shamans: Globalization Of Markets And Health In The Developing World, David Fidler
Neither Science Nor Shamans: Globalization Of Markets And Health In The Developing World, David Fidler
Indiana Journal of Global Legal Studies
No abstract provided.
Spirits In A Material World: Intelligent Agents As Intermediaries In Electronic Commerce, Ian R. Kerr
Spirits In A Material World: Intelligent Agents As Intermediaries In Electronic Commerce, Ian R. Kerr
Dalhousie Law Journal
The article provides an in-depth analysis of the contract issues peculiar to automated electronic commerce. The aim of the study is to provide a critical evaluation of the various solutions that might be adopted by a legislature seeking to cure formal defects in agreements that are negotiated and entered into by software programs, independent of human review. The author begins with an examination of the current state of the technology that automates electronic commerce, offering some speculation as to its future development. He then outlines the barriers to automated electronic commerce inherent in traditional contract doctrine. He argues against the …
Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters , Lawrence M. Sung
Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters , Lawrence M. Sung
American University Law Review
No abstract provided.
The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill
The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill
The Journal of Appellate Practice and Process
This essay addresses the issue of judges deciding what scientific evidence is admissible. The primary focus is the admissibility of expert mental state testimony in criminal cases. The issue is addressed by answering two questions: 1) how does science work and 2) how does the brain work?
Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto
Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto
Michigan Telecommunications & Technology Law Review
Although the antitrust laws apply to all industries, the application must be tempered in each case by the myriad ways in which competition can be modified by structural, behavioral, technological, regulatory, and other characteristics. The Commission applies the antitrust laws with sensitivity to the special characteristics of high-tech industries and of intellectual property, but also with the recognition that--as in other industries--competition plays an important role in spurring innovation and in spreading the benefits of that innovation to consumers. This focus is not new. This balanced approach has roots that go back at least to the 1977 Antitrust Guide to …
Constitutional Fact And Theory: A Response To Chief Judge Posner, Deborah Jones Merritt
Constitutional Fact And Theory: A Response To Chief Judge Posner, Deborah Jones Merritt
Michigan Law Review
In his James Madison Lecture on Constitutional Law, Chief Judge Richard Posner chides both professors and judges for devoting too much attention to constitutional theory and too little time to empiricism. Although I agree with Judge Posner's endorsement of empiricism, I dispute the roles he assigns empiricism and theory. Social science matters when interpreting the Constitution, but not in the way Posner posits. Facts cannot replace constitutional theories, nor can they mechanically resolve questions posed by theory. Instead, empirical knowledge is most useful in unmasking the theoretical assumptions that undergird constitutional law, in focusing those theories, and in contributing to …
Computer Software: Patentable Subject Matter Jurisprudence Comes Of Age, 18 J. Marshall J. Computer & Info. L. 113 (1999), Indira Saladi
Computer Software: Patentable Subject Matter Jurisprudence Comes Of Age, 18 J. Marshall J. Computer & Info. L. 113 (1999), Indira Saladi
UIC John Marshall Journal of Information Technology & Privacy Law
The Federal Circuit's ruling in State Street Bank Trust Co. v. Signature Financial Group, Inc. represented a paradigm shift in subject matter jurisprudence. Historically, software has been unpatentable because it included a mathematical algorithm, could not pass the physicality test, and was subject to the business methods exception. The State Street ruling expanded the scope of patentable subject matters by focusing on other aspects of patentability such as novelty, nonobviousness, and utility. State Street refreshingly modernizes patent law for improved application to today's evolving high technology industries. In "Computer Software: Patentable Subject Matter Jurisprudence Comes of Age," the author examines …
Foreword: Uniform Computer Information Transaction Act, 18 J. Marshall J. Computer & Info. L. 275 (2000), Ann Lousin
Foreword: Uniform Computer Information Transaction Act, 18 J. Marshall J. Computer & Info. L. 275 (2000), Ann Lousin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Yesterday's Love Letters Are Today's Best Sellers: Fair Use & The War Among Authors, 18 J. Marshall J. Computer & Info. L.141 (1999), Sonali R. Kolhatkar
Yesterday's Love Letters Are Today's Best Sellers: Fair Use & The War Among Authors, 18 J. Marshall J. Computer & Info. L.141 (1999), Sonali R. Kolhatkar
UIC John Marshall Journal of Information Technology & Privacy Law
This Comment will analyze how courts should interpret the four statutory factors in determining a fair use defense for once private documents, such as love letters, and how the courts need to add First Amendment and public policy concerns in deciding whether to allow the fair use. First, this Comment addresses the current definition of the fair use doctrine and its impact on unpublished works. This Comment will also address the need to create a new fair use defense test to include the First Amendment concerns of secondary authors who cannot create their works without the copyrighted information. Secondly, this …
Ucita: A 1990'S Vision Of E-Commerce, 18 J. Marshall J. Computer & Info. L. 323 (2000), Stephen Y. Chow
Ucita: A 1990'S Vision Of E-Commerce, 18 J. Marshall J. Computer & Info. L. 323 (2000), Stephen Y. Chow
UIC John Marshall Journal of Information Technology & Privacy Law
This article begins with a comparison of UCITA and UCC Article 2 and shows how much less restraint the drafters had while drafting the UCITA in early 1995. It was during this time that UCC Article 2 was still undergoing revision. This article continues with the author's detailed examination of the underlying major structural and policy defects in UCITA that require the drafters' attention before it is made into law. The author defines the scope of UCITA as being too broad. Furthermore, the author deconstructs and criticizes various sections of UCITA.
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 18 J. Marshall J. Computer & Info. L. 195 (1999), Harry Apostolakopoulos, Hunter M. Barrow, Kristi Belt
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 18 J. Marshall J. Computer & Info. L. 195 (1999), Harry Apostolakopoulos, Hunter M. Barrow, Kristi Belt
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Lawbrief For The Respondent, 18 J. Marshall J. Computer & Info. L. 235 (1999), Alice Sum, Christine Lent, Kimberly Gilyard
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Lawbrief For The Respondent, 18 J. Marshall J. Computer & Info. L. 235 (1999), Alice Sum, Christine Lent, Kimberly Gilyard
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 18 J. Marshall J. Computer & Info. L. 181 (1999), George B. Trubow, Ann Liebschutz, Maria Pope
1999 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 18 J. Marshall J. Computer & Info. L. 181 (1999), George B. Trubow, Ann Liebschutz, Maria Pope
UIC John Marshall Journal of Information Technology & Privacy Law
Every year The Center for Information Technology and Privacy Law of the John Marshall Law School hosts a moot court competition. This year's topic dealt with Internet hacking and subsequent harassment from personal information displayed on the web. The respondent, an Internet company that specializes in displaying pages from hacked websites, published a hacked page that contained personal information about the petitioner. The personal information included his social security number, home telephone number, and home address. Petitioner claimed invasion of privacy. The decision, from which the petitioner appeals, granted summary judgment in favor of the respondent. The issues presented in …
The Use Of Electronic Agents Questioned Under Contractual Law: Suggested Solutions On A European American Level, 18 J. Marshall J. Computer & Info. L. 403 (2000), Jean-Francois Lerouge
The Use Of Electronic Agents Questioned Under Contractual Law: Suggested Solutions On A European American Level, 18 J. Marshall J. Computer & Info. L. 403 (2000), Jean-Francois Lerouge
UIC John Marshall Journal of Information Technology & Privacy Law
This article recognizes the legal issues associated with the emergence of Electronic commerce and the roles of "electronic agents" between interactions of users and web-based companies. The author proposes legal solutions found in both common and civil laws when electronic agents are used. In addition, this article fully dissects the validity of contracts conducted by "electronic agents." The author begins by addressing the relevant technical issues and then looks at the legal questions involved in the use of electronic agents. Next, the author suggests minor changes to the present law which may actually offer possible solutions. The author further discusses …
The Uniform Computer Information Transactions Act: A Practitioner's View, 18 J. Marshall J. Computer & Info. L. 279 (2000), John A. Chanin
The Uniform Computer Information Transactions Act: A Practitioner's View, 18 J. Marshall J. Computer & Info. L. 279 (2000), John A. Chanin
UIC John Marshall Journal of Information Technology & Privacy Law
This article helps to clarify the reader's understanding of issues and concepts relating to UCITA in the midst of legislative drafting efforts to give "birth" to section 2B of the UCITA. Concepts such as the ability to "opt-in" or "out" of the Act, "manifestation of assent," electronic signatures, use of the electronic agent, "mass-market" are fully analyzed and discussed. This article first attempts to outline the drafting process followed by the UCITA drafting committee. Next, the author lays out the objectives of the drafters of the UCITA as it appears in the Prefatory Notes. The author further moves into the …
Ucita: Helping David Face Goliath, 18 J. Marshall J. Computer & Info. L. 365 (2000), Micalyn S. Harris
Ucita: Helping David Face Goliath, 18 J. Marshall J. Computer & Info. L. 365 (2000), Micalyn S. Harris
UIC John Marshall Journal of Information Technology & Privacy Law
The author explains the significance and benefits of UCITA and its major role in clarifying contractual agreements as it responds to the technological age of computer information. The author articulates that the benefits of UCITA are many and advantageous, especially for individuals and small businesses. The benefits of contract formation in UCITA are further elaborated upon in this article. Furthermore, the author delves into the concepts of Rules of Construction and Warranties. Other topics of discussion include transfers of interests and rights, financing arrangements, performance, breach of contract, mass market v. non-mass market transactions, and finally, remedies.
Making Ucita More Consumer-Friendly, 18 J. Marshall J. Computer & Info. L. 547 (2000), Michael L. Rustad
Making Ucita More Consumer-Friendly, 18 J. Marshall J. Computer & Info. L. 547 (2000), Michael L. Rustad
UIC John Marshall Journal of Information Technology & Privacy Law
In this article, the author supports the enactment of UCITA. In Part II of this article, the author explains why UCITA "simply clarify and modernize" commercial law and should be chosen over Article 2 of UCC. In Part III of the article, the author proposes two amendments to UCITA: 1) Software vendors should be given a minimum standard to follow for its software. According to the author, this would bring more adhesion to consumer transactions. 2) UCITA should be governed by state deceptive trade practice acts. Finally, the author ends by saying that state legislatures would be unable to reach …
Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies
Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies
UIC John Marshall Journal of Information Technology & Privacy Law
The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …
Software Engineering And Ucita, 18 J. Marshall J. Computer & Info. L. 435 (2000), Cem Kaner
Software Engineering And Ucita, 18 J. Marshall J. Computer & Info. L. 435 (2000), Cem Kaner
UIC John Marshall Journal of Information Technology & Privacy Law
This article investigates the software engineering community's direct opposition to UCITA. The author begins by detailing the adverse effect of UCITA on software development and how it will interfere with public interest. Secondly, the author expounds on the rules governing intellectual property and how UCITA would interfere with both users and creators in this field. Thirdly, the author lays out UCITA's rules relating to electronic communication and its uncostly bearings on e-mail. Next, the author explains how UCITA interferes with engineering practices. Furthermore, the author provides a glimpse of UCITA's interference with software engineers and small consulting firms. Lastly, the …
The Role Of Patent Law In Poland's Transitioning Science And Technology Policy, And A Comparison With The Patent Laws Of The United States, 17 J. Marshall J. Computer & Info. L. 381 (1999), Edward H. Sikorski
UIC John Marshall Journal of Information Technology & Privacy Law
Poland is at a critical point in determining whether it will provide the type of intellectual property protection afforded in other countries. Based on its current programs, Poland clearly recognizes that it must improve its infrastructure. It is imperative for Poland to institute and develop new science and technology policies. As a result, Poland must pay attention to issues like privatization and intellectual property because newly privatized companies will lean on patents and other rights as footholds against their competitors. Poland must also address issues concerning physical access and communications and electronic access to the country. Poland's overall science and …
Issued Patents And The Standard Of Proof: Evidence Clear And Convincing Or Merely Ponderous, 17 J. Marshall J. Computer & Info. L. 557 (1999), David W. Okey
UIC John Marshall Journal of Information Technology & Privacy Law
Patent cases use a "preponderance of the evidence" standard of proof, unless the validity of a patent is in question, in which case the standard is "clear and convincing evidence." The comment examines the meaning of the standards in their application to United States patent practice. After giving examples with interference and infringement cases, the comment argues that the vast majority of cases are decided on evidence not presented to the Patent and Trademark Office (PTO) during prosecution of the patent. The assumption that a patent is valid is based on the thorough examination it receives prior to its allowance …
Congress Must Learn To Surf The Internet If It Ever Wants To Catch The Next Wave Of Securities Fraud, 17 J. Marshall J. Computer & Info. L. 589 (1999), Ted A. Smith
UIC John Marshall Journal of Information Technology & Privacy Law
Despite the popularity in the area of securities trading and all of the new challenges the Internet brings to the area of securities fraud, Congress has not chosen to react with new legislation. Instead, Congress has chosen to remedy the problems through the use of existing laws that were written over fifty years ago. This decision by Congress is at odds with other decisions it has made with respect to other areas of law that have been impacted by the Internet. Congress reacted to the effects of the Internet on gambling with proposed legislation aimed specifically at problems the Internet …
Computers And The Discovery Of Evidence - A New Dimension To Civil Procedure, 17 J. Marshall J. Computer & Info. L. 411 (1999), Mark D. Robins
Computers And The Discovery Of Evidence - A New Dimension To Civil Procedure, 17 J. Marshall J. Computer & Info. L. 411 (1999), Mark D. Robins
UIC John Marshall Journal of Information Technology & Privacy Law
Attorneys are largely unaware of the types of evidence available through computer related sources. Lawyers and courts face similar obstacles in exploring the electronic frontier. The legal community is confronting the dispute between a liberal policy of open access to relevant information and the burdens of computer-related discovery of sensitive, confidential and privileged material. Computers are used to generate, process and store vast amounts of useful information-related evidence. Computers also create discovery hazards when they store damaging information, trade secrets and other proprietary or confidential data. Another discovery problem arises because of the lack of uniformity of spoliation laws over …
How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Reexamining The Economics Of Computer Software Reuse, 17 J. Marshall J. Computer & Info. L. 511 (1999), Michael Risch
UIC John Marshall Journal of Information Technology & Privacy Law
The various circuit courts of appeal have been unable to agree on the appropriate method of determining when one computer program infringes the copyright in another computer program. This article traces the differences among the circuits, proposes a model to explain what courts are doing, asserts a set of factors that simplify the analysis of determining copyright infringement, and tests those factors against seemingly irreconcilable cases. Finally, the article applies the analysis to unresolved computer software issues of today in order to predict likely outcomes.
Cd-Rom Briefs: Must Today's High Tech Lawyers Wait Until The Playing Field Is Level?, 17 J. Marshall J. Computer & Info. L. 615 (1999), Joanne M. Snow
Cd-Rom Briefs: Must Today's High Tech Lawyers Wait Until The Playing Field Is Level?, 17 J. Marshall J. Computer & Info. L. 615 (1999), Joanne M. Snow
UIC John Marshall Journal of Information Technology & Privacy Law
The CD-ROM has infiltrated every part of the legal profession, from research and learning aids to information storage. The newest technological advancement to enter the profession is the CD-ROM brief. In 1997, the first three CD-ROM briefs were filed with the federal judiciary, and the courts seem more than eager to continue their use. As with all new things, there are critics. Those opposed to CD-ROM briefs believe that they will adversely affect the standard of review, efficiency and finality of decisions in the trial and appellate courts and prejudice the less affluent. These concerns, however, are unfounded. The appellate …