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Articles 1 - 30 of 64
Full-Text Articles in Science and Technology Law
Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen
Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen
Michigan Law Review
Ninety-three years ago, in Lochner v. New York, the Supreme Court struck down a maximum-working-hours law for bakers as an impermissible invasion of employer-employee liberty of contract and, by implication, of the employer's property rights in his business. Lochner came to symbolize, and was vilified for, a vision of state power as rigidly circumscribed by the operation of judicially-determined laws of social ordering. By the late 1930s, the Court had changed course and accepted that the states' police power - or, in the case of Congress, the commerce power - encompassed even protective regulation of the parameters of the private …
Technocentrism And The Soul Of The Common Law Lawyer , Molly Warner Lien
Technocentrism And The Soul Of The Common Law Lawyer , Molly Warner Lien
American University Law Review
No abstract provided.
Should There Be Another Ewe? A Critical Analysis Of The European Union Cloning Legislation, Khristan A. Heagle
Should There Be Another Ewe? A Critical Analysis Of The European Union Cloning Legislation, Khristan A. Heagle
Penn State International Law Review
No abstract provided.
Discovery, Learning And Adoption Of New Techniques: Choosing Specialization To Optimize Technical Progress, James Bessen
Discovery, Learning And Adoption Of New Techniques: Choosing Specialization To Optimize Technical Progress, James Bessen
Faculty Scholarship
Why is it that adopting new technologies takes so long and costs so much? Clearly, firms do not know all the details necessary to implement a complex technology efficiently; learning these details requires extensive search. However, this explanation has a problem: even limited search may be so costly that newly discovered techniques will not be tried. We find that specialization solves this problem. If a complex process is divided into many small components, each searched in parallel, then discoveries are readily tested. Moreover, specialized search can perform surprisingly well even for processes of indefinite complexity. We measure the returns to …
Internet Contacts And Forum Notice: A Formula For Personal Jurisdiction, Darren L. Mccarty
Internet Contacts And Forum Notice: A Formula For Personal Jurisdiction, Darren L. Mccarty
William & Mary Law Review
No abstract provided.
Truth, With A Small "T", David L. Faigman
Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso
Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso
McGeorge School of Law Scholarly Articles
No abstract provided.
Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso
Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso
McGeorge Law Review
No abstract provided.
Justice And Public Safety In The Twenty-First Century, Janet Reno
Justice And Public Safety In The Twenty-First Century, Janet Reno
McGeorge Law Review
No abstract provided.
The Frankenstein Controversy: The Constitutionality Of A Federal Ban On Cloning, Anne Lawton
The Frankenstein Controversy: The Constitutionality Of A Federal Ban On Cloning, Anne Lawton
Kentucky Law Journal
No abstract provided.
Crisis En La Corte Suprema, Horacio M. Lynch
Crisis En La Corte Suprema, Horacio M. Lynch
Horacio M. LYNCH
Presentación en la conferencia dictada en la ciudad de Córdoba, con motivo de la reunión de la Federación de Colegios de Abogados de la Provincia de Córdoba.
Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson
Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson
Ira Steven Nathenson
This Article addresses 'spamdexing,' namely, the practice of stuffing invisible keywords into webpages in order to try to get more favorable listings with search engines. For instance, some website owners will stuff the trademarks of competitors into a webpage’s code, particularly by using 'meta tags,' indexing keywords that can be hidden in a webpage’s source code. Although meta tags are not typically viewed by users, the code can be read by search engines, with the result that webpages may be improperly boosted in search engine rankings. Such practices can confuse the public and have also spurred trademark lawsuits. But the …
Regulating The Media's Coverage Of Terrorist Activities, 8 Computer L.J. 227 (1988), Karin Anderson Moffitt
Regulating The Media's Coverage Of Terrorist Activities, 8 Computer L.J. 227 (1988), Karin Anderson Moffitt
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Regulation Of Music Videos: Should The Fcc "Beat It?", 8 Computer L.J. 287 (1988), Aloma H. Park
Regulation Of Music Videos: Should The Fcc "Beat It?", 8 Computer L.J. 287 (1988), Aloma H. Park
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Challenging Cable Televison Exclusive Franchise Agreements: Has "State Action" Immunity Gone Too Far?, 8 Computer L.J. 311 (1988), Mark T. Kawa
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Cable Tv Users Taxes: A First Amendment Challenge, 8 Computer L.J. 257 (1988), Carlos Victor Yguico
Cable Tv Users Taxes: A First Amendment Challenge, 8 Computer L.J. 257 (1988), Carlos Victor Yguico
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Foreword: "Article Of Manufacture" Patent Claims For Computer Instruction, 17 J. Marshall J. Computer & Info. L. 1 (1998), Allen B. Wagner
Foreword: "Article Of Manufacture" Patent Claims For Computer Instruction, 17 J. Marshall J. Computer & Info. L. 1 (1998), Allen B. Wagner
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A New Frontier In Patents: Patent Claims To Propagated Signals, 17 J. Marshall J. Computer & Info. L. 75 (1998), Jeffrey R. Kuester, Scott A. Horstemeyer, Daniel J. Santos
A New Frontier In Patents: Patent Claims To Propagated Signals, 17 J. Marshall J. Computer & Info. L. 75 (1998), Jeffrey R. Kuester, Scott A. Horstemeyer, Daniel J. Santos
UIC John Marshall Journal of Information Technology & Privacy Law
If you thought "Beauregard" claims were a slippery slope to an uncertain end, you were right! The new frontier after In re Beauregard is the "propagated signal" claim -- a claim directed to a manufactured transient phenomenon, such as an electrical, optical, or acoustical signal, that could further revolutionize the way communications and software companies protect their intellectual property. It can make procuring patents less expensive and result in more extensive coverage, while challenging the limits of conventional wisdom. This new claim type will be viewed by some as a threat, and by others, as yet another step in the …
The Relative Roles Of Patent And Copyright In The Protection Of Computer Programs, 17 J. Marshall J. Computer & Info. L. 41 (1998), Dennis S. Karjala
The Relative Roles Of Patent And Copyright In The Protection Of Computer Programs, 17 J. Marshall J. Computer & Info. L. 41 (1998), Dennis S. Karjala
UIC John Marshall Journal of Information Technology & Privacy Law
The author approaches the problem of software patents from the perspective of copyright, where the debate over the appropriate scope of protection for computer programs continues to rage. This debate has largely followed the copyright tradition of considering copyright as a stand-alone statute, capable of resolving all of its problems with very little reference to other legal regimes and, in particular, with very little reference to patent law. It appears to the author that patent law has also gone about its business relating to software, from Benson to Beauregard, as if patent law were essentially the only relevant player. The …
Patenting Computer Science: Are Computer Instruction Writings Patentable?, 17 J. Marshall J. Computer & Info. L. 5 (1998), Allen B. Wagner
Patenting Computer Science: Are Computer Instruction Writings Patentable?, 17 J. Marshall J. Computer & Info. L. 5 (1998), Allen B. Wagner
UIC John Marshall Journal of Information Technology & Privacy Law
This paper opposes the IBM/PTO proposal to patent (as an article of manufacture) computer instruction fixed on computer readable media (so called media or Beauregard claims). The juridical issue raised is whether patents are limited to the utilitarian embodiment of inventions (the instructed machine) or may be extended to include mere symbolic expression (the machine instruction) fixed in a tangible medium. In Part I, the author argues (a) patenting symbolic expression breaches the intellectual property premise prohibiting property interests in mere abstract ideas, by avoiding both copyright merger and patent preemption doctrines, and (b) contrary to the PTO analysis, patents …
Statutory Subject Matter And Hybrid Claiming, 17 J. Marshall J. Computer & Info. L. 277 (1998), R. Carl Moy
Statutory Subject Matter And Hybrid Claiming, 17 J. Marshall J. Computer & Info. L. 277 (1998), R. Carl Moy
UIC John Marshall Journal of Information Technology & Privacy Law
The statutory subject matter provision of the United States patent code is one of that law's murkiest provisions. It has been the subject of repeated cases before the United States Supreme Court. Despite this, confusion and disagreement among the lower courts remains substantial. Much of the literature agrees that the law is in disarray. This paper isolates and treats one such problem: that of dealing with so-called "hybrid" inventions. Hybrid inventions are those that consist of both statutory and non-statutory elements grouped together. As such, their basic nature presents a classification problem. Hybrid inventions are mongrels, neither purely statutory nor …
An Attempt To Rationalize Floppy Disc Claims, 17 J. Marshall J. Computer & Info. L. 183 (1998), Richard H. Stern
An Attempt To Rationalize Floppy Disc Claims, 17 J. Marshall J. Computer & Info. L. 183 (1998), Richard H. Stern
UIC John Marshall Journal of Information Technology & Privacy Law
It is now more than four years since the Federal Circuit's en banc decision in In re Alappat. It is now at least two years since the intertwined events of the Federal Circuit's curious decisions to remand in In re Beauregard and In re Trovato, and the publication by the Patent and Trademark Office (PTO) of its Guidelines on the examination of software-related patent applications. Despite that passage of time, the clarity of the legal status of software-related patents, and particularly those written in article of manufacture format (so-called floppy disk patents), has not improved. Nonetheless, use of such claims …
Are Beauregard's Claims Really Valid?, 17 J. Marshall J. Computer & Info. L. 347 (1998), Jeffrey S. Draeger
Are Beauregard's Claims Really Valid?, 17 J. Marshall J. Computer & Info. L. 347 (1998), Jeffrey S. Draeger
UIC John Marshall Journal of Information Technology & Privacy Law
Computer hardware, software, and networking equipment together have fueled the onset of the Information Age, an age where a seemingly endless stream of ones and zeroes often is an extremely valuable commodity. Undeniably, computer software has been a crucial building block in this Information Age. However, intellectual property law has been slow to embrace software inventions as patentable subject matter on par with computer hardware and networking equipment. This Comment concludes that claims for computer instruction embodied in a computer readable medium do constitute statutory subject matter. As proper statutory subject matter, such claims should be evaluated "as a whole," …
Of Text, Technique, And The Tangible: Drafting Patent Claims Around Patent Rules, 17 J. Marshall J. Computer & Info. L. 219 (1998), John R. Thomas
Of Text, Technique, And The Tangible: Drafting Patent Claims Around Patent Rules, 17 J. Marshall J. Computer & Info. L. 219 (1998), John R. Thomas
UIC John Marshall Journal of Information Technology & Privacy Law
Courts have long recognized and policed attempts to contract around the patent code. Settled law establishes that the proprietor of a patent which enjoys market power cannot extend that patent beyond its statutory term or restrain competition in an unpatented product via contract. Yet today a far more subtle and fundamental mechanism for drafting around the statute has materialized: the humble patent instrument itself. Patent drafters have only partially realized the remarkable set of tools they now possess for expanding the scope of patent-eligible subject matter, augmenting the market power of issued patents, and avoiding core precepts of the patent …
Patentability Of Computer Software Instruction As An "Article Of Manufacture": Software As Such As The Right Stuff, 17 J. Marshall J. Computer & Info. L. 89 (1998), Vincent Chiappetta
Patentability Of Computer Software Instruction As An "Article Of Manufacture": Software As Such As The Right Stuff, 17 J. Marshall J. Computer & Info. L. 89 (1998), Vincent Chiappetta
UIC John Marshall Journal of Information Technology & Privacy Law
The last five years have witnessed a dramatic shift in the approach taken by the Court of Appeals for the Federal Circuit ("CAFC") and, under the CAFC's stern if somewhat incomplete guidance, the United States Patent and Trademark Office ("PTO") to the seemingly intractable problem of determining whether software inventions qualify as patentable subject matter under the United States patent laws. Beginning with a series of CAFC decisions in 1994 and culminating with the PTO's issuance of its Final Examination Guidelines for Computer-Related Inventions (the "Guidelines") in 1996, the paradigm shifted from a "mathematical algorithm" based analytic structure to an …
Examination Guidelines For Computer-Related Inventions, 17 J. Marshall J. Computer & Info. L. 311 (1998), The United States Patent And Trademark Office
Examination Guidelines For Computer-Related Inventions, 17 J. Marshall J. Computer & Info. L. 311 (1998), The United States Patent And Trademark Office
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin
The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Article 2b: An Introduction, 16 J. Marshall J. Computer & Info. L. 211 (1998), Raymond T. Nimmer
Article 2b: An Introduction, 16 J. Marshall J. Computer & Info. L. 211 (1998), Raymond T. Nimmer
UIC John Marshall Journal of Information Technology & Privacy Law
The United States was once the major producer of goods in the world. Today, the United States is the major consumer of goods. In addition, the United States is now the major developer and distributor of information such as software, content, news and entertainment. As a result of this new emphasis in information and services in the United States, Article 2B of the U.C.C. deals with transactions and subject matter that have never been covered by a U.C.C. There are many issues reflecting modern commerce. It is important for everyone to understand why an economy and commerce based on information …
Treatment Of Consumers Under Proposed U.C.C. Article 2b Licenses, 16 J. Marshall J. Computer & Info. L. 315 (1998), Mary Jo Howard Dively, Donald A. Cohn
Treatment Of Consumers Under Proposed U.C.C. Article 2b Licenses, 16 J. Marshall J. Computer & Info. L. 315 (1998), Mary Jo Howard Dively, Donald A. Cohn
UIC John Marshall Journal of Information Technology & Privacy Law
Various provisions in proposed U.C.C. Article 2B seek to increase the protection that is currently afforded to consumers. Generally, consumer law is made up of a series of default rules which operate in commercial settings. The default rules function in such a way as to free commercial entities from having to contract for every minor detail. However, default rules often function to the detriment of consumers because the consumer is not is a position to negotiate the provisions nor can they appreciate the ramifications of the default provisions. The purpose of the U.C.C. has been to provide default rules while …
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz
UIC John Marshall Journal of Information Technology & Privacy Law
Software publishers disclaim the implied warranty of merchantability because the repercussions of recognizing such warranties are unknown. The purpose underlying implied warranties of merchantability is to ensure that the consumer is receiving a product that meets a minimal standard of consumer expectation; however, this threshold is difficult to measure when attempting to measure consumer expectation of computer software. The proposed U.C.C. Article 2B seeks to remedy this problem by removing some of the ambiguity. The implied warranty of merchantability had its genesis in the English commodities markets. As an action in tort, the implied warranty of merchantability protected a buyer …