Law Commons^™

Questioning Broadcast Regulation,, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Japan's High Technology Industries: Lessons And Limitations Of Industrial Policy, Steven R. Englund

Michigan Law Review

A Review of Japan's High Technology Industries: Lessons and Limitations of Industrial Policy edited by Hugh Patrick

Federal Agency Treatment Of Uncertainty In Environmental Impact Statements Under The Ceq's Amended Nepa Regulation § 1502.22: Worst Case Analysis Or Risk Threshold, Charles F. Weiss

Michigan Law Review

This Note traces the judicial and administrative treatment of uncertainty under NEPA and supports the CEQ's replacement of worst case analysis with a qualitative probability threshold. Part I discusses the development of reasonableness standards in NEPA common law to define agency obligations prior to promulgation of the worst case analysis regulation. Part II reviews the worst case analysis regulation and its judicial construction. Finally, Part III outlines the amended regulation, which replaces worst case analysis with a probability threshold employing the rule of reason to limit EIS discussion to environmental effects shown through credible scientific evidence to be reasonably foreseeable. …

What Is Bayesianism? A Guide For The Perplexed, David H. Kaye

Journal Articles

Bayes' Theorem, Bayesian statistics and Bayesian inference have been the subject of sharp dispute in various writings about legal rules of evidence and proof. This article disentangles the many meanings of "Bayesianism." It sketches several competing interpretations of probability, some leading schools of statistical inference, and the elements of Bayesian decision theory. In the process, it notes the aspects of Bayesian theory that have been applied in studies of forensic proof.

Plemel As A Primer On Proving Paternity, David H. Kaye

Journal Articles

Although in the past courts only permitted genetic evidence in paternity suits to prove that an accused man was not the father, with the advent of new genetic tests, which easily can exclude ninety to nitey-five percent of the population in most cases, the supreme courts of Massachusetts, Oregon, and Utah have held that various genetic tests may be used to prove paternity. While a positive move, the admissibility of genetic proof of paternity raises serious questions as to the manner in which this evidence should be presented in court. In the interests of efficiency, some jurisdictions seem to dispense …

Protecting American Software In Japan, 8 Computer L.J. 111 (1988), Wean Khing Wong

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Strict Products Liability And Computer Software, 8 Computer L.J. 135 (1988), L. Nancy Birnbaum

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Preemption Of Shrink Wrap Licenses In The Wake Of Vault Corp. V. Quaid Software Ltd., 8 Computer L.J. 157 (1988), Mary Brandt Jensen

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The New Taiwan Copyright Law: Does It Spell Doom For Counterfeiters?, 8 Computer L.J. 171 (1988), W. Scott Lawler

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Corpis Juris Roboticum, 8 Computer L.J. 375 (1988), Raymond August

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Self-Help Legal Software And The Unauthorized Practice Of Law, 8 Computer L.J. 185 (1988), Ross D. Vincenti

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Copyright, Patent, And Trade Secret Protection For Computer Software In Western Europe, 8 Computer L.J. 327 (1988), John P. Sumner, Dianne Plunkett

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Return To The Stone Age . . . The Regulation Of Program Trading, 8 Computer L.J. 479 (1988), Douglas M. Stevens

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Expert Software Systems: The Legal Implications, 8 Computer L.J. 455 (1988), Tod M. Turley

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Breaking The Mold: Forging A New And Comprehensive Standard Of Protection For Computer Software, 8 Computer L.J. 389 (1988), Jack Sholkoff

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Communications Technology: New Challenges To Privacy, 21 J. Marshall L. Rev. 735 (1988), Fred W. Weingarten

UIC Law Review

No abstract provided.

Monkeying Around With The Establishment Clause And Bashing Creation-Science, Gary C. Leedes

University of Richmond Law Review

This article examines the nature of scientific creationism and its educational value. Creation scientists and evolutionists study the origins of life, but their disagreements produce controversies that radiate far beyond the scientific community. Controversies about the content of science courses in public schools are widely reported in the press and have become political footballs. The debates between Clarence Darrow and William Jennings Bryan, and their contemporary counterparts, are the themes of motion pictures and plays. There is enormous public interest in the battle that is portrayed by combatants on both sides as a fight involving not only academic freedom but …

Biotechnology And The Law: Social Responsibility V. Freedom Of Scientific Inquiry?, George P. Smith Ii

Scholarly Articles

At American University in Washington, D.C., on November 20, 1973, Julius Stone presented the tenth annual Mooers Lecture, entitled, "Knowledge, Survival, and the Duties of Science."' The central question and thesis that he propounded could and, indeed, should be raised anew today; they form the very core of the province and function of law, science, and medicine. In our brave new world they point to the leeways of choice and patterns of discourse that exist in grappling with the central issue of social responsibility in scientific inquiry. Perhaps they will assist in forging a consensus opinion for a subsequent course …

The New Reproductive Technologies And The Law: A Roman Catholic Perspective, William J. Wagner

Scholarly Articles

In the next several years, the new reproductive technologies will, for better or worse, affect the civil law governing society's most basic relationships and the rights and duties that accompany them. As lawmakers deliberate over the social choices required by technological developments in human reproduction, the soundness of their decisions will depend on their understanding of the good that is at risk, and on their commitment to the law's role in defending it. In view of the fundamental nature of the societal relationships implicated, who will deny that much currently depends on the quality of lawmakers' decisions?

This article draws …

Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman

Articles

A year or two ago, one of my copyright students called to my attention a problem that seemed to him to pose unique difficulties for the copyright statute. The problem arises because of a technology called digital sampling.' Digital sampling is a new threat to performers' rights that has grown out of the combination of digital recording technology with music synthesizer technology. This threat is a very recent one. Indeed, the digital sampling problem is so new that copyright lawyers haven't yet figured out how to think about it.

Response To Monkeying Around With The Establishment Clause, Lucien J. Dhooge

University of Richmond Law Review

In the limited space available for response to Professor Leedes article, there is much which merits further attention but which cannot escape the bonds of paginal constraint. With regard to these unaddressed disputes, the reader is directed to the discussions of the relative merits of the controversy contained within the articles. Given the broad differences in viewpoint between Professor Leedes and myself, it would be practically impossible to address all of our differences in this response for fear of the response devouring its parent article-in-chief. Bearing these limitations in mind, I tender my response to Professor Leedes' article.

From Scopes To Edwards: The Sixty-Year Evolution Of Biblical Creationism In The Public School Classroom, Lucien J. Dhooge

University of Richmond Law Review

Few issues have generated as much controversy as the scope of the religion clauses of the first amendment to the United States Constitution within the setting of the public schools. Indeed, as Justice Brennan once stated, the courts have "encountered few issues more intricate or more demanding than that of the relationship between religion and the public schools." This controversy is not surprising in light of the important role played by the public schools in shaping the nation's thoughts, beliefs and institutions. It is a controversy without end; for as long as the public schools maintain their primary role in …

Response To From Scopes To Edwards, Gary C. Leedes

University of Richmond Law Review

Mr. Dhooge's one-dimensional article is designed to make us believe that the Louisiana legislature was overpowered by politically powerful biblicists who want science fiction introduced into the public schools. It is remarkable that the legislative history is not cited by Dhooge except for those portions which are included in the Court's distorted presentation of the record in Edwards v. Aguillard. Dhooge, echoing the Court, impugns the motives of Louisiana lawmakers who emphatically opposed improperly presented creation-science. It is difficult to credit Justice Brennan and Mr. Dhooge with a fair reading of the record when they cite snippets of testimony taken …

Baby M: The Contractual Legitimation Of Misogyny, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

The emergence of what have become known as the "new reproductive technologies" is a phenomenon which is neither essentially good nor essentially bad. On the one hand, such developments provide opportunities for social choice, family planning and procreative autonomy which, until recently, were impossible. This expansion of horizons is clearly a "good". However, on the darker side, as a community, we must be concerned about the directions which such opportunities might take. There are very real dangers involved, including excessive genetic engineering, raised expectations of perfect "products" with the correlative dissatisfaction with the "imperfect", inequality of access to these new …

Exploring Computer Aided Generation Of Questions For Normalizing Legal Rules, Layman E. Allen, Charles S. Saxon

Book Chapters

The process of normalizing a legal rule requires a drafter to indicate where the intent is to be precise and where it is to be imprecise in expressing both the between-sentence and within-sentence logical structure of that rule. Three different versions of a legal rule are constructed in the process of normalizing it: (1) the logical structure of the present version, (2) the detailed marker version, and (3) the logical structure of the normalized version. In order to construct the third version the analyst must formulate and answer specific questions about the terms that are used to express the logical …

Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg

Articles

In this Article I examine the traditional American conception of academic freedom and analyze its implications for universities formulating policies on the acceptance of sponsored research. I begin by reviewing the basic policy statements of the American Association of University Professors (AAUP) on academic freedom to identify both the academic values implicit in those statements and the assumptions about institutional relationships and individual incentives underlying their prescriptions for advancing those values. I then evaluate the validity of those underlying assumptions in contemporary sponsored research and argue that academic freedom as traditionally conceived might no longer effectively advance academic values in …