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2000

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Johnny Can Read, But Can He "Surf"? Harmonizing Copyright Law And Internet Ethics, Simone A. Rose Jan 2000

Johnny Can Read, But Can He "Surf"? Harmonizing Copyright Law And Internet Ethics, Simone A. Rose

Minnesota Journal of Law, Science & Technology

No abstract provided.


Title Match: Jesse Ventura And The Right Of Publicity Vs. The Public And The First Amendment, Erin Skold Jan 2000

Title Match: Jesse Ventura And The Right Of Publicity Vs. The Public And The First Amendment, Erin Skold

Minnesota Journal of Law, Science & Technology

No abstract provided.


Product Configuration Trade Dress And Abercrombie: Analysis Of Ashley Furniture Industries, Inc. V. Sangiacomo N.A. Ltd., Rohit A. Sabnis Jan 2000

Product Configuration Trade Dress And Abercrombie: Analysis Of Ashley Furniture Industries, Inc. V. Sangiacomo N.A. Ltd., Rohit A. Sabnis

Minnesota Journal of Law, Science & Technology

No abstract provided.


Columbia, New Hampshire Annual Report, Year Ending December 31, 1999., Columbia Town Representatives Jan 2000

Columbia, New Hampshire Annual Report, Year Ending December 31, 1999., Columbia Town Representatives

Columbia, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


Acute Gaba-A Receptor Modulation By Diazepam Following Traumatic Brain Injury In The Rat: An Immunohistochemical Study, Cynthia J. Gibson Jan 2000

Acute Gaba-A Receptor Modulation By Diazepam Following Traumatic Brain Injury In The Rat: An Immunohistochemical Study, Cynthia J. Gibson

Theses and Dissertations

Traumatic brain injury (TBI) disrupts ionic balance and produces acute widespread depolarization. Restoration of ionic balance and neuronal function after TBI may be achieved by increasing inhibitory neurotransmission (e.g., stimulating GABA-A receptors). This study used antibodies specific for β2/3 subunits to examine changes in GABA-A receptors in the rat hippocampus 24 hours following moderate fluid percussion TBI. The β2/ 3 antibody primarily stained dendritic processes. No injury related changes were found in the CA1 but extensive morphological dendritic alterations were found in the CA3 region of the hippocampus. Analysis revealed decreased length of immunoreactive processes in CA3 apical dendrites of …


A Call For Comment: Restyling And Amending The Federal Rules Of Criminal Procedure, David A. Schlueter Jan 2000

A Call For Comment: Restyling And Amending The Federal Rules Of Criminal Procedure, David A. Schlueter

Faculty Articles

In August 2000, the Judicial Conference’s Committee on Rules of Practice and Procedure published—for public comment—proposed amendments to the entire set of Federal Rules of Criminal Procedure. The proposals mark the culmination of a two-year project to “restyle” the rules—to modernize and reorganize and to make them internally consistent in format and style. Not since the rules were first promulgated in 1946 has there been such a significant change in the structure, format, and substance. This article first addresses the rule-making process for the Federal Rules of Criminal Procedure, and then examines the restyling process. Finally, it notes several of …


233rd Annual Report Of The Selectmen And Other Town Officers, Cornish, New Hampshire, Year Ending December 31, 1999., Cornish Town Representatives Jan 2000

233rd Annual Report Of The Selectmen And Other Town Officers, Cornish, New Hampshire, Year Ending December 31, 1999., Cornish Town Representatives

Cornish, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


Ride-Alongs, Paparazzi, And Other Media Threats To Privacy, Robert M. O'Neil Jan 2000

Ride-Alongs, Paparazzi, And Other Media Threats To Privacy, Robert M. O'Neil

University of Richmond Law Review

When the Supreme Court first addressed the status of "ride- alongs" in late May of this year, the role of the news media could have been treated in any of several ways. The law enforcement officers, who were sued for invasion of privacy because they invited reporters to accompany them while serving an arrest warrant in a private home, offered several extenuations. The presence of journalists, they argued, would provide direct information to the general public about important news events. Moreover, reporters who took part in the arrest could, in a sense, keep the police honest, or at least make …


I Spy: The Newsgatherer Under Cover, Diane Leenheer Zimmerman Jan 2000

I Spy: The Newsgatherer Under Cover, Diane Leenheer Zimmerman

University of Richmond Law Review

Hysteria about the press, like the flu, breaks out periodically, and when it does, few of us are better off for having lived through the experience. We are currently on what I sincerely hope will prove to be the receding edge of the latest epidemic ofpublic outrage about the press, and, as usual, the frenzied state has not brought out the best in either the media or its critics.


The Law Professor As Populist, Mark A. Graber Jan 2000

The Law Professor As Populist, Mark A. Graber

University of Richmond Law Review

A new populism is taking root in the strangest soil, American law schools. Tocqueville regarded "the profession of law" as an "aristocratic element," "a sort of privileged body in the scale of intellect." Lawyers, he observed, belonged to "thehighest political class," and routinely developed "some of the tastes and habits of aristocracy." During the 1990s, however, bold challenges to elite rule in the name ofpopular majoritarianism were issued by distinguished professors and chair holders at the most prestigious law schools in the United States. Such leading jurists as Richard Parker, Jack Balkin, Akbil Reed Amar, Sanford Levinson, and Mark Tushnet …


Herbert Wechsler's Complaint And The Revival Of Grand Constitutional Theory, Keith E. Whittington Jan 2000

Herbert Wechsler's Complaint And The Revival Of Grand Constitutional Theory, Keith E. Whittington

University of Richmond Law Review

In 1988, Mark Tushnet noted the "revival of grand theory in constitutional law." Tushnet was somewhat unusual in specifying the object of contemporary constitutional theory so precisely. As he noted, what had been revived in the late twentieth century was an "interest in comprehensive normative theories of constitutional law." There was relatively little broad concern with constitutionalism in this revival, but quite a lot of concern with justifying and elaborating the preferred constitutional decisions of the Supreme Court in specific cases. Having "just published a book on constitutional theory that I unsurprisingly but undoubtedly erroneously regard as the last word …


Annual Survey Of Virginia Law: Corporate And Business Law, Peter E. Broadbent Jr., John E. Russell Jan 2000

Annual Survey Of Virginia Law: Corporate And Business Law, Peter E. Broadbent Jr., John E. Russell

University of Richmond Law Review

Virginia corporate and business law changes in the last year continue to challenge the practitioner to stay abreast of such developments in order to provide accurate advice to clients. This article summarizes the developments in the law in Virginia occurring from June 1999 through May 2000, with the legislative changes described based on Virginia General Assembly action in the 2000 session. Part II examines those legislative changes in corporate and business law (excluding public service corporation/public utility law issues). While many of the legislative changes are not significant, three new uniform laws (revised Article 9 of the Uniform Commercial Code …


Annual Survey Of Virginia Law: Insurance Law, Terrence L. Graves, J. Douglas Cuthbertson Jan 2000

Annual Survey Of Virginia Law: Insurance Law, Terrence L. Graves, J. Douglas Cuthbertson

University of Richmond Law Review

This article reviews the changes in Virginia insurance law that have occurred in the past two years. Most of the developments have been in motor vehicle liability and uninsured/underinsured motorist ("VM/UIM") coverage. But the article also surveys cases on bad faith, fire insurance, insurance regulation, life insurance, motor vehicle medical expense insurance, and waiver and estoppel.


Annual Survey Of Virginia Law: Property Law, Michael V. Hernandez Jan 2000

Annual Survey Of Virginia Law: Property Law, Michael V. Hernandez

University of Richmond Law Review

This article surveys judicial and legislative developments in Virginia property law since the last Survey article on this topic was published, with primary emphasis on developments from June 1, 1998 to June 1, 2000. Although there were interesting developments in several areas of property law, the most important developments arose in the Supreme Court of Virginia's decisions involving covenants, servitudes, and easements. A significant portion of this article will explain and analyze those decisions.


Annual Survey Of Virginia Law: Technology Law, John S. Jung Jan 2000

Annual Survey Of Virginia Law: Technology Law, John S. Jung

University of Richmond Law Review

During the 2000 Session, the General Assembly considered eighty-one technology related bills, forty of which were enacted. This article summarizes the more significant technology bills enacted during this session. One of these bills, House Bill 719,1 enlarged the Joint Commission on Technology and Science ("JCOTS"). The 1997 Virginia General Assembly created JCOTS aas a permanent legislative agency" to "generally study all aspects of technology and science and endeavor to stimulate, encourage, promote, and assist in the development of technology and science in the Commonwealth and sound public policies related thereto." JCOTS, which originally consisted of nine legislators-five delegates and four …


Masthead Jan 2000

Masthead

Richmond Journal of Law & Technology

No abstract provided.


The Y2k Problem: Proposed Statute To Guide Triers Of Fact In Determinations Of Negligence, William D. Horgan Jan 2000

The Y2k Problem: Proposed Statute To Guide Triers Of Fact In Determinations Of Negligence, William D. Horgan

Richmond Journal of Law & Technology

Following the coming new year, the Y2K Problem will create problems worldwide. While the exact extent of its harm is open to debate, there is no disagreement over its inevitability. In fact, some computer-related companies (including the makers of Norton Anti-Virus and Quicken for Windows have already been sued for damages arising from allegedly non-Y2K-compliant products. While various actors at all levels of business and government will be subject to legal liability for such malfunctions, this article will examine the legal liability of software producers and engineers under current remedial theories. Software manufacturers are a logical choice for this examination …


You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker Jan 2000

You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker

Richmond Journal of Law & Technology

Once a small and diverse community of a handful of government computers, the Internet has expanded to an estimated 157 million users worldwide. According to current studies, the fastest growing user populations on the Internet are thirteen to eighteen year-olds and five to twelve year-olds. In addition, the latest "research . . . predicts that the number of children online [will increase] by 155% between 1998 and 2002."


Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono Jan 2000

Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono

Richmond Journal of Law & Technology

Any online service provider ("OSP"), including a website operator, that accepts user postings or includes content from other parties on its website or online service is at risk that it will be held liable if such third-party content infringes the copyright of another party. Liability for copyright infringement is an expensive proposition and can run into the millions of dollars. Thus, an OSP must be vigilant in limiting its potential liability in connection with such third-party content.


One Professor's Approach To Increasing Technology Use In Legal Education, Shelley Ross Saxer Jan 2000

One Professor's Approach To Increasing Technology Use In Legal Education, Shelley Ross Saxer

Richmond Journal of Law & Technology

Legal educators must increase the use of technology in legal education today Although some legal educators may disagree vehemently with this statement, most have accepted the fact that technology has and will become an even greater part of the fabric of our learning institutions. Students in kindergarten spend some portion of their week in the computer lab. By the time kids reach their middle- and high-school years, many are well-versed in word processing programs, e-mail, and surfing the Internet. Elementary school teachers are trained and encouraged to use multi-media software, the Internet, and other technology in their classrooms because not …


Masthead Jan 2000

Masthead

Richmond Journal of Law & Technology

No abstract provided.


The Crime Of "Interruption Of Computer Services To Authorized Users" Have You Ever Heard Of It?, Jeff Nemerofsky Jan 2000

The Crime Of "Interruption Of Computer Services To Authorized Users" Have You Ever Heard Of It?, Jeff Nemerofsky

Richmond Journal of Law & Technology

The "interruption of computer services to authorized users," involves a violation of a series of federal and state computer-related crime laws which are designed to protect the authorized users of computer systems.Because most of these laws have only recently been legislated, and since few people have ever actually been charged with such violations, there is very little history or case law in this area. However, as computer-related crimes continue to escalate, these statutes could prove to be a positive force in efforts to catch the electronic criminals of the future. "Although there has never been accurate nationwide reporting of computer …


Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor Jan 2000

Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor

Richmond Journal of Law & Technology

"The creation and rapid growth of the Internet have been 'hailed' [as] one of the greatest technological advances in recent history,” remarked one scholar of Internet law and jurisdiction. The Ninth Circuit Court of Appeals characterizes the Internet as "a global network of interconnected computers allow[ing] individuals and organizations around the world to communicate with one another." It is, therefore, not surprising that the Internet impacts every aspect of our daily lives. The Web is the fastest growing part of the Internet, and thus, an important mechanism for commerce. Authors Joseph Zammit and Lynette Herscha explain, "[t]he rapid growth in …


Dna Fingerprinting - Justifying The Special Need For The Fourth Amendment's Intrusion Into The Zone Of Privacy, Deborah F. Barfield Jan 2000

Dna Fingerprinting - Justifying The Special Need For The Fourth Amendment's Intrusion Into The Zone Of Privacy, Deborah F. Barfield

Richmond Journal of Law & Technology

The Fourth Amendment prohibits the government from conducting unreasonable searches and seizures.When claims arise against the government's Fourth Amendment transgressions, usually those claims turn on interpretation of the term "reasonable." Traditionally, a search and seizure conducted under the authority of a judicial warrant for "probable cause" is unquestionably reasonable.In some, albeit very limited, types of searches reasonableness is met with at least "individualized suspicion."When searches intrude into the human body, however, they implicate a person's most deep-rooted expectation of privacy - the right to be left alone.


Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii Jan 2000

Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii

Richmond Journal of Law & Technology

The United States Patent and Trademark Office (the "PTO") is one of the oldest agencies in the American administrative system. Throughout the history of the United States Court of Appeals for the Federal Circuit ("Federal Circuit") and its predecessor courts, the factual decisions of the PTO administrative boards have been reviewed by the same standard that is applied to decisions of district courts. The standard that has been used is the "clearly erroneous" standard, and its use to review PTO decisions dates back over one hundred years.


Riaa V. Diamond Multimedia Systems: The Recording Industry Attempts To Slow The Mp3 Revolution, Taking Aim At The Jogger Friendly Diamond Rio, Stephen W. Webb Jan 2000

Riaa V. Diamond Multimedia Systems: The Recording Industry Attempts To Slow The Mp3 Revolution, Taking Aim At The Jogger Friendly Diamond Rio, Stephen W. Webb

Richmond Journal of Law & Technology

The music industry may never be the same again. In recent years, the recording industry has faced an onslaught of advances resulting from digital technology. The record industry has battled the manufacturing and import industries over digital home recording since the 1980's. Digital technology initially manifested itself with the compact disc ("CD") and the digital audio tape ("DAT") in the early 1980's and generated greater tensions between the recording, electronics, and computer industries.


Letter From The Editor, Dharmesh Vashee Jan 2000

Letter From The Editor, Dharmesh Vashee

Richmond Journal of Law & Technology

Welcome to the second issue of The Richmond Journal of Law and Technology's seventh publication term. As we near the halfway point of this term, the Journal is stronger than ever. Our continued growth and success is due in large part to the dedication of our staff and Editorial Board. This year we will publish four issues and will hold a symposium on the soon-to-be-enacted Uniform Computer Information Transactions Act ("UCITA"). The symposium will be held on March 2, 2001. Registration for and information on the symposium will be available on our website soon.


Business Method Patents, John J. Love Jan 2000

Business Method Patents, John J. Love

Richmond Journal of Law & Technology

Good morning, it's a pleasure to be here alive. We just participated in the daily road race from Washington to Richmond that many of you do every day. The first question I've been asked to deal with is why do we have patents? Of course we're very proud of fact that the PTO's origins date back the Constitution itself. In Article I Section 8 of the Constitution, the framers specifically gave Congress the power to grant inventors, for a limited time, the exclusive right to their inventions. So this is not a product of the industrial revolution but dates back …


Consumer Privacy, James M. Mccauley Jan 2000

Consumer Privacy, James M. Mccauley

Richmond Journal of Law & Technology

Pretty scary. This whole business of technology and privacy. I don't know about you but it makes me think about that John Grimes song where he wanted to blow up the TV, throw away the paper, and move to the country. I think that there are probably some things that we can do and that we cannot do. One of the things that comes to mind in listening to my colleagues talk about the shutdown of the dotcoms, last year Congress overhauled the 65 year prohibition against insurance companies not being permitted to get involved in financial services and banking. …


Consumer Privacy On The Internet, Andrew Shen Jan 2000

Consumer Privacy On The Internet, Andrew Shen

Richmond Journal of Law & Technology

If we do not bear the loss of this privacy then the prices would be passed along to consumers anyway. We're between a rock and a hard place there's nowhere that we can go. But I think we can be more optimistic than that and I think we can preserve privacy and I think we can further growth of electronic commerce. So let me begin with the consumer perspective. I would like to start with a trend that Mike has already done a good job of starting us out on, and that is the current popularity of personalization and customization. …