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Articles 1 - 30 of 50
Full-Text Articles in Science and Technology Law
Calming Aids Phobia: Legal Implications Of The Low Risk Of Transmitting Hiv In The Health Care Setting, American Bar Association Aids Coordinating Committee
Calming Aids Phobia: Legal Implications Of The Low Risk Of Transmitting Hiv In The Health Care Setting, American Bar Association Aids Coordinating Committee
University of Michigan Journal of Law Reform
Scientists are concluding that the risk of becoming infected with the virus that causes AIDS based on transmission from an infected health care worker is infinitesimal: in fact, only one health care worker has ever been documented as the source of HN transmission to a patient. This Article sets forth the medical evidence concerning this low risk and argues that legal decision making should incorporate these facts into its analysis of legal problems involving HN-infected health care workers. The Article analyzes three areas of such legal decision making: (1) employment and related credentialing of HN-infected health care workers; (2) liability …
Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece
Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece
Michigan Telecommunications & Technology Law Review
The world economy is experiencing a technological revolution, fueled by rapid advances in microelectronics, optics, and computer science, that in the 1990s and beyond will dramatically change the way people everywhere communicate, learn, and access information and entertainment. This technological revolution has been underway for about a decade. The emergence of a fully-interactive communications network, sometimes referred to as the "Information Superhighway," is now upon us. This highway, made possible by fiber optics and the convergence of several different technologies, is capable of delivering a plethora of new interactive entertainment, informational, and instructional services that are powerful and user-friendly. The …
Constitutional Misconceptions, Radhika Rao
Constitutional Misconceptions, Radhika Rao
Michigan Law Review
A Review of Children of Choice: Freedom and the New Reproductive Technologies by John A. Robertson
Gestational Surrogacy: Legal Implications Of Reproductive Technology, Erika Hessenthaler
Gestational Surrogacy: Legal Implications Of Reproductive Technology, Erika Hessenthaler
North Carolina Central Law Review
No abstract provided.
The Obsolescence Of Wall Street: A Contextual Approach To The Evolving Structure Of Federal Securities Regulation, Joel Seligman
The Obsolescence Of Wall Street: A Contextual Approach To The Evolving Structure Of Federal Securities Regulation, Joel Seligman
Michigan Law Review
As a matter of analytical style, this article illustrates a contextualist approach. For a considerable period of time, the dominant analytical style in corporate and securities .law has been a variant of economic, or law and economics, analysis. The virtue of this type of analysis is that it focuses on what its authors deem to be crucial variables and reaches conclusions derived from the core of a specific legal problem. The defect of this type of analysis is that so much is assumed or often assumed away.
U.S. Government Control Over The Export Of Scientific Research And Other Technical Data: Holes In The Sieve, Robert Greenspoon
U.S. Government Control Over The Export Of Scientific Research And Other Technical Data: Holes In The Sieve, Robert Greenspoon
Michigan Journal of International Law
In Part I, I establish the backdrop for answering the question by describing the kinds of scientific data that might be subject to security classification and export licensing. In Part II, I outline briefly who chooses what should be restricted and who enforces these restrictions. In Part III, I describe several situations in which the federal government has vigorously enforced controls over the dissemination of scientific information. I also analyze two recent cases involving computer software that I believe analogize directly to the scientific endeavor. Finally, in Part IV, I explain why First Amendment barriers, the growth of the Internet …
The Prewarrant Use Of Thermal Imagery: Has This Technological Advance In The War Against Drugs Come At The Expense Of Fourth Amendment Protections Against Unreasonable Searches?, Mindy G. Wilson
Kentucky Law Journal
No abstract provided.
Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter
Computers, Copyright And Substantial Similarity: The Test Reconsidered, 14 J. Marshall J. Computer & Info. L. 47 (1995), Jeffrey D. Coulter
UIC 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 of …
Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy
Revising The Copyright Law For Electronic Publishing, 14 J. Marshall J. Computer & Info. L. 1 (1995), David J. Loundy
UIC 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 …
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 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.
UIC 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 …
Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor
Medical Process Patents And Patient Privacy Rights, 14 J. Marshall J. Computer & Info. L. 131 (1995), Jeffrey A. Taylor
UIC 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 …
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
UIC 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 …
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
UIC 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 which petitioner …
A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie
A Lawyer's Roadmap Of The Information Superhighway, 13 J. Marshall J. Computer & Info. L. 177 (1995), Mark L. Gordon, Diana J.P. Mckenzie
UIC 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 telephone …
Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein
UIC 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 …
Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes
Computer Software: Intellectual Property Protection In The United States And Japan, 13 J. Marshall J. Computer & Info. L. 245 (1995), Jack M. Haynes
UIC 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 …
Foreword:The National Information Infrastructure, 13 J. Marshall J. Computer & Info. L. 175 (1995), George B. Trubow
Foreword:The National Information Infrastructure, 13 J. Marshall J. Computer & Info. L. 175 (1995), George B. Trubow
UIC 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.
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
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
UIC 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 decisions pertaining to adoption are …
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
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
UIC 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 is no causative …
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
UIC 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 …
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
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
UIC 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 …
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
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
UIC 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 …
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
UIC 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 injuries and surgeries to the trier of fact in a trial proceeding. The trial …
E-Mail Stalking: Is Adequate Legal Protection Available?, 13 J. Marshall J. Computer & Info. L. 405 (1995), Eileen S. Ross
E-Mail Stalking: Is Adequate Legal Protection Available?, 13 J. Marshall J. Computer & Info. L. 405 (1995), Eileen S. Ross
UIC 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.
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
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
UIC 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. Consequently, prosecutors …
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
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
UIC 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 users to …
Credit Cards In America, 13 J. Marshall J. Computer & Info. L. 573 (1995), David A. Szwak
Credit Cards In America, 13 J. Marshall J. Computer & Info. L. 573 (1995), David A. Szwak
UIC 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, fraud …
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
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
UIC 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
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
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
In Re Alappat: A Strict Statutory Interpretation Determining Patentable Subject Matter Relating To Computer Software?, 13 J. Marshall J. Computer & Info. L. 635 (1995), Sang Hui Michael Kim
In Re Alappat: A Strict Statutory Interpretation Determining Patentable Subject Matter Relating To Computer Software?, 13 J. Marshall J. Computer & Info. L. 635 (1995), Sang Hui Michael Kim
UIC John Marshall Journal of Information Technology & Privacy Law
This article is a review of the Federal Circuit Court decision of In Re Alappat. The subject of the case is an invention by Alappat. This invention is a “rasterizer that produces illumination intensity data ‘used’ by a display means to illuminate pixels on a screen according to a calculated illumination intensity value.” In analyzing this case, the Federal Circuit Court interpreted 35 U.S.C. sec. 112, para. 6 strictly and held that a “programmed computer becomes a new machine.” Alappat’s application is carefully followed because “it essentially undermines the basic principle of examination” by the U.S. Patent and Trademark Office. …