Law Commons^™

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

Articles

As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …

Copyright Law: Cases And Materials, Marshall A. Leaffer

Vanderbilt Law Review

Interest in copyright law is on the upswing. The reason is simple: copyright law, and more generally, intellectual property law, is the law for the information age. The subject touches not only the traditional concerns of artists, writers, and musicians, but also reaches the cable television and computer industries as well as future technologies not yet thought of. I predict course offerings on copyright and intellectual property law will proliferate. Before publication of Craig Joyce's Copyright Law, the growing market for copyright casebooks was already well served by three excellent and diverse works' that would satisfy all tastes and approaches …

K Mart Corporation V. Cartier, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Blanket Music Licensing And Local Television: An Historical Accident In Need Of Reform, Frederick C. Boucher

Washington and Lee Law Review

No abstract provided.

Trademark Law, Economics And Grey-Market Policy, Lars H. Liebeler

Indiana Law Journal

No abstract provided.

The New World Of Patents Created By The Court Of Appeals For The Federal Circuit, Martin J. Adelman

University of Michigan Journal of Law Reform

The purpose of this Article is to outline the creation of this new circuit and to analyze its position on several substantive issues. Part I discusses the origin and power of the Federal Circuit. Part II analyzes the court's recent decisions on the issues of nonobviousness, infringement, inequitable conduct, patent misuse, and jury trials. This Article concludes that the Federal Circuit has in general performed well, but there are areas of patent law that must be refined for the court to further its intended goals.

A Proposal To View Patent Claim Nonobviousness From The Policy Perspective Of Federal Rule Of Civil Procedure 52(A), Bradley G. Lane

University of Michigan Journal of Law Reform

This Note analyzes the scope of appellate review that should be accorded to a trial judge's determination of nonobviousness. Part I details the condition of nonobviousness and how it has evolved into the principal obstacle to patentability. Part II analyzes the Supreme Court and appellate precedents on the scope of review on this issue. Part III evaluates the policy underpinnings of Rule 52(a) and applies a two-pronged analysis to the nonobviousness requirement to determine whether the clearly erroneous standard of review is appropriate. This Note concludes that the treatment of the nonobviousness determination as a question of law cannot be …

Iv. Copyright, Patent & Trademark Law

Washington and Lee Law Review

No abstract provided.

California Art Preservation Act: Proving Actual Damages, Ronald T. Michioka

UC Law SF Communications and Entertainment Journal

California became the first state in the nation to statutorily recognize the personal rights of artists in their creations when it enacted section 987 of the California Civil Code. The California Art Preservation Act prohibits the alteration of a work of fine art by anyone other than its creator. In addition to other remedies, an aggrieved artist may seek to recover "actual damages" for an unauthorized alteration of his or her

work. Addressing the difficulty of proving actual damages, this Note discusses the types of proof of actual damages which are allowed in other torts which protect a person's reputation …

Consistency Over Time: The Fcc's Indecency Rerun, L. A. Powe Jr.

UC Law SF Communications and Entertainment Journal

The FCC reinvigorated the decade-old Pacifica indecency standard in a trio of cases involving Howard Stern's popular radio talk show, songs aired on a college station, and a play about two gays dying of AIDS who discuss their sexual fantasies over the phone that was aired on Pacifica's Los Angeles station. The trio maintains a surprising consistency with past commission behavior. First, it is the direct result of politics and the need to give the Republican right a victory. Second, it reestablishes what the original Pacifica action was meant to cover. Finally, it is yet another example of the belief …

Policy-Making At The Fowler Fcc: How Speeches Figured In, Daniel Brenner

UC Law SF Communications and Entertainment Journal

Part of the legacy of FCC Chairman Mark Fowler are the speeches in which he advocated his theory of deregulation. The author, Fowler's legal advisor and principal speech-writer, states his view of the Fowler chairmanship, indicating which speeches were intended, at least by those in office, to be the milestones of that period. He offers an appraisal of the successes and failures of the chairmanship. Additionally, he generalizes about the limits of the speech-making function at an administrative agency, given its responsibility to Congress.

If It Ain't Broke, Don't Fix It, John R. Worthington

UC Law SF Communications and Entertainment Journal

The author argues that the Department of Justice and the divested Bell Operating Companies are trying to persuade the divestiture court to do directly what the Dole Bill tried to accomplish indirectly, namely, eliminate the provisions of the AT&T consent decree which restrict those companies from entering lines of business in which they could abuse their bottleneck power. The author suggests that the Department's recommendations to remove these restrictions are fundamentally flawed and completely unprincipled - and that, furthermore, recent history and present realities show that federal regulators cannot prevent the anti-competitive abuses which the decree was crafted to prevent. …

Mfj: Judicial Overkill - Further Perspective And Response, Robert B. Mckenna, Ronald L. Slyter

UC Law SF Communications and Entertainment Journal

The authors postulated in Volume 9:1 of COMM/ENT that the line-ofbusiness restrictions imposed in the AT&T divestiture decree-which sharply limit the business activities in which the divested exchange carriers may operate-were based upon fundamentally flawed premises. In this rejoinder, the authors take issue with those who would oppose the rights of the regional holding companies to own non-telecommunications- related enterprises. The authors suggest that the regulators are fully capable of properly fulfilling their statutory tasks in areas where exchange carriers have market power, and that the United States Congress has the legislative and constitutional power to eliminate the consent decree's …

Freeing The Telephone Company Seven: The Justice Department Joins The Chorus, James P. Denvir

UC Law SF Communications and Entertainment Journal

In January of this year, the Department of Justice submitted to the United States District Court for the District of Columbia its recommendations concerning the line-of-business restrictions contained in the consent decree which was entered in U.S. v. AT&T. The Department recommended that restrictions on information services and manufacturing be lifted entirely and that the inter-exchange service restrictions be modified. The author discusses the marked departure from earlier positions of the Justice Department that these recommendations represent. The rationale for the Justice Department's change in position, as well as anticipated difficulties the Department would likely encounter in persuading the court …

Congress And The Federal Communications Commission: The Continuing Contest For Power, Harry M. Shooshan Iii, Erwin G. Krasnow

UC Law SF Communications and Entertainment Journal

This article discusses the changing relationship between Congress and the Federal Communications Commission. The authors suggest that the Commission's status as an independent agency has been eroded by the emergence of a new system of checks and balances imposed by Congress. The use of riders on appropriations bills and the enactment of statutory moratoriums have served to increase Congressional involvement in, and control over, Commission decision-making. After discussing specific examples of how these new tools of legislative oversight have affected major Commission decisions, the authors conclude that the challenge for the Commission in the future will be to learn from …

Cameras In The Courtroom: A First Amendment Right Of Access, Richard H. Frank

UC Law SF Communications and Entertainment Journal

In Westmoreland v. Columbia Broadcasting System, Inc., the U.S. Court of Appeals for the Second Circuit held that a per se ban on television access to a federal courtroom does not violate the first amendment to the U.S. Constitution. The author asserts that Westmoreland and two similar courts of appeal decisions upholding absolute prohibition of electronic access to judicial proceedings are indefensible under recent U.S. Supreme Court decisions such as Chandler v. Florida and the Richmond Newspapers, Inc. v. Virginia line of cases. The author details the widespread success of television access to courtrooms in over eighty percent of the …

Constitutional Struggle Over Telecommunications Regulation, Rita M. Cain

UC Law SF Communications and Entertainment Journal

For almost two decades, federal telecommunications regulators had preempted state telecommunications regulations based on the supremacy of federal policy. The federal courts consistently upheld this federal exercise of power. This article examines that trend and the recent Supreme Court decision that abruptly reversed the trend, Louisiana Public-Service Commission v. FCC. The immediate and substantial impact of that decision is examined and, in some cases, questioned.

West V. Mead Data Central: Has Copyright Protection Been Stretched Too Far, Thomas P. Higgins

UC Law SF Communications and Entertainment Journal

The Eighth Circuit recently held that Mead Data Central infringed West Publishing's copyright by using page numbers from West's case reporters in its computer-assisted legal research system, LEXIS. Mead Data Central intended to insert West's page numbers in its case database so that LEXIS users could have pinpoint citations to pages in West's case reporters. The author examines the opinion in detail, concluding that the court's decision stretched copyright protection too far. The author maintains that the unfortunate result of West Publishing Co. v. Mead Data Central should be changed through judicial action or legislative amendment to the Copyright Act. …

United States Regulation Of Transborder Speech, Stephen R. Barnett

UC Law SF Communications and Entertainment Journal

Regulation of transborder speech - speech flowing into or out of the country - is a relatively neglected subject that now appears to be attracting increased attention in American law. This article presents a survey and commentary on United States laws regulating transborder speech. Its many topics include ideological restrictions on visitors' visas, regulation of "political propaganda" distributed by foreign agents in the United States, government certification of "educational" films for dutyfree circulation abroad, and restrictions on the reception of television programming from foreign communications satellites for purposes of home viewing, university study, or retransmission by American news organizations. The …

The Works Made For Hire Doctrine And The Employee/Independent Contractor Dichotomy: The Need For Congressional Clarification, Bennett J. Fidlow

UC Law SF Communications and Entertainment Journal

The author examines the "works made for hire" doctrine and the confusion that has arisen in the federal courts over it. The author reviews the development of the doctrine and recent case law interpreting its codification in the 1976 Copyright Act. He concludes that, although the U.S. Supreme Court may render a decision on the doctrine, Congresional legislation would be the best course for its clarification.

The Federal Communications Commission 1981-1987: What The Chairman Said, Mark S. Fowler

UC Law SF Communications and Entertainment Journal

Speeches of Mark Fowler-Chairman of the Federal Communications Commission from 1981-1987-are edited and arranged according to subject matter. The speeches represent Fowler's vision for the FCC during his tenure. They may serve as a useful research tool for scholars and practitioners in the communications field.

Visual Arts And The Law: A Bibliography, Part I, Gail I. Winson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Masking Copyright Decisionmaking: The Meaninglessness Of Substantial Similarity, Amy B. Cohen

Faculty Scholarship

Traditionally courts have place great weight on the issue of substantial similarity in adjudicating copyright infringement lawsuits. Once success is proven, a court will usually find infringement if the works are viscerally determined to be substantially similar. This Article criticizes the traditional approach as failing adequately to distinguish copying from misappropriation, failing adequately to distinguish ideas from expression, failing to provide adequate guidelines for determining misappropriation, and as overlapping with fair use determinations. The Article also criticizes variations on the traditional approach imposed by the Third and Ninth Circuit Courts of Appeal as not remedying the traditional approach's fundamental shortcomings. …

The Impact Of Digital Technology On Copyright Law, 8 Computer L.J. 1 (1987), Eric Fleischmann

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Copyright Protection For Computer Software In Israel, 8 Computer L.J. 23 (1987), Barry Levenfeld

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Bankruptcy Code, The Copyright Act, And Transactions In Computer Software, 7 Computer L.J. 327 (1987), Thomas M.S. Hemnes, Susan Barbieri Montgomery

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Dun & Bradstreet, Hepps, And Liberty Lobby: New Analytic Primer On The Future Course Of Defamation, Rodney A. Smolla

Scholarly Articles

Not available.

Copyright, Compromise And Legislative History, Jessica D. Litman

Articles

Copyright law gives authors a "property right." But what kind of property right? Indeed, a property right in what? The answers to these questions should be apparent from a perusal of title seventeen of the United States Code-the statute that confers the "property" right.' Courts, however, have apparently found title seventeen an unhelpful guide. For the most part, they look elsewhere for answers, relying primarily on prior courts' constructions of an earlier and very different statute on the same subject. 2

The Fcc Under Mark Fowler: A Mixed Bag, Henry Geller

UC Law SF Communications and Entertainment Journal

The FCC's performance under Chairman Mark Fowler (1981-87) calls for a mixed verdict, in the author's estimate. Fowler's reliance on competition, the marketplace, and deregulation, fit the common carrier area, but ill served the present public interest standard of the Communications Act in the broadcast field. This article assesses FCC activities in this period in the above two fields, and also in the cable television and spectrum areas.

Celebrity Endorsement: Recognition Of A Duty, 21 J. Marshall L. Rev. 47 (1987), Jay S. Kogan

UIC Law Review

No abstract provided.