Law Commons^™

Courting Cyberspace, Al Harrison

Computer Law Review and Technology Journal

Internet has changed and will continue to change many aspects of the practice of law. Besides affording unlimited opportunity for gathering information on a world-wide scale and communicating quickly across time and geographical boundaries, the Internet provides access to multifaceted tools for performing legal and related research. A law firm should equip its lawyers and staff with suitable computer hardware and software to effectively avail itself of the myriad of online resources. By keeping in step with technological developments, efficiencies may be realized in the practice of law that were heretofore inconceivable. This article includes (1) a review of Outlook …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Legal Protection Of Collections Of Facts, Charles Brill

Computer Law Review and Technology Journal

Database compilers traditionally have used copyright and trade secret laws to protect their databases from appropriation by competitors. A 1991 Supreme Court decision, however, casts some doubt on the copyright protection extended to databases in the United States. In response to the Supreme database industry has launched a worldwide effort to encourage legislation to provide strong protection of databases, especially electronic databases.These efforts have borne fruit in Europe where Great Britain has passed laws protecting databases from unfair extraction and the European Union has mandated a sui generisprotection which, in conjunction with existing copyright laws, will provide very strong protection …

Copyrighting Cyberspace: Unweaving A Tangled Web, Robert N. Diotalevi

Computer Law Review and Technology Journal

The Internet, which began as a research project, is now the largest computer system in the world. Commonly known as the net or cyberspace, this superhighway offers a variety of useful information through its ocean of URL's, browsers and hyperlinks. Although to some people this new generation of technology may seem intimidating or even far-fetched, the reality is that its opportunities are vital to nearly every facet of modem life. With advancing technology comes new legal battles. The age of information has exposed and tested many limitations of copyright law. This work attempts to explain present copyright law as it …

Telephone Companies Go To Battle Over The Internet, Peter C. Salaverry

Computer Law Review and Technology Journal

Entering the twenty-first century, Americans, like most people around the world, regard the Internet as a free and unregulated means of communication. Naive to its origins, many individuals surf the Internet unaware of the debates concerning its regulation.

In March 1996, America's Carriers Telecommunication Association (ACTA), a trade association of roughly 130 long-distance carriers, petitioned the Federal Communications Commission (FCC) to confirm "its authority over interstate and international telecommunications services using the Internet." More specifically, the ACTA petition requested that the FCC enjoin software distributors of long-distance telephone software and other providers of non-tariffed and uncertified entities, compelling them to …

Current Advertising Regulations And The Internet, Lori A. Lustberg

Computer Law Review and Technology Journal

Since its inception, the Internet has brought society an array of opportunities. With those opportunities challenges arise. The Internet advertising arena is no different. The opportunities for companies to use the Internet to reach their target audiences are extraordinary. Because no regulations apply specifically to the Internet and since no agency has the specific task of regulating it, however, questions are plentiful regarding how and to what extent advertising is acceptable over the Internet. Both consumers and advertisers can clearly benefit from the use of advertising on the Internet. Consumers can readily and easily access information and products in which …

Extension Of Copyright To Fonts-Can The Alphabet Be Far Behind?, Jonathan L. Mezrich

Computer Law Review and Technology Journal

In February 1998, a federal district court issued a decision that may have a profound impact on the software industry. The court held, in Adobe Systems, Inc. v. Southern Software, Inc., that copyright law protects "software programs" that create fonts that are distinct typefaces. This ruling is ill-conceived. While people should be rewarded and protected for their creativity, copyright law should not be extended to cover the "artwork" inherent in font "glyphs," which, in their most basic form, comprise the alphabet itself.

The software industry has experienced dramatic growth in the past decade. While a small number of dominant …

Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson

Faculty Scholarship

Conflicts of interest have significant implications for the reliability of scientific expert testimony. However, the courts' treatment of conflicts is not always in accord either with the treatment of conflicts in scientific practice or with the particular problems that scientists' conflicts present in court. In response, this Article proposes two basic changes in the treatment of scientific expert testimony. First, courts should strive to separate issues of bias from issues of scientific validity-the two sets of issues are now conflated at times. Second, courts should pay more attention to biases of scientists who perform the research underlying expert testimony, whereas …

Truth, With A Small "T", David L. Faigman

Faculty Scholarship

No abstract provided.

The Frankenstein Controversy: The Constitutionality Of A Federal Ban On Cloning, Anne Lawton

Kentucky Law Journal

No abstract provided.

Can Patents Deter Innovation? The Anticommons In Biomedical Research, Michael Heller, Rebecca S. Eisenberg

Faculty Scholarship

The "tragedy of the commons" metaphor helps explain why people overuse shared resources. However, the recent proliferation of intellectual property rights in biomedical research suggests a different tragedy, an "anticommons" in which people underuse scarce resources because too many owners can block each other. Privatization of biomedical research must be more carefully deployed to sustain both upstream research and downstream product development. Otherwise, more intellectual property rights may lead paradoxically to fewer useful products for improving human health.

Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer

Faculty Scholarship

The growth of digital information transmission worries copyright holders who fear the new technology threatens their profits because of greater piracy and widespread sharing of digital works. They have responded with proposals for expanded protection of digital works. Specifically, they seek restrictions on personal use rights regarding digital works provided by the fair use and first sale doctrines. The proposed changes in the allocation of property rights to digital information significantly affect the ability of copyright holders to practice price discrimination. Broader user rights make discrimination more difficult; broader producer rights make discrimination easier. I argue that more price discrimination …

The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter

BYU Law Review

No abstract provided.

Time Enough - Consequences Of Human Microchip Implantation, Elaine M. Ramesh

RISK: Health, Safety & Environment (1990-2002)

Dr. Ramesh argues that microchip implantation is both possible and, for some purposes, desirable and suggests that now is the time to consider strategies for preventing potentially grievous intrusion into personal privacy.

The Future Of Information Commerce Under Contemporary Contract And Copyright Principles , Stephen P. Tarolli

American University Law Review

No abstract provided.

Fda Approved? A Critique Of The Artificial Insemination Industry In The United States, Karen M. Ginsberg

University of Michigan Journal of Law Reform

Artificial insemination by donor is becoming an increasingly popular means to achieving parenthood. While the majority of couples use artificial insemination to overcome fertility problems, many recipients use artificial insemination to avoid passing a genetic disease to their children. However, case studies reveal the inherent dangers of artificial insemination, namely the lack of proper screening methods to avoid passing genetic diseases to children born by artificial insemination. State-by-state regulation, federal guidelines, and private adjudication have all proven to be inadequate methods of regulating the artificial insemination industry. Ginsberg proposes federal regulation as the only means of achieving a safe artificial …

The Laws Of Genetics, Michael S. Baram

Faculty Scholarship

It used to be that high technology meant nuclear physics and missile systems, and presented the threat of physical destruction. Today, "high tech" means biotechnology and electronic communication systems, and the focus has shifted to concerns about more subtle problems like loss of privacy, inability to control personal information, and the discriminations and other adversities that often follow.

1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field

American University Law Review

No abstract provided.

How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson

American University Law Review

No abstract provided.

How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas

American University Law Review

No abstract provided.

Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz

American University Law Review

No abstract provided.

How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt

American University Law Review

No abstract provided.

Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross

American University Law Review

No abstract provided.

Why Regulate Cybermoney? , David G. Oedel

American University Law Review

No abstract provided.

The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii

UIC John Marshall Journal of Information Technology & Privacy Law

As the Internet expands, educational institutions have become interested in the medium for the purpose of expanding learning opportunities. Information that may be objectionable to some members of the community, however, would then be available to children in schools with Internet access. Attempts to regulate the content of the Internet have yet to pass a First Amendment challenge. Concern over what children will be exposed to when the Internet is introduced in the classroom is currently being addressed by educators and legislators alike. The Communications Decency Act was the first to attempt to address the issue of Internet access in …

Perfecting A Security Interest In Computer Software Copyrights: Getting It Right, 15 J. Marshall J. Computer & Info. L. 855 (1997), Aimee A. Watterberg

UIC John Marshall Journal of Information Technology & Privacy Law

The rapid development of computer technology has led software companies to seek financial support from various commercial lenders. Lenders are typically unaccustomed and unwilling to lend money on the security of intellectual property. The fear of lenders is well founded because lenders face a considerable risk in lending money on contemporary and intangible collateral. As a result of the unavailability of funds, technology based companies would be hindered in their efforts to promote new programs. The unclarity of laws with respect to obtaining a security interest has created obstacles for parties on both sides of the transaction -- the lender …

Foreword: Reflections On Cyberspace Governance, Standards And Control, 16 J. Marshall J. Computer & Info. L. 1 (1997), George B. Trubow

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Trademark Law On The Internet - Will It Scale? The Challenge To Develop International Trademark Law, 16 J. Marshall J. Computer & Info. L. 3 (1997), David W. Maher

UIC John Marshall Journal of Information Technology & Privacy Law

The author states that the rapid growth of the Internet has caused a serious collision between the efficient functioning of Domain Name Systems and the claims of trademark owners. U.S. Courts have recognized that domain names can have trademark implications. Trademarks are important because organizations responsible for allocation and registration of domain names must take trademarks and trademark law into account. The International Trademark Association (INTA) sets forth principles that should apply to the use of trademarks in the Domain Name System. The author's comment focuses on how to accommodate the interests and rights of trademark owners in the DNS …

Internet Red Light Districts: A Domain Name Proposal For Regulatory Zoning Of Obscene Content, 16 J. Marshall J. Computer & Info. L. 21 (1997), April Mara Major

UIC John Marshall Journal of Information Technology & Privacy Law

The author argues that the Internet must be regulated in order to ensure stability to the Internet community and viability as a communications medium. She offers two proposals: (1) the "secondary effect" of the Internet destroying its own legitimacy satisfies a substantial governmental need for zoning regulation as set forth in several cases; and (2) the most effective way to implement such zoning regulation is to reinforce accepted Internet standards, specifically the domain naming system. The author explains the difficulty in comparing the Internet to other media. Then the she explains the domain name system, e.g., the domain hierarchies, and …

Time To Pay Up: Internet Service Providers' Universal Service Obligations Under The Telecommunications Act Of 1996, 16 J. Marshall J. Computer & Info. L. 37 (1997), Jamie N. Nafziger

UIC John Marshall Journal of Information Technology & Privacy Law

Universal Service was originally set-up to provide everyone with telephone service -- regardless of their ability to pay. Telephone service is considered vital to health, public safety, governmental involvement, ability to obtain jobs, and to the building of community. Universal Service was paid for through cross-subsidies: businesses were charged more; all customers, regardless of locale were charged the same rate; long distance rates were artificially high and local calls were priced artificially low; phone costs were kept to a nationwide average. In 1982, the divestment of what had been a monopoly, Bell Telephone, was final. In order to continue support …