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Articles 1 - 14 of 14
Full-Text Articles in Law
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Richmond Journal of Law & Technology
Welcome to the fourth issue and final of the Richmond Journal of Law & Technology for the 2005-2006 academic year. Volume 12, Issue 4 is the second publication of the Journal’s Annual Survey on Electronic Discovery. The topic of Electronic Discovery is particularly relevant considering the impending applicability of the proposed amendments to the Federal Rules of Civil Procedure. The Annual Survey Editor has worked extensively to bring together different commentary on Electronic Discovery.
Faulkner V. National Geographic’S Effect On Author's Rights In Electronic Transfer, Allison Hundstad
Faulkner V. National Geographic’S Effect On Author's Rights In Electronic Transfer, Allison Hundstad
Richmond Journal of Law & Technology
Technological advances have triggered constant evolution in copyright law. As the Internet and computers have allowed images and written works to be available with the click of a button, Congress and the courts have been faced with the task of reshaping copyright law in order to determine the digital rights of material that already has copyright protection in its print form, with the goal of reducing the uncertainty surrounding the ownership of the right to reproduce these materials in a digital format.
Parallel Trade, Unparallel Laws: An Examination Of The Pharmaceutical Parallel Trade Laws Of The United States, The European Union And The World Trade Organization, Julia A. Moore
Richmond Journal of Global Law & Business
No abstract provided.
Linguistics And Claim Construction, Kristen Jakobsen Osenga
Linguistics And Claim Construction, Kristen Jakobsen Osenga
Law Faculty Publications
This Article argues that patent claim construction should instead track the way in which we, as readers of a language, attempt to understand what is being conveyed via the written word. First, there is a base level of conventional understanding from which all interpretation starts, an understanding that either a priori exists based on our earlier encounters with the word or is obtained from a dictionary in cases in which we lack previous knowledge. Second, from this conventional understanding, we construct the actual meaning of the term based on a number of linguistic clues. These clues are both internal and …
A Duty Everlasting: The Perils Of Applying Traditional Doctrines Of Spoliation To Electronic Discovery, Michael R. Nelson, Mark H. Rosenberg
A Duty Everlasting: The Perils Of Applying Traditional Doctrines Of Spoliation To Electronic Discovery, Michael R. Nelson, Mark H. Rosenberg
Richmond Journal of Law & Technology
Amendments to the Federal Rules of Civil Procedure regarding electronic discovery are expected to take effect on December 1, 2006. These amendments are designed to alleviate the burden, expense and uncertainty that has resulted from the application of traditional discovery principles in the electronic age. These principles worked well in an era where discovery was primarily limited to the production of paper documentation, but have proved unworkable when applied to the discovery of electronic data, particularly in the “corporate world,” where even the most routine business discussions are captured in electronic format.5
On International Trademark And The Internet: The Lanham Act’S Long Arms, Joshua Clowers
On International Trademark And The Internet: The Lanham Act’S Long Arms, Joshua Clowers
Richmond Journal of Law & Technology
Trademarks tie a face to a product. The face is often a name or symbol, but it can also be something like a sound, a smell or even a “look.” They exist for the benefit of both the trademark owner/producer and the consumer. The purpose of a trademark, traditionally, has been to protect against the confusion of consumers when selecting products or services. Yet, a trademark’s functionality is not limited to preventing confusion. Other uses include both preserving the goodwill of the consumer for the mark owner and preventing the “diversion of trade through commercial misrepresentations.”
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its second issue of the 2006–2007 academic school year. The Journal staff has worked diligently during the first half of the year to produce an exceptional issue.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Richmond Journal of Law & Technology
Welcome to the third issue of the Richmond Journal of Law & Technology for the 2005-2006 academic year. Volume 12, Issue 3 deals with contemporary issues of law and technology involving privacy, academics, and healthcare.
Plagiarism In Cyberspace: Learning The Rules Of Recycling Content With A View Towards Nurturing Academic Trust In An Electronic World, Deborah R. Gerhardt
Plagiarism In Cyberspace: Learning The Rules Of Recycling Content With A View Towards Nurturing Academic Trust In An Electronic World, Deborah R. Gerhardt
Richmond Journal of Law & Technology
Plagiarism is an issue of trust. If we respect honor codes, we gain the comfort of knowing that what we read is spoken in the voice of the author and what we write will not be misrepresented as someone else’s original work. Are these simple comforts anachronistic? Perhaps. Acts of plagiarism among students are on the rise, and recently, a series of famous academics, historians, journalists, and even a Tony-award nominated playwright have been accused of plagiarism. If our academic communities hope to reverse this trend, we must reflect on how and why plagiarism occurs and what we can do …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology (“JOLT”) is proud to present the first issue of the 2006 -2007 academic year. Volume 13, Issue 1 is the product of the Journal’s Third Annual Student Writing Competition, held in the spring semester of 2006. As always, the student writing competition focuses on emerging issues in the field of technology and the law. This year’s issue holds special significance to JOLT’s staff, as it was made possible by the generous donation of Mr. Richard Klau. His contribution to our publication will allow us to recognize the brightest student minds in the legal …
Teaching A Man To Fish: Why National Legislation Anchored In Notice And Consent Provisions Is The Most Effective Solution To The Spyware Problem, M. Angela Buenaventura
Teaching A Man To Fish: Why National Legislation Anchored In Notice And Consent Provisions Is The Most Effective Solution To The Spyware Problem, M. Angela Buenaventura
Richmond Journal of Law & Technology
The term “spyware” encompasses a wide range of software designed to intercept or take partial control of a computer. Spyware slows down computers and forces computer users to expend resources on repair and installation of protective software. Consumers also face the danger that personal information gathered through spyware will be misused. Thus, most people agree that spyware is an annoying and costly problem. However, there is no consensus on the best way to solve the spyware problem. This article examines the methods currently being used to battle spyware, as well as proposed national spyware legislation. The article outlines the various …
How Does My Work Become Our Work? Dilution Of Authorship In Scientific Papers, And The Need For The Academy To Obey Copyright Law, Sean B. Seymore
How Does My Work Become Our Work? Dilution Of Authorship In Scientific Papers, And The Need For The Academy To Obey Copyright Law, Sean B. Seymore
Richmond Journal of Law & Technology
Professors enjoy a world of extensive institutional autonomy and individual academic freedom. Universities and courts defer to a professor’s judgment for “genuinely academic decisions” unless they depart from academic norms. Universities, courts, and professional societies should intervene, however, when academic norms and custom do not comport with the law.
Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom
Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom
Richmond Journal of Law & Technology
With technology, everything just comes faster, smarter, and meaner. But the basics remain the same.
Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia
Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia
Law Faculty Publications
The Federal Circuit's recent nonobviousness jurisprudence has been the subject of much criticism. Reports from the Federal Trade Commission and the National Research Council and a pending petition for certiorari to the Supreme Court all conclude that the Federal Circuit has improperly relaxed the nonobviousness standard. Most of this criticism focuses on the Federal Circuit's implementation of part of the nonobviousness inquiry - the suggestion test. The suggestion test queries whether a suggestion to make the invention existed before the invention's creation. The Federal Circuit allegedly requires a suggestion to come solely from prior art references. The court ignores other …