Law Commons^™

The Gathering Twilight? Information Privacy On The Internet In The Post-Enlightenment Era, 24 J. Marshall J. Computer & Info. L. 353 (2006), Mark F. Kightlinger

UIC John Marshall Journal of Information Technology & Privacy Law

This Article provides a timely examination of U.S. law and policy concerning information privacy on the Internet, a subject that receives almost daily attention in the press. This Article constructs a new theoretical framework from the writings of Alasdair MacIntyre, a major contemporary philosopher and social theorist. Over the past 30 years, MacIntyre has examined the roots and continuing impact of the failure of post-Enlightenment thinkers to produce an account of human nature and action that could replace an older Aristotelian account and command the assent of all rational persons. In addition to extending MacIntyre’s examination of our post-Enlightenment situation, …

Contribution To The Understanding Of The Public Domain, 24 J. Marshall J. Computer & Info. L. 411 (2006), Vincenzo Vinciguerra

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Intellectual Property Rights At The Crossroad Between Monopolization And Abuse Of Dominant Position: American And European Approaches Compared, 24 J. Marshall J. Computer & Info. L. 455 (2006), Emanuela Arezzo

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

A Comedy Of Errors: Defining "Component" In A Global Information Technology Market - Accounting For Innovation By Penalizing The Innovators, 24 J. Marshall J. Computer & Info. L. 507 (2006), William Greubel

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Toxic Torts, Autism, And Bad Science: Why The Courts May Be Our Best Defense Against Scientific Relativism, Joelle A. Moreno

Faculty Publications

No abstract provided.

Telecommunications: The Transition From Regulation To Antitrust, Alfred E. Kahn

Colorado Technology Law Journal

No abstract provided.

Can Copyright Lend Its Cinderellaic Magic To Chinese Folklore?, 5 J. Marshall Rev. Intell. Prop. L. 203 (2006), Deming Liu

UIC Review of Intellectual Property Law

Folklore in China is disappearing and facing challenges for its very survival. To salvage folklore in China, some have called for immediate legislative action and proposed the law of copyright or sui generis protection as some potential solutions. However, copyright is traditionally concerned with the creations of individuals rather than the cumulative creations of an ethnic group or region. Furthermore, even sui generis protection, which is better adapted to folklore in theory, could be susceptible in practice to the abuses of private monopolies or state tyranny. Overall, the protection of folklore depends more on a consistent governmental policy of open-mindedness …

Taming The Code: Effectively Implimenting Software Patents, 5 J. Marshall Rev. Intell. Prop. L. 382 (2006), Anthony E. Anderson

UIC Review of Intellectual Property Law

Software patents are a sore subject for many programmers. Although still in their infancy, they have managed to anger many of those in the programming community. Software patents started to evolve in the early 80’s through multiple court decisions that eventually defined software as statutory patentable material. Although patentable, software has proven to be a formidable match for the examination process. The examination process has proven ineffective in properly examining software patent applications and as result multiple lawsuits based on frivolous patents have emerged. Potential battles such as the one between Creative and Apple over Creative’s patent for a hierarchal …

Special 301: Trips Plus – Alive And Kicking, 5 J. Marshall Rev. Intell. Prop. L. 651 (2006), Vicki Allums

UIC Review of Intellectual Property Law

Despite significant strides and multilateral agreements, including requirements for enforcing intellectual property, trademark counterfeiting and copyright piracy remain a persistent problem for intellectual property owners as reflected in the 2006 Special 301 Report issued by the Office of the United States Trade Representative on April 28, 2006. Border measures are a key tool in the United States fight against counterfeiting and piracy at U.S. borders in the global economy where goods are manufactured in different countries and sold worldwide. How does the United States prevent infringing works from crossing its borders and assist its trading partners in creating border enforcement …

Trademark Parodies: When Is It Ok To Laugh?, 6 J. Marshall Rev. Intell. Prop. L. 72 (2006), Emily Adelman

UIC Review of Intellectual Property Law

In trademark parodies, there is a fine line between what is considered a First Amendment right to freedom of speech and what constitutes an unlawful appropriation, or trademark infringement. Current judicial decisions have been inconsistent across the different jurisdictions, thus making it unclear to parodists as to what may be lawfully appropriated when creating their parodies. This comment proposes that a new balancing test be used that is specific to trademark parodies. This new test will help to create more concrete guidelines that will reduce the amount of subjectivity that is currently used in trademark parody analysis.

A Study Of Juror Expectations And Demands Concerning Scientific Evidence: Does The "Csi Effect" Exist?, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak

Vanderbilt Journal of Entertainment & Technology Law

This article is the first empirical study of jurors designed to investigate the existence and extent of the "CSI effect." The authors conducted a survey of 1027 persons who had been called for jury duty in a Michigan state court during a nine-week period in June, July and August, 2006. This survey examined the summoned jurors' demographic information, television viewing habits, their expectations that the prosecutor would produce scientific evidence and whether they would demand scientific evidence as a condition of a guilty verdict.

This study of juror expectations and demands about scientific evidence in relationship to other types of …

Volume 6 Issue 3, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Nanotechnology: Getting It Right The First Time, Karen Florini, Scott Walsh, John M. Balbus, Richard Denson

Sustainable Development Law & Policy

No abstract provided.

Editors' Note, Kelly Rain, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.

Brazil's Recent Threat On Abbott's Patent: Resolution Or Retaliation, Jennifer Bjornberg

Northwestern Journal of International Law & Business

In June 2005, Brazil threatened to infringe the patent of an anti-AIDS medication, Kaletra, patented and produced by a U.S. based pharmaceutical company, Abbott Laboratories. The resulting controversy necessarily implicated the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property ("TRIPS Agreement") as Brazil was a Member Nation under the agreement and Abbott's product was protected under that agreement. Ultimately, the threat came to a voluntary resolution between both parties, but the dispute raised a number of unique questions relating to international trade and public health concerns. This article will discuss the recent controversy between Abbott and Brazil …

Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron Perzanowski

Articles

This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscape and, as a result, has failed to adapt in a manner that accounts for our changing communications environment.

The public figure doctrine, which imposes the more rigorous actual malice standard of fault on defamation plaintiffs who enjoy greater access to mass media, was constructed in an era defined by one-to-many communications media. Newspapers, broadcasters, and traditional publishers exhausted the Court's understanding of the means of communicating with mass audiences. As …

Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron K. Perzanowski

Faculty Publications

This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscape and, as a result, has failed to adapt in a manner that accounts for our changing communications environment.

The public figure doctrine, which imposes the more rigorous actual malice standard of fault on defamation plaintiffs who enjoy greater access to mass media, was constructed in an era defined by one-to-many communications media. Newspapers, broadcasters, and traditional publishers exhausted the Court's understanding of the means of communicating with mass audiences. As …

War And Peace: The 34th Annual Donald C. Brace Lecture, Jessica D. Litman

Other Publications

I'd like to thank the Copyright Society and the Brace committee for inviting me to speak to you this evening. I am honored that you invited me to give this lecture. I want to talk a little bit about war - copyright war - and then I want to talk a little bit about peace. It's become conventional that we're in the middle of a copyright war.' I tried to track down who started calling it that, and what I can tell you is that about ten years ago, about the time that copyright lawyers everywhere were arguing about the …

Foreword To Berkeley Law And Technology Law Journal 21, No. 1, Aaron Perzanowski, Tara Wheatland

Other Publications

Through the scholarship it publishes, the Berkeley Technology Law Journal - formerly the High Technology Law Journal - has tracked the evolution of technology and intellectual property law for more than two decades. In keeping with this tradition, the Annual Review of Law & Technology, now in its ninth volume, catalogs the year's most significant developments in a wide range of topic areas, which this year include intellectual property, cyberlaw, constitutional law, and telecommunications. The summaries and analyses presented here aim to provide practitioners, judges, policymakers, scholars, and students a concise and thorough encapsulation of the year in technology and …

Reflections On Air Capture: The Political Economy Of Active Intervention In The Global Environment; An Editorial Comment, Edward A. Parson

Articles

When global climate change came onto domestic and international policy agendas in the late 1980s, only two types of response were initially considered: reducing emissions by improving efficiencies or switching to lower or non-carbon energy sources; and adapting to the anticipated changes. Since that time the agenda of potential responses has been progressively expanded, principally by adding various ways to intervene in the global carbon cycle or the climate to break the connection between emissions of greenhouse gases and the resultant climate changes. Three types of these “intervening” responses are now, to varying degrees, present in policy debate: biological sequestration …

Reduce, Refine, Replace: The Failure Of The Three R’S And The Future Of Animal Experimentation, Darian M. Ibrahim

Faculty Publications

No abstract provided.

The Universal Declaration On Bioethics And Human Rights: Promoting International Discussion On The Morality Of Non-Therapeutic Research On Children, Anna Gercas

Michigan Journal of International Law

After describing the Declaration and its drafting history, this Note will summarize several international, national, and regional guidelines regarding children as research subjects. The Note then argues for a prohibition of non-therapeutic research on children and concludes that international human rights law offers the most appropriate basis for the development of regulations on human experimentation.

Ending The Circuit Split Over Use Of A Competing Mark In Advertising—The Blackstone Code, 5 J. Marshall Rev. Intell. Prop. L. 157 (2006), Douglas L. Rogers

UIC Review of Intellectual Property Law

In KP Permanent, the Supreme Court recently confirmed that plaintiffs in trademark infringement cases under the Lanham Act have the burden of proving likelihood of confusion. As such, this article argues that lower courts do not have the authority to switch that burden of proof for such claims, even though they involve nominative uses (in which defendant is using the actual mark of plaintiff as plaintiff’s source identifier and not as a description of the defendant's products or services). This article also argues that because Congress created affirmative fair use defenses for descriptive uses of marks and for trademark dilution, …

Has The Supreme Court Incorrectly Expanded § 271(E)(1) To Risk A Regulatory Taking?, 5 J. Marshall Rev. Intell. Prop. L. 216 (2006), Tara Stuart

UIC Review of Intellectual Property Law

The U.S.S.C. expanded the scope of the Hatch-Waxman Act’s safe harbor provision in Merck III to include protection for infringing use of any type of invention as long as a researcher intended to perform research reasonably relevant to FDA approval. This broad interpretation is inconsistent with the legislative intent of the Hatch-Waxman Act, and the policies of the U.S. patent system. Many patent owners may unnecessarily experience such a reduction in their property rights as to constitute a regulatory taking. The proposed narrow interpretation would rectify the constitutional problems and inconsistencies in infringement exemptions. Section 271(e)(1) should apply only to …

Redefining Utility In Determining The Patentability Of Dna Sequences, 5 J. Marshall Rev. Intell. Prop. L. 238 (2006), Diana A. Villamil

UIC Review of Intellectual Property Law

On September 7, 2005, the Federal Circuit in In re Fisher upheld the PTO’s final rejection for lack of utility of a patent application for certain DNA sequence fragments generated from maize plants. The court, supporting a heightened utility standard, adopted the “real-world” test for establishing substantial and specific utility required by the PTO. This decision severely limits the granting of patent rights to DNA sequence fragments, which are capable of having value within the biotech community as research tools. This comment proposes the restoration of a less stringent utility standard to more correctly reflect the purposes of patent law …

The Metes And Bounds Of The Defendant Class Action In Patent Cases, 5 J. Marshall Rev. Intell. Prop. L. 292 (2006), Donald E. Burton

UIC Review of Intellectual Property Law

Despite significant hurdles, the defendant class action in a patent infringement case is a potentially useful alternative to multiple lawsuits in many jurisdictions because a patentee who emerges from the class action proceeding with a favorable Markman ruling and a declaration of validity should normally be in a very strong position to collect damages. While nothing on the face of Federal Rule of Civil Procedure 23 precludes its application to defendant classes in patent infringement cases, the 23(b) requirements will be a major obstacle in convincing a court to certify a class of alleged infringers. Other practical considerations include personal …

The Ip Asset Class: Protecting And Unlocking Inherent Value, 5 J. Marshall Rev. Intell. Prop. L. 402 (2006), Stephen Bennett

UIC Review of Intellectual Property Law

Intangible inputs are as important, or more important, to wealth creation than tangible assets and corporate leaders are beginning to recognize the value of their intangible assets. Investors are also focusing on companies whose primary property value is largely intangible intellectual property. IP investment strategies involve either attempts to raise and employ immediate capital through securitization or to protect the value of IP through insurance. The nexus between finance and IP presents a revenue opportunity for law firms. There is already a contingent of the legal community that services clients concerning IP issues but only a much smaller niche segment …

Why Are Competitor's Advertising Links Displayed When I Google My Product? An Analysis Of Internet Search Engine Liability For Trademark Infringement, 5 J. Marshall Rev. Intell. Prop. L. 431 (2006), Isaiah A. Fishman

UIC Review of Intellectual Property Law

Traditional federal trademark law is being challenged in the current case of Google v. AmericanBlind. When internet issues clash with trademark infringement, courts are often faced with the dangerous task of either refusing to stretch not specifically internet tailored trademark law to grant remedy to a perceived wrong or refusing to grant remedy because of the chilling effect the remedy may have on traditional trademark. By analyzing the history of trademark law in relation with internet issues, focusing on domain name cases, pop-up advertising cases, and search engine cases, it becomes clear that specific congressional action is the most viable …

Smithkline V. Apotex: Broadening The Scope Of Inherent Anticipation And Its Impact On The Patentability Of Chemical Structures, 5 J. Marshall Rev. Intell. Prop. L. 456 (2006), Bryan William Jones

UIC Review of Intellectual Property Law

In SmithKline v. Apotex, the Court of Appeals for the Federal Circuit invalidated the main patent on Paxil as inherently anticipated. In doing so, the court over-stepped the bounds of appellate review, and broadened the scope of the inherent anticipation doctrine to include chemical structures that are not measurably produced by strict practice of the prior art. This holding does not comport with well-settled precedent and could have dire consequences for the patentability of many chemical structures. A more equitable invalidity analysis would require a chemical structure to derive directly from a disclosed reaction in order to be anticipated; in …

The Conundrum Confronting Congress: The Patent System Must Be Left Untouched While Being Radically Reformed, 5 J. Marshall Rev. Intell. Prop. L. 268 (2006), Robert A. Armitage

UIC Review of Intellectual Property Law

Patent systems reforms have been recommended by a variety of interests, including the Federal Trade Commission and the National Academies of Science and the private sector. Although calls for radical reforms have undeniable merit, the effectiveness of the existing patent system as an incentive to investment in innovation must be left untouched in the reform process. Unwise reforms include awarding patent injunctions only sparingly and limiting patent damages to nominal amounts for inventions relating to patentable combinations made of existing components. There are, however, “three pillars” that should guide reform: (1) introduce full transparency and objectiveness into the tests for …