Digital Commons Network^™

Telecommunications Law: Open Access To Cable Broadband Transmission: At&T Corp. V. City Of Portland, 216 F.3d 871 (9th Cir. 2000), Deborah L. Lively

Computer Law Review and Technology Journal

In AT&T Corp. v. City of Portland, the Ninth Circuit considered whether a local cable franchising authority could condition the transfer of a cable franchise upon the cable operator's grant of unrestricted access to its cable broadband transmission facilities.

In 1998, AT&T - the nation's largest long-distance telephone provider - proposed a merger with Telecommunications, Inc. ("TCI"), which was among the nation's largest cable-television operators. In the merger, AT&T received access to TCI's cable broadband transmission system as a conduit for AT&T's "@Home" Internet service. A cable broadband system provides Internet access at much faster speeds than through typical modem …

Business-Method Patents: Of Questionable Validity? - Amazon.Com, Inc. V. Barnesandnoble.Com, Inc., 239 F.3d 1343 (Fed. Cir. 2001), Chris Morton

Computer Law Review and Technology Journal

In 1998, in State Street Bank & Trust Co. v. Signature Financial Group, Inc., the Federal Circuit gave new life to the business-method patent. Critics viewed this decision as a judicially created exception to the statutory requirement ofpatentable subject matter. Uncertainty under the State Street ruling led to the issuance of a flood of widely criticized and questionable patents, including Amazon.com's one-click-purchase patent. In an attempt to enforce this patent, Amazon.com sued Barnesandnoble.com, and the trial court granted a preliminary injunction. Bamesandnoble.com appealed, claiming that the one-click-purchase patent was invalid because it failed to meet the statutory requirements of …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Adequacy Of The 1995 Antitrust Guidelines For The Licensing Of Intellectual Property In Complex High-Tech Markets, Clovia Hamilton

Computer Law Review and Technology Journal

In 1995, the Department of Justice and the Federal Trade Commission adopted new guidelines for those wishing to license intellectual property rights without violating antitrust laws. Designed to provide clarity, these guidelines instead breed confusion because they misunderstand the nature of intellectual property markets and provide insufficient guidance in the most difficult areas. Section I of this article will discuss the basic provisions of the guidelines, especially their treatment of "innovation markets." It argues that government enforcers should focus primarily on activity that creates entry barriers. Understanding the use and misuse of licensing is the key to analyzing barriers in …

Packet Sniffers And Privacy: Why The No-Suspicion-Required Standard In The Usa Patriot Act Is Unconstitutional, Robert Berkowitz

Computer Law Review and Technology Journal

The legal standards for electronic surveillance, like the underlying technologies themselves, are constantly evolving. Originally aimed at analog telephones with landlines, the law has had to develop in order to deal with an expanding array of electronic communications, most recently the Internet. The challenge is a double one: statutes allowing surveillance must balance law enforcement's need for information with the privacy rights of the subjects of surveillance and the public at large. The USA Patriot Act, passed in the wake of the terrorist attacks on New York City and Washington, D.C., is the most recent attempt to strike this balance. …

Drafting Licenses To Guide Whether Potential Disputes Lie In Contract Or Infringement, Edwin E. Richards

Computer Law Review and Technology Journal

A contract draftsperson has many questions to consider when a client decides to license her intellectual property rights to another party. What rights should be assigned or licensed? What should the duration of the license be? What should the royalties be and when and how will they be calculated?, What law should govern? The contract draftsperson must also probe further and confront a very "murky" area when attempting to craft the agreement-he must ensure that the licensing contract will not ultimately bar the client from gaining access to federal court to raise an infringement claim. The draftsperson must anticipate the …

Hyperlinks To And From Commercial Websites, Christopher J. Volkmer

Computer Law Review and Technology Journal

E-commerce, through the use of a website, is a business reality. This is true for companies of any size, in any location, selling any kind of product or service. Doing business over the Internet is part of what all companies must do to compete; with this new form of business, however, comes new legal issues. As e-commerce develops, it is important for business owners to keep advancing their knowledge in order to manage the risks that come with new opportunities.

Hyperlinks are basic building blocks used to connect the sites of the World Wide Web, and their use has significant …

Copyright Act Of 1976 - Copyright Infringement - Supreme Court Holds That The Selling Of Freelance Authors' Articles By Print Publishers To Electronic Publishers Constitutes Copyright Infringement. New York Times Co. V. Tasini, 533 U.S. 483 (2001), S. Brock Benson

Computer Law Review and Technology Journal

In New York Times Co. v. Tasini, the Supreme Court decided the issue of whether the selling to electronic publishers of articles in collective works without permission from the freelance authors was permissible under § 201 (c) of the Copyright Act. In earlier proceedings, the United States District Court for the Southern District of New York granted summary judgment for the publishers, holding that the publishers were entitled to place contents of their periodicals into electronic databases without the permission of the authors whose works appeared in the periodicals. The Court of Appeals for the Second Circuit, however, reversed …

Barely At The Margins: Race And Ethnicity In Legal Education -- A Curricular Study With Latcritical Commentary, Francisco Valdes

Articles

No abstract provided.

Rebuilding Afghanistan, Janet Stearns

Articles

The calls to service now are global and diverse, but so are we.
In a previous article in this Journal, I wrote that many of us practicing in the field of housing and community development law had adopted a "myopic" view of the world. At that time, I urged colleagues to consider the problems of growth management facing urban centers around the globe. I concluded that "[n]ow is the time for us to join the global community in the struggle for more decent affordable housing and more sustainable urban development for all people."
The tragic events of September 11 forced …

Acute Myeloid Leukemia In Children In Pakistan: An Audit, S. Zaki, I. A. Burney, Mohammad Khurshid

Section of Haematology/Oncology

Objective: To see the clinical features and treatment of children with Acute Myeloid Leukemia (AML) in Pakistan. Setting: Tertiary referral at a specialist Hematology/Oncology center.
Methods: Retrospective, chart-based review of children (less than 14 years) admitted to the hospital with a diagnosis of AML between January 1987 and August 1997.
Results: A total of 23 patients were admitted. There were 18 males and 5 females. The mean age was 8 5 years. M3 was the commonest morphological subtype (43%). Twenty- two percent of the patients presented with hyperleucocytosis (TLC> 100 x i09 /L) and 95% with an elevated …

Emotional Competence, Multicultural Lawyering And Race, Marjorie A. Silver

Scholarly Works

No abstract provided.

Lawyers, Non-Lawyers And Mediation: Rethinking The Professional Monopoly From A Problem-Solving Perspective , Jacqueline Nolan-Haley

Faculty Scholarship

Mediation is a big business today that is practiced by lawyers and non-lawyers, and is closely related to the business of law. Lawyers have a long-standing monopoly on the law business and do not look favorably on sharing their power with nonlawyers. This phenomenon is odd because it occurs at the same time that the legal profession is beginning to embrace a new ethic of problem-solving that honors the values of collaboration and power-sharing among professionals in multiple disciplines. Lawyers protect their professional monopoly through the unauthorized practice of law ("UPL") doctrine that limits the practice of law to licensed …

The Most Dangerous Branch, Martin S. Flaherty

Faculty Scholarship

No abstract provided.

On The Path To Inclusion, John D. Feerick

Faculty Scholarship

It is an honor for me to be invited to address you at this Annual Luncheon. You have worked hard to bring opportunities to members of the minority community. You have made possible the realization of many aspirations while continuing the struggle toward equal opportunity for all people.* Thirty-nine years ago, Martin Luther King, Jr., spoke to the soul of the nation, sharing his vision of an America that would "one day...rise up and live out the true meaning of its creed-'We hold these truths to be self evident, that all [persons] are created equal." His idea and the opportunity …

The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Times may or may not be changing for gay people in the criminal justice system--and for the import of sexual orientation in criminal law. It depends on the nature of the case and, more importantly, exactly whose sexual orientation we are talking about.

Signs of positive change include the recent high profile Matthew Shepard and Diane Whipple cases, in which gay and lesbian homicide victims were mourned not only by the gay community, but also by the entire country. It was no doubt helpful that both Shepard and Whipple presented very appealing images of gay people: each was young, attractive, …

Celebrating The 200th Anniversary Of The Federal Courts Of The District Of Columbia, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

February 27, 2001 marked the 200th anniversary of the Federal Courts of the District of Columbia, the courts we know today as the United States District Court for the District of Columbia and the United States Court of Appeals for the District of Columbia. The history of these courts is interesting, albeit somewhat confusing; their names changed no fewer than six times since their creation. Indeed, from 1863 until 1893, the two courts were joined and called the Supreme Court of the District of Columbia. Because of their location in the nation's capital and their unusual dual jurisdiction as both …

Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In these comments I suggest that in our current world, both international and domestic, practicing "in the interests of justice" includes-indeed, should give great priority to-the "peace-seeking" and "problem solving" aspects of lawyering. I continue to see this as counter-cultural to the more common practices of lawyers who are argumentative, persuasive and articulate debaters, who believe fervently and vigorously that seeking justice, on behalf of a client or cause, means advocating for and "winning" a legal claim. To the contrary, seeking peace for parties (and, indeed, nation-states) in conflict, searching for consensus solutions to seemingly intractable public policy and legal …

A Tribute To Paul Szasz, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

Throughout the world, Paul Szasz has garnered everyone's respect for his intellect, his uncompromising integrity, his innate sense of fairness, and his dedication. Paul treated everyone the same, whatever the nationality. He passionately believed in international law. Even in the last 20 months when he was ill, he continued to live and breathe the life of international law, flying repeatedly to Geneva, to Rio, to The Hague, to California, and elsewhere to advise on international negotiations for a framework convention to control tobacco or to present a paper. Paul was an inspiration to people around the world, young and old. …

Perceptions About The Wto Trade Institutions, John H. Jackson

Georgetown Law Faculty Publications and Other Works

This article, based on a lecture given at the inauguration ceremony for the new Advisory Centre on WTO Law, describes the broader world trading landscape into which this new Centre emerges. Taking into account the possible implications of the events on September 11, this article provides a brief analysis of the current trade policy climate, asserting the necessity of institutions for the successful functioning of markets. After a short institutional history of the GATT/WTO, the author describes the importance of institutional rules, treaty text, and practice for the success of the WTO and presents the current debate over what the …

The Determination Of Thermal Annealing Effect On A-Si:H Films Coated On Glass And On Single Crystalline Of Silicon, Necmi̇ Seri̇n, Tülay Seri̇n, Ali̇ Riza Özdemi̇r, Bora Alkan, Çeli̇k Tarimci, Basri̇ Ünal

Turkish Journal of Physics

The aim of this study was to examine the effect of thermal annealing on hydrogenated intrinsic amorphous silicon a-Si:H films. Hydrogenated intrinsic amorphous films were seperately coated on glass and single cyrstalline silicon substrates by means of d.c. magnetron sputtering technique. a-Si:H/glass and a-Si:H/c-Si samples were annealed in the temperature range of 23-250^oC, 23-200^oC and 600-1050^oC, respectively. The effect of annealing on the a-Si:H films were examined by means of Infrared vibrational transmittance spectrum technique (IR) in the wavenumber range 4000-400 cm^{-1} and Scanning Electron Microsope (SEM). The results were interpreted in terms of hydrogen diffusion.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Tsl-Epr Correlation Study Of Lapo_4 : Ce, Tb, B. S. Chakrabarty, K. V. R. Murthy, T. R. Joshi

Turkish Journal of Physics

Gamma irradiated TSL glow curves of laboratory made phosphor samples of LaPO_{4}:Ce, Tb exhibited one intense peak around 408 K and two smaller peaks around 508 K and 613 K. The spectrum of the first glow peak gives spectral peaks around 480 nm and 540 nm, which can be attributed to the thermal destruction of F^{++} centres and PO_4^{2-} radicals. The luminescense centre has been thought to be Cerium and Terbium ions. The glow peak around 413 K for UV irradiated samples has been attributed to aggregates of dopant ions. The photoluminescence study of the samples exhibited one intense peak …

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

1,25-Dihydroxyvitamin D3 Is A Negative Endocrine Regulator Of The Renin-Angiotensin System, Yan Chun Li, Juan Kong, Minjie Wei, Zhou-Feng Chen, Shu Q. Liu, Li-Ping Cao

Open Access Publications

No abstract provided.

The Cardiac Phenotype Induced By Pparα Overexpression Mimics That Caused By Diabetes Mellitus, Brian N. Finck, John J. Lehman, Teresa C. Leone, Michael J. Welch, Michael J. Bennett, Attila Kovacs, Xianlin Han, Richard W. Gross, Ray Kozak, Gary D. Lopaschuk, Daniel P. Kelly

Open Access Publications

No abstract provided.