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Articles 1 - 30 of 77
Full-Text Articles in Law
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 First, this Comment addresses the current definition of the fair use doctrine and its impact on unpublished works.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 …
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 17 J. Marshall J. Computer & Info. L. 643 (1999), George B. Trubow, Mark Herrick, Laura Mcfarland-Taylor
UIC John Marshall Journal of Information Technology & Privacy Law
In this moot court competition bench memo, the Supreme Court the state of Marshall has to decide whether the monitoring and recording of a voice mail message in the work environment constitutes a violation of the Electronic Communications Privacy Act ("ECPA") or an invasion of privacy. Plaintiff's brother is an employee of a for-profit corporation that provides a digital telephone system that allows employee use features such as voice mail. Employees can access their voice mail both at their desks or other location within the company. The company, however, implements a policy of random phone conversation monitoring to avoid abuse …
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 17 J. Marshall J. Computer & Info. L. 689 (1999), Jennifer Byram, Jacqueline Gray, Ian Wallach
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 17 J. Marshall J. Computer & Info. L. 661 (1999), Donna Coury, Rebecca F. Kelley, Mark A. Miller
1998 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 17 J. Marshall J. Computer & Info. L. 661 (1999), Donna Coury, Rebecca F. Kelley, Mark A. Miller
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
On The Centrality Of Information Law: A Rational Choice Discussion Of Information Law And Transparency, 17 J. Marshall J. Computer & Info. L. 1069 (1999), William B.T. Mock
On The Centrality Of Information Law: A Rational Choice Discussion Of Information Law And Transparency, 17 J. Marshall J. Computer & Info. L. 1069 (1999), William B.T. Mock
UIC John Marshall Journal of Information Technology & Privacy Law
The purpose of this Article is to establish the importance of information law and to encourage its further study. By applying information technology theory, economic theory and, and political theory insights, the Article examines the centrality of information law in open societies. Information law rests upon two premises. The first of which is that information is a legally cognizable concept- that it can be framed in legal terms and has legal significance. The second premise is that there exists a rationale for government regulation and provision of information, either explicitly or implicitly. Transparency is a flexible concept used in a …
Digital Value Units, Electronic Commerce And International Trade: An Obituary For State Sovereignty Over National Markets, 17 J. Marshall J. Computer & Info. L. 1197 (1999), Shahriar Tavkol
UIC John Marshall Journal of Information Technology & Privacy Law
This comment concentrates on the economic and commercial effects of e-money, primarily in the form of digital value units ("DVUs"). E- money, especially in the form of DVUs, will greatly affect the sovereignty of nations: the use of e-money will diminish a country's control of its own money supply and result in less control over national markets for currency. Part II(A) addresses the history of money, before and after the Internet's creation. Part II(B) discusses the economics of e-money and the interactivity between governments, national markets, and commerce. Part II(C) addresses the role of governments before and after the Internet's …
The E-Vote: A Proposal For An Interactive Federal Government, 17 J. Marshall J. Computer & Info. L. 1101 (1999), Colette Luchetta-Stendel
The E-Vote: A Proposal For An Interactive Federal Government, 17 J. Marshall J. Computer & Info. L. 1101 (1999), Colette Luchetta-Stendel
UIC John Marshall Journal of Information Technology & Privacy Law
This comment suggests that individual United States citizens deserve a chance to propose legislature directly to the legislature; additionally, individuals should be permitted to vote on federal legislation before the President enacts it. The comment proposes that there be a popular electronic vote on all federal legislation. It discusses the history behind this proposition, including the Constitution, the legislature, and the history of elections and voting in the United States. Additionally, it discusses the media's influence on elections, the principles of direct democracy, and the evolution of the Internet. The comment details the ways this proposition would benefit the current …
Megan's Law: Analysis On Whether It Is Constitutional To Notify The Public Of Sex Offenders Via The Internet, 17 J. Marshall J. Computer & Info. L. 1133 (1999), Susan Oakes
UIC John Marshall Journal of Information Technology & Privacy Law
Because of the public demand for stronger governmental action against those who commit violent and sexual offenses against children, Congress implemented "Megan's Law" which mandated that the registered information of criminal child sex offenders be unlimited in disclosure so long as the information released is necessary to protect the public. Megan's Law and the Internet (as useful medium for communicating information on sex offenders), fulfill a similar goal as criminal cases receiving media attention because both aid in protecting the public from potential crimes committed by dangerous sex offenders. Megan's Law is constitutional because it is not punitive and because …
Technology Arms Peeping Toms With A New And Dangerous Arsenal: A Compelling Need For States To Adopt New Legislation, 17 J. Marshall J. Computer & Info. L. 1167 (1999), Maria Pope
UIC John Marshall Journal of Information Technology & Privacy Law
With the rapid growth of technology, voyeurs are now armed with mechanical devices that aid them in their attempt to invade one's privacy. In addition, the images are now recorded and available for others to view. The introduction of the Internet as a medium to distribute material obtained from voyeurs increases the harm of video voyeurism to an international level. Despite the rapid growth of video voyeurism, numerous states have adequate statutes that make this act a crime. In addition, many state statutes fail to include provisions directed at new advancements in technology and the distributors of voyeur recorded material. …
State V. Donis: The New Jersey Supreme Court Turns Its Back While Police Conduct Random Mobile Data Terminal Searches, 17 J. Marshall J. Computer & Info. L. 1235 (1999), Kevin C. Wille
UIC John Marshall Journal of Information Technology & Privacy Law
This article attacks the validity of the controversial holding in the Donis case that allows law enforcement officers to use personal information provided by the Department of Motor Vehicle ("DMV") at the officers' discretion. The main hurdle that the court had to overcome was the New Jersey Constitution. Ultimately the court found that the personal information was not protected because it was being used for legitimate law enforcement practices. The underlying sentiment of the court is that law officers would not abuse their authority when searching for stolen vehicles and invalid drivers licenses using a mobile data terminal ("MDT"). The …
Moving With Change: Electronic Signature Legislation As A Vehicle For Advancing E-Commerce, 17 J. Marshall J. Computer & Info. L. 723 (1999), Thomas J. Smedinghoff, Ruth Hill Bro
Moving With Change: Electronic Signature Legislation As A Vehicle For Advancing E-Commerce, 17 J. Marshall J. Computer & Info. L. 723 (1999), Thomas J. Smedinghoff, Ruth Hill Bro
UIC John Marshall Journal of Information Technology & Privacy Law
The value of U.S. based electronic commerce (e-commerce) transactions was estimated to be $43 billion in 1998 and is projected to grow to $1.3 trillion by 2003, totaling over nine percent of total U.S. business sales. Governments have embraced e-commerce as a positive development that should be encouraged. Many of our states and foreign countries have responded by enacting legislation regarding the enforceability of e-commerce transactions. There are three fundamental issues surrounding online commerce. These issues are: 1) whether the transaction is legal; 2) whether the message can be trusted; and 3) what are the rules of conduct. Concerning the …
Foreword: Digital Signature And Electronic Document Verification, 17 J. Marshall J. Computer & Info. L. 721 (1999), Robert G. Johnston
Foreword: Digital Signature And Electronic Document Verification, 17 J. Marshall J. Computer & Info. L. 721 (1999), Robert G. Johnston
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.