Law Commons^™

In Re Mastercard International, Inc.: The Inapplicability Of The Wire Act To Tradistional Casino-Style Games, 20 J. Marshall J. Computer & Info. L. 445 (2002), Elizabeth A. Walsh

UIC John Marshall Journal of Information Technology & Privacy Law

Using the online gambling and gaming as the background, the author discusses the impact of the Wire Communications Act of 1961 and the Racketeer Influenced and Corrupt Organizations Act (RICO) on the gaming industry. The story goes like this: Bob stumbled upon an online gambling Web site. While excited, he charges his credit card to open a gambling account with the site. He did not need to leave home to enjoy this great adventure. However, when the luck runs out, Bob realizes he has $3,000 in debt. Unwilling to pay, Bob decides to sue someone. In the end, Bob decides …

Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey

UIC John Marshall Journal of Information Technology & Privacy Law

As a result of an unprecedented congestion of its Internet and mobile phone communications, many technocrats in Vietnam trace such problems to government policy driven by security concerns. Therefore, the author in this article analyzes Vietnam's regulatory response to Internet technology. The author first discusses the historical background of Vietnam's management and regulatory policy over the Internet. He argues that the policy is essentially the result of socialist assumptions of the state's dominant role in the country's economic growth. Under its 1997 decree regarding Internet usage, the General Director of the General Postal Bureau has the exclusive authority and primary …

A Digital Free Trade Zone And Necessarily-Regulated Self-Governance For Electronic Commerce: The World Trade Organization, International Law, And Classical Liberalism In Cyberspace, 20 J. Marshall J. Computer & Info. L. 595 (2002), Kristi L. Bergemann

UIC John Marshall Journal of Information Technology & Privacy Law

In the absence of a world government, cross border trade is always subject to rules that must be politically negotiated among nations that are sovereign in their own realm but not outside their borders. The author explores the development of an international trade and e-commerce paradigm in two main phases as the Internet superhighway bridges nations together. She argues that the construction of an international trading framework must strike the appropriate balance between institutional order and norms and the human and business realities of free trade and democracy. She further argues that the balance can be achieved by creating an …

One Man's Trash Is Another Man's Treasure, Bioprospecting: Protecting The Rights And Interests Of Human Donors Of Genetic Material, Anne Nichols Hill

Journal of Health Care Law and Policy

No abstract provided.

Who Was That Masked Man? Online Defamation, Freedom Of Expression, And The Right To Speak Anonymously, Jonathon T. Feasby

Canadian Journal of Law and Technology

As the internet continues to reach into the lives of people around the world, it facilitates interaction and the exchange of ideas between far-flung individuals and groups to an extent unprecedented in communications history. However, with this positive effect, the potential of the internet as a forum for defamation and other malfeasance has increased as well. Words online can be heard or read in places conventional forms of speech might never reach. As the United States Supreme Court put it, with the aid of the internet ". . . any person with a phone line can become a town crier …

Is Internet Gaming Legal In Canada: A Look At Starnet, C. Ian Kyer, Danielle Hough

Canadian Journal of Law and Technology

The development of the Internet has kindled many new business opportunities in the online environment. Despite the recent slump in online business growth and popularity, one line of online business is generating profit and growing at a rapid rate: the business of online gaming.

The legality of such businesses is questionable in Canada and there are few gaming cases to assist Canadian lawyers. The following analysis must be considered in light of the dearth of jurisprudence in this area and should not be considered legal advice. This area of the law is in flux and developments may be unpredictable.

When …

Book Review: The Personal Information Protection And Electronic Documents Act: An Annotated Guide By Stephanie Perrin, Heather H. Black, David H. Flaherty And T. Murray Rankin, Q.C. (Concord, Ont.: Irwin Law, 2001), Teresa Scassa

Canadian Journal of Law and Technology

In April 2000, the Personal Information Protection and Electronic Documents Act was passed by the House of Commons. The legislation dealt with both personal information privacy and the use and validity of electronic documents in areas governed by federal law. On January 1, 2001, the portion of the Act dealing with electronic documents took effect, as did the privacy provisions, to the extent that they related to the collection use or disclosure of personal information inter-provincially, or in connection with a federal work, undertaking or business. The Act applied to personal health information as of January 1, 2002, and will …

Book Review: A Guide To Electronic Legal Research By A. Zivanovic (Markham Ont.: Butterworths Canada, 2001), David H. Michels

Canadian Journal of Law and Technology

No abstract provided.

Disease Management And Liability In The Human Genome Era, Larry I. Palmer

Villanova Law Review

No abstract provided.

Wired, Wonderful West Virginia - Electronic Signatures In The Mountain State, Robin C. Capehart, Mark A. Starcher

West Virginia Law Review

No abstract provided.

Assisted Reproductive Technologies And The Constitution, Carl H. Coleman

Fordham Urban Law Journal

This Article discusses potential policies regarding assisted reproductive technologies (ARTs). The initial question is whether ARTs should be viewed as private matters or as issues that affect overall social good. The author explains that this question may be answered by the Supreme Court's interpretation of the principles of procreative liberty. He then examines Supreme Court decisions regarding reproductive rights, including the unstated right to bear children as well as abortion rights. He extrapolates from these cases the Court's possible views on ARTs and what constitutional protections should be afforded reproductive technologies.

The Naked Clone, John Charles Kunich

Kentucky Law Journal

No abstract provided.

Section 43(A) Of The Shakespeare Canon Of Statutory Construction: The Beverly W. Pattishall Inaugural Lecture In Trademark Law, 1 J. Marshall Rev. Intell. Prop. L. 179 (2002), John Paul Stevens

UIC Review of Intellectual Property Law

Beverly Pattishall is a name that has secondary meaning for law students, for veteran trial lawyers—especially those seeking a more courteous and collegial bar—and for bar associations at the local, the national, and indeed the international level. It is fitting that a lecture series be dedicated to a quintessential “scholar and gentleman.” The Shakespeare Canon of Statutory Construction, like all of Shakespeare’s plays, contains five parts: Read the statute; read the entire statute; read the statute in its contemporary context; if necessary, consult the legislative history; and, finally, use your common sense. Section 43(a) of the Lanham Act has required …

"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long

UIC Review of Intellectual Property Law

The early decades of the 21st Century may well become known in the annals of intellectual property development as the period when “everything old is new again.” There is one ancient doctrine that has not yet enjoyed a similar renaissance, despite its clear application to today’s new, global, digital economy. It is the old (and currently discredited) view that trademarks and other commercial symbols are universal in nature. First given credence in early US cases regarding the importation of grey market, or parallel imports, the doctrine of universality was gradually replaced by a view of trademarks as creatures of nation …

On Red-Haired Waitresses, Shakespeare, And Product Configuration: A Response To Justice Stevens, 1 J. Marshall Rev. Intell. Prop. L. 218 (2002), Kenneth L. Port

UIC Review of Intellectual Property Law

Justice John Paul Stevens’ Inaugural Lecture in Trademark Law honoring Beverly Pattishall truly is a memorable read. Justice Stevens has provided a clear rationale for the Supreme Court’s most recent line of trade dress cases that most thought impossible. In fact, most have not even thought that there was a rationale, let alone a clear one, to a line of cases where the Court seems to be straining to balance the competing interests in American trademark jurisprudence. Rather than the arbitrary conclusion reached by the Supreme Court in distinguishing product configuration from product packaging, most commentators have recommended a more …

Trade Dress Protection And The Problem Of Distinctiveness, 1 J. Marshall Rev. Intell. Prop. L. 225 (2002), Mark V.B. Partridge

UIC Review of Intellectual Property Law

The problem of trade dress protection is this: What rules should we apply to trade dress protection to best satisfy the goals of trademark law? The merit of various proposed solutions can be measured by evaluating how effective they are in achieving those goals in various disputes. Both distinctiveness and likelihood of confusion should be understood from the perspective of the relevant public, not from that of the court, the trademark owner or the infringer. The questions we seek to answer only have coherent meaning if we consider the perception of the public. Otherwise, we are unable to determine if …

The Three Stages To Successful Appellate Advocacy Before The Federal Circuit, 1 J. Marshall Rev. Intell. Prop. L. 238 (2002), Charles W. Shifley

UIC Review of Intellectual Property Law

To succeed at the CAFC, the advocate must succeed in three stages of appeal. The first stage of appeal is actually the stage of proceedings in the trial court. The trial court proceedings are the first stage of appeal because in the absence of correct advocacy in the trial court, there is no opportunity for appeal. The action in the trial court need not be the success of winning at trial. It must, however, at least be the success of preserving issues for appeal – preserving critical error that cannot be remedied at the trial level. In the second stage …

Research Versus Development: Patent Pooling, Innovation And Standardization In The Software Industry, 1 J. Marshall Rev. Intell. Prop. L. 274 (2002), Daniel Lin

UIC Review of Intellectual Property Law

Despite the impressive pace of modern invention, a certain “patent thicket” effect that may be impeding what has become an increasingly difficult road to the commercialization of new technologies. Specifically, as new technologies build upon old technologies, they necessarily become increasingly complex, and as a result, are often subject to the protection of multiple patents, covering both the new cumulative technologies as well as old foundational technologies. The difficulties of acquiring licenses (e.g. hold-out problems) for all such patents has the potential to stifle the development and commercialization of these new technologies. As such, patent pooling, once condemned as facilitating …

Employee Inventors, The Dual Ladder, And The Useful Arts: From Thomas Paine To The "Dilbert Boycott", 1 J. Marshall Rev. Intell. Prop. L. 310 (2002), Ronald E. Andermann

UIC Review of Intellectual Property Law

To address limitations on the promotion of the progress of the useful arts, the Framers provided a Constitutional grant in the Patent Clause. They did so despite Thomas Jefferson’s concerns. However, limitations on the promotion of the useful arts continue today, often in very subtle ways. The evolution of dual-ladder corporate organizations as described in Martens has given rise to one such limitation—the phenomenon identified as the “Dilbert boycott.” Also, financially lucrative markets can give rise to abusive limitations on the promotion of the useful arts as in Synthroid. Combining these limitations with Thomas Jefferson’s fears of even limited monopolies …

The Nexus Requirement And The Fatal Injury: Does An Offer To Sell An Infringing Product Give Rise To A Duty To Defend Under A Cgl?, 1 J. Marshall Rev. Intell. Prop. L. 344 (2002), Willard L. Hemsworth Iii

UIC Review of Intellectual Property Law

Case law in the area of patent infringement has held that patent infringement cannot occur in the course of an insured's advertising activities as a matter of law. In 1996, the United States added “offer to sell” as one of the enumerated offenses of direct patent infringement to 35 U.S.C. §271(a). Since that time, there has been little deviation or fluctuation from the above mentioned principle, especially in litigation where a patentee’s search for insurance coverage from their CGL policies “Adverting Injury” provision. This Comment discusses the necessity of the court system to reexamine the modification to 35 U.S.C. §271(a), …

Go To Jail - Do Not Pass Go, Do Not Pay Civil Damages: The United States’ Hesitation Towards The International Convention On Cybercrime’S Copyright Provisions, 1 J. Marshall Rev. Intell. Prop. L. 364 (2002), Adrienne N. Kitchen

UIC Review of Intellectual Property Law

The problem of combating copyright infringement increases tenfold when considered in light of today’s global and digital environment. As more authors seek copyright protection, others seek to get around it by evading jurisdictional reach. The Council of Europe has developed the world’s first International Convention on Cybercrime, which incorporates harsh substantive copyright provisions but neglects to include effective enforcement protocols. This Comment proposes that the United States not rush to adopt the Council of Europe’s Convention, but rather seek a more definitive and effective solution in a singularly-focused agreement on intellectual property rights in a global economic context.

Prosecution Laches As A Defense To Infringement: Just In Case There Are Any More Submarines Under Water, 1 J. Marshall Rev. Intell. Prop. L. 383 (2002), Gregory F. Sutthiwan

UIC Review of Intellectual Property Law

The comment examines prosecution history laches as an infringement defense in the context of the pending litigation against the Jerome Lemelson Medical Education & Research Foundation. Jerome Lemelson amassed over five hundred patents during his lifetime. Of these, a few key patents have priority based on initial disclosures over forty years ago. Through multiple continuances however, the patents were not issued until decades later and are thus currently enforceable. Lemelson’s foundation has been aggressively seeking royalties based on these, so called “submarine patents,” against bar-code technology users. This comment discusses the problems posed by “submarine patents” and proposes guidelines for …

Effective Appellate Practice Before The Federal Circuit, 2 J. Marshall Rev. Intell. Prop. L. 1 (2002), Richard Linn

UIC Review of Intellectual Property Law

Like our sister appellate courts, we are a “court of errors.” We do not re-try cases. Our charge is to review proceedings in the courts and administrative agencies over which we have appellate jurisdiction and to correct errors that affect the outcome of those proceedings. Our ability to do that effectively and efficiently depends in large measure on how well the members of the practicing bar bring the errors to our attention for adjudication. To assist the bar in this task, I make the following observations and offer a few suggestions on what I have learned about effective appellate practice …

The Genetic Age: Who Owns The Genome?: A Symposium On Intellectual Property And The Human Genome, 2 J. Marshall Rev. Intell. Prop. L. 6 (2002), Scott A. Brown, Q. Todd Dickinson, Stephen P.A. Fodor, Justin Gillis, Lee H. Hamilton, Eric S. Lander, Pilar Ossorio

UIC Review of Intellectual Property Law

A Symposium on Intellectual Property Co-Sponsored by The Woodrow Wilson Center. Featuring the remarks of Scott A. Brown, J.D.; Q. Todd Dickinson, J.D.; Stephen P.A. Fodor, Ph.D.; Justin Gillis; Hon. Lee H. Hamilton; Eric S. Lander, Ph.D.; and Pilar Ossorio, Ph.D., J.D.

"Interpretive Necromancy" Or Prudent Patent Policy? The Supreme Court’S “Arising Under” Blunder In Holmes Group V. Vornado, 2 J. Marshall Rev. Intell. Prop. L. 57 (2002), Janice M. Mueller

UIC Review of Intellectual Property Law

No abstract provided.

An Information Society Approach To Privacy Legislation: How To Enhance Privacy While Maximizing Information Value, 2 J. Marshall Rev. Intell. Prop. L. 71 (2002), Dana Beldiman

UIC Review of Intellectual Property Law

No abstract provided.

Mickey Mouse & Sonny Bono Go To Court: The Copyright Term Extension Act And Its Effect On Current And Future Rights, 2 J. Marshall Rev. Intell. Prop. L. 95 (2002), Victoria A. Grzelak

UIC Review of Intellectual Property Law

No abstract provided.

Has The Reasonable Experimentation Doctrine Become Unreasonable?: Rethinking The Reasonable Experimentation Doctrine In Light Of Automated Experimental Techniques, 2 J. Marshall Rev. Intell. Prop. L. 116 (2002), Mark H. Hopkins

UIC Review of Intellectual Property Law

No abstract provided.

A Practical Solution To Claim Construction: Stopgap Measures While Waiting For Reform, 2 J. Marshall Rev. Intell. Prop. L. 138 (2002), Stephen L. Sheldon

UIC Review of Intellectual Property Law

No abstract provided.

Federal Intellectual Property Law V. State Sovereignty: Can Congress Win?, 2 J. Marshall Rev. Intell. Prop. L. 159 (2002), Himanshu Vyas

UIC Review of Intellectual Property Law

No abstract provided.