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Articles 6481 - 6510 of 8858
Full-Text Articles in Law
Much Ado About Nothing: The Biotech And Pharmaceutical Industries Have Little To Fear In The Post-Ebay World, Michael Beylkin
Much Ado About Nothing: The Biotech And Pharmaceutical Industries Have Little To Fear In The Post-Ebay World, Michael Beylkin
Colorado Technology Law Journal
No abstract provided.
Regulation And Free Markets Redux: Additional Insights On Regulating The Telecommunications Industry In The New Economy, James Crowe
Colorado Technology Law Journal
No abstract provided.
Ict And Employer-Employee Power Dynamics: A Comparative Perspective Of United States' And Netherlands' Workplace Privacy In Light Of Information And Computer Technology Monitoring And Positioning Of Employees, 25 J. Marshall J. Computer & Info. L. 37 (2007), Colette Cuijpers
UIC John Marshall Journal of Information Technology & Privacy Law
Employees can cause harm to their employers through Information and Computer Technology (ICT) in employment relationships; for example, through surfing for adult material on the Internet or leaking company secrets via a mobile phone. Employers have responded to this development by introducing various surveillance systems. Besides well-known forms of Internet and e-mail surveillance, positioning systems are becoming a new trend. The influence these systems have on the employment relationship can be far-reaching, as they offer the employer an insight into the employee’s whereabouts, outside the company premises as well as outside company hours. As a consequence, the boundaries between the …
An Afterword To: A Panel Discussion On Obviousness In Patent Litigation: Ksr International V. Teleflex, 6 J. Marshall Rev. Intell. Prop. L. 633 (2007), Constantine L. Trela, Jr.
An Afterword To: A Panel Discussion On Obviousness In Patent Litigation: Ksr International V. Teleflex, 6 J. Marshall Rev. Intell. Prop. L. 633 (2007), Constantine L. Trela, Jr.
UIC Review of Intellectual Property Law
In KSR International v. Teleflex, Inc., the Supreme Court may have sparked the question: How should obviousness be decided as a procedural matter? KSR reaffirmed the holding in Graham v. John Deere Co.—that obviousness is a legal determination decided against the background of particular facts. However, KSR moved beyond Graham and stated on a number of occasions that “the court” is to make various determinations. KSR’s language logically suggests that the jury is to answer interrogatories on specific factual questions and then the judge is to decide the obviousness issue based on those answers. How the Federal Circuit and the …
Biometrics: Weighing Convenience And National Security Against Your Privacy, Lauren D. Adkins
Biometrics: Weighing Convenience And National Security Against Your Privacy, Lauren D. Adkins
Michigan Telecommunications & Technology Law Review
The biometric identifier relies on an individual's unique biological information such as a hand, iris, fingerprint, facial or voice print. When used for verification purposes, a "one-to-one" match is generated in under one second. Biometric technology can substantially improve national security by identifying and verifying individuals in a number of different contexts, providing security in ways that exceed current identification technology and limiting access to areas where security breaches are especially high, such as airport tarmacs and critical infrastructure facilities. At the same time, a legitimate public concern exists concerning the misuse of biometric technology to invade or violate personal …
The Troll Next Door, 6 J. Marshall Rev. Intell. Prop. L. 292 (2007), Jennifer Kahaulelio Gregory
The Troll Next Door, 6 J. Marshall Rev. Intell. Prop. L. 292 (2007), Jennifer Kahaulelio Gregory
UIC Review of Intellectual Property Law
The term Patent Troll is increasingly permeating news headlines. This comment explains where the term came from and how the changing landscape of patent enforcement has contributed to the evolution of the Patent Troll. Some have suggested that segregating Patent Trolls from other patent enforcers will solve many of the patent system’s woes. This comment analyzes proposed ways of distinguishing Patent Trolls and reveals them all as prejudicial and ineffective. The use of the term Patent Troll is a mask for underlying fears based on real shortcomings in the patent system, which need to be addressed.
Let's Make A Deal: Negotiating Resolution Of Intellectual Property Disputes Through Mandatory Mediation At The Federal Circuit, 6 J. Marshall Rev. Intell. Prop. L. 365 (2007), Wendy Levenson Dean
Let's Make A Deal: Negotiating Resolution Of Intellectual Property Disputes Through Mandatory Mediation At The Federal Circuit, 6 J. Marshall Rev. Intell. Prop. L. 365 (2007), Wendy Levenson Dean
UIC Review of Intellectual Property Law
In 2006, the United States Court of Appeals for the Federal Circuit implemented a mandatory mediation program for parties in all counseled cases, including intellectual property disputes. This program offers the parties incentives to settle, such as providing neutral mediators with intellectual property expertise at no cost to the litigants. This article explains how the Federal Circuit’s Mediation Program works and provides an overview of the Guidelines. This article concludes that the Federal Circuit firmly stands behind the mandatory mediation program for intellectual property disputes and believes the process can only serve to benefit all parties involved.
The Proliferation Of Tax Strategy Patents: Has Patenting Gone Too Far?, 7 J. Marshall Rev. Intell. Prop. L. 202 (2007), Anish Parikh
The Proliferation Of Tax Strategy Patents: Has Patenting Gone Too Far?, 7 J. Marshall Rev. Intell. Prop. L. 202 (2007), Anish Parikh
UIC Review of Intellectual Property Law
Many people employ an accountant or tax attorney to assist them with the paying of their taxes. Tax practitioners may utilize various tax strategies in determining how a taxpayer should allocate his money. These tax strategies fall into the category of business methods. It was widely held that patents could not be granted for methods of doing business; however, this changed in 1998 when the Court of Appeals for the Federal Circuit upheld the patentability of an investment structure in State Street Bank & Trust Company v. Signature Financial Group, Inc. More recently, in Wealth Transfer Group v. Rowe, the …
From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, 25 J. Marshall J. Computer & Info. L. 1 (2007), Robert D. Sprague
From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, 25 J. Marshall J. Computer & Info. L. 1 (2007), Robert D. Sprague
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Application Service Providing, Copyright, And Licensing, 25 J. Marshall J. Computer & Info. L. 79 (2007), Michael P. Widmer
Application Service Providing, Copyright, And Licensing, 25 J. Marshall J. Computer & Info. L. 79 (2007), Michael P. Widmer
UIC John Marshall Journal of Information Technology & Privacy Law
Application Service Providing ("ASP"), where a vendor hosts a software application on her server and grants customers access to the application over a network -- without the software application itself being installed on the user’s computer -- is used by many, e.g. in the form of Web based e-mail services, and grows ever more important. This article argues that although ASP mainly raises questions (i) that come up in the context of traditional use of computer programs; or (ii) that have been addressed in the context of online use of works other than software, ASP has significantly different copyright implications …
The Fda And The Future Of The Brain-Computer Interface: Adapting Fda Device Law To The Challenges Of Human-Machine Enhancement, 25 J. Marshall J. Computer & Info. L. 117 (2007), Eric Chan
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Angling For A Fair Standard: A Recommendation For A Narrowly Tailored Non-Profit Exemption To The Closed Captioning Requirements, 25 J. Marshall J. Computer & Info. L. 165 (2007), Joshua Pila
UIC John Marshall Journal of Information Technology & Privacy Law
In late 2006, the FCC’s Consumer and Government Affairs Bureau (“CGB”) issued the Anglers Order, providing a wholesale exemption for non-profit entities seeking to avoid the strictures of the Commission’s closed captioning rules. Disability advocates quickly criticized the Anglers Order on administrative law and communications law grounds. This paper avoids administrative law and communications law issues, but instead criticizes the Anglers Order on non-profit law and policy grounds. The paper then recommends and supports a post-application, narrowly-tailored financial test, automatically exempting A) non-profit organizations, with B) less than $25,000 in annual revenue, who C) receive no financial compensation for airing …
Slingbox: Copyright, Fair Use, And Access To Television Programming Anywhere In The World, 25 J. Marshall J. Computer & Info. L. 187 (2007), Shekar Sathyanarayana
Slingbox: Copyright, Fair Use, And Access To Television Programming Anywhere In The World, 25 J. Marshall J. Computer & Info. L. 187 (2007), Shekar Sathyanarayana
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Table Of Contents, Journal On Telecommunications & High Technology Law
Table Of Contents, Journal On Telecommunications & High Technology Law
Colorado Technology Law Journal
No abstract provided.
Hollywood Vs. The People Of The United States Of America: Regulating High-Definition Content And Associated Anti-Piracy Copyright Concerns, 6 J. Marshall Rev. Intell. Prop. L. 525 (2007), Timothy M. Cho
UIC Review of Intellectual Property Law
With Blu-ray Disc (“BD”) and HD-DVD poised to take over the $24.6 billion home video market, the issue of copy protection is the most significant obstacle to overcome before this new technological era can be fully ushered in. This comment proposes that impending Advanced Access Content System (“AACS”) implementation and Digital Millennium Copyright Act (“DMCA”) enforcement are not effective remedies for protecting copyrighted material and curbing rampant piracy in connection with BD and HD-DVD. Limiting the proposed scope of the DMCA, rejecting analog hole legislation, and creating low cost digital marketplace alternatives to illicit activity are the best ways to …
What Does Forum Shopping In The Eastern District Of Texas Mean For Patent Reform?, 6 J. Marshall Rev. Intell. Prop. L. 570 (2007), Alisha Kay Taylor
What Does Forum Shopping In The Eastern District Of Texas Mean For Patent Reform?, 6 J. Marshall Rev. Intell. Prop. L. 570 (2007), Alisha Kay Taylor
UIC Review of Intellectual Property Law
The Eastern District of Texas has recently become a rocket docket for patent litigation owing to the adoption of Judge T. John Ward’s local patent rules. However, the disproportional amount of patent cases filed in the Eastern District is evidence of plaintiffs forum shopping. Notwithstanding the benefit of forum shopping in creating, by default, patent law expertise in certain district courts, the existence of forum shopping illuminates the reality that patent law application is not uniformly applied throughout the district courts. This comment proposes a mandatory post-grant opposition proceeding occurring at the Board of Patent Appeals and Interferences of the …
Reason Or Madness: A Defense Of Copyright's Growing Pains, 7 J. Marshall Rev. Intell. Prop. L. 1 (2007), Marc H. Greenberg
Reason Or Madness: A Defense Of Copyright's Growing Pains, 7 J. Marshall Rev. Intell. Prop. L. 1 (2007), Marc H. Greenberg
UIC Review of Intellectual Property Law
A growing conflict between the creators and owners of expressive works protected by copyright law and the community of users and distributors of those works has focused on whether the law is so restrictive that it no longer meets the constitutional mandate that intellectual property law should serve to promote the growth and development of useful and expressive works. Has the scope of copyright's growth been reasonable, or are its restrictions madness, and harmful to the development and distribution of art? This article explores the seven leading criticisms leveled against copyright's expansion, and examines one recent effort at legislative reform …
The Buzz About Clean Coal, Jennifer Rohleder
The Buzz About Clean Coal, Jennifer Rohleder
Sustainable Development Law & Policy
No abstract provided.
Governor Romney’S Policy Statement, Mitt Romney
Governor Romney’S Policy Statement, Mitt Romney
Sustainable Development Law & Policy
No abstract provided.
The Truth About Wind Turbines And Avian Mortality, Michael Distefano
The Truth About Wind Turbines And Avian Mortality, Michael Distefano
Sustainable Development Law & Policy
No abstract provided.
Nuclear Power: Renaissance Or Relapse?, J.C Sylvan
Nuclear Power: Renaissance Or Relapse?, J.C Sylvan
Sustainable Development Law & Policy
No abstract provided.
Minneapolis Bridge Collapse: Motivation To Be Smarter On Infrastructure Or Latest In A Trend?, Mary Bortscheller
Minneapolis Bridge Collapse: Motivation To Be Smarter On Infrastructure Or Latest In A Trend?, Mary Bortscheller
Sustainable Development Law & Policy
No abstract provided.
The Day Aftert Tomorrow Scenario: What If Global Warming Causes Rapid Climate Change? , Michael K. Lee
The Day Aftert Tomorrow Scenario: What If Global Warming Causes Rapid Climate Change? , Michael K. Lee
Sustainable Development Law & Policy
No abstract provided.
The Role Of Renewable Portfolio Standards In The Context Of A National Carbon Cap-And-Trade Program, Neal J. Cabral
The Role Of Renewable Portfolio Standards In The Context Of A National Carbon Cap-And-Trade Program, Neal J. Cabral
Sustainable Development Law & Policy
No abstract provided.
If You Prompt Them, They Will Rule: The Warranty Of Habitability Meets New Court Information Systems, 40 J. Marshall L. Rev. 425 (2007), Mary Marsh Zulack
If You Prompt Them, They Will Rule: The Warranty Of Habitability Meets New Court Information Systems, 40 J. Marshall L. Rev. 425 (2007), Mary Marsh Zulack
UIC Law Review
No abstract provided.
What Is Hiding In The Bushes - Ebay's Effect On Holdout Behavior In Patent Thickets, Gavin D. George
What Is Hiding In The Bushes - Ebay's Effect On Holdout Behavior In Patent Thickets, Gavin D. George
Michigan Telecommunications & Technology Law Review
Importantly, at least a few relevant patent holders are inevitably left out of an industry organization's collection of patents. These left-out patent holders, known as "holdouts," can undermine the collective arrangement with demand letters and infringement suits.[...] The first part of this Note explains why holdouts exist in the first place, given the benefits of joining an organization of collected patents. In the second part of this Note, I explore the lack of legal protections against holdout demands offered by pre-eBay patent law. The third part of this Note introduces the eBay decision as revolutionary addition to list of legal …
Restoring The Genetic Commons: A Common Sense Approach To Biotechnology Patents In The Wake Of Ksr V. Teleflex , Anna Bartow Laakmann
Restoring The Genetic Commons: A Common Sense Approach To Biotechnology Patents In The Wake Of Ksr V. Teleflex , Anna Bartow Laakmann
Michigan Telecommunications & Technology Law Review
In this Article, I argue that a new approach to biotechnology patenting is necessary to fully realize the tremendous potential of recent advances in our understanding of the human genome. Part I places the gene patenting debate in context by highlighting the key landmarks that have shaped the biotechnology industry and outlining the products and stakeholders that comprise the industry. Part II describes the current state of the law on biotechnology patents, summarizing the Federal Circuit's application of the various doctrines that collectively define the patent landscape's parameters. In this Part, I explain how the Federal Circuit's jurisprudence is tied …
Copyright Under Siege: An Economic Analysis Of The Essential Facilities Doctrine And The Compulsory Licensing Of Copyrighted Works, Daryl Lim
Faculty Scholarly Works
No abstract provided.
Law And Heidegger’S Question Concerning Technology: Prolegomenon To Future Law Librarianship, Paul D. Callister
Law And Heidegger’S Question Concerning Technology: Prolegomenon To Future Law Librarianship, Paul D. Callister
Faculty Works
Following World War II, the German philosopher Martin Heidegger offered one of the most potent criticisms of technology and modern life. His nightmare is a world whose essence has been reduced to the functional equivalent of a giant gasoline station, an energy source for modern technology and industry. "This relation of man to the world [is] in principle a technical one . . . [It is] altogether alien to former ages and histories. For Heidegger, the problem is not technology itself, but the technical mode of thinking that has accompanied it." Such a viewpoint of the world is a useful …
Prosecutors And Corrupt Science, Kevin C. Mcmunigal
Prosecutors And Corrupt Science, Kevin C. Mcmunigal
Faculty Publications
No abstract provided.