Law Commons^™

Rating Internet Content And The Spectre Of Government Regulation, 16 J. Marshall J. Computer & Info. L. 625 (1998), James V. Dobeus

UIC John Marshall Journal of Information Technology & Privacy Law

Parents and legislators have become increasingly concerned about access by children to Internet websites. The Communications Decency Act was the first to attempt to address the issue, but it failed to pass a constitutional challenge. Logically, the next step is to rate websites on the Internet. However, mandatory rating legislation will force providers to rate their sites using rating vocabularies such as RSACi, which they might not agree with. A voluntary rating system or old fashioned parental authority seems like a good solution, but both are based on a subjective determination that everyone may not agree with. Society has a …

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 16 J. Marshall J. Computer & Info. L. 709 (1998), John Cartaina, Robert Dixon, Eric Rogers

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 16 J. Marshall J. Computer & Info. L. 743 (1998), Michelle Regal Herrmann, Jennifer L. Johnson, Candace A. Ourso

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

1997 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 16 J. Marshall J. Computer & Info. L. 685 (1998), David E. Sorkin, Steven A. Mcauley, David B. Nash Iii

UIC John Marshall Journal of Information Technology & Privacy Law

Many public libraries provide patrons with free public-access Internet terminals, largely for accessing information available on the World Wide Web. However, public concern exists over the ability of children who browse the Web without adult supervision to view sexually explicit materials and other inappropriate items. This concern has led to the development of various Internet filtering software programs. Some filtering programs operate by blocking access to documents containing certain words or phrases or combinations thereof. However, more common programs permit access only to documents or sites that appear in a pre-selected, "safe" database or that block access to documents that …

The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert

Seattle University Law Review

This Article explores the present Internet addressing system, the history of trademark disputes on the Internet, and proposals for resolving these disputes. Part I provides a brief history of the Internet, discusses its addressing system, and explains the use of domain names as identifiers for companies on the Internet. Part II introduces the current system for registering Internet domain names and the problems associated with its structure. Part III gives a brief background of trademark law and tracks the evolution of disputes that have arisen as a result of the intersection of the Internet and trademark law. Finally, Part IV …

Computers And The Year 2000: Are You Ready, 30 J. Marshall L. Rev. 837 (1997), Robert G. Gerber

UIC Law Review

No abstract provided.

Legal Aspects - Software Reverse Engineering And Copyright: Past, Present And Future, 31 J. Marshall L. Rev. 1 (1997), Brian C. Behrens, Reuven R. Levary

UIC Law Review

No abstract provided.

Suing An Infringing Competitor's Customers: Or, Life Under The Single Recovery Rule, 31 J. Marshall L. Rev. 19 (1997), Jessica W. Young, Jerry R. Selinger

UIC Law Review

No abstract provided.

Fetal Tissue Research: State Regulation Of The Donation Of Aborted Fetuses Without The Consent Of The Mother, 31 J. Marshall L. Rev. 277 (1997), Christie A. Seifert

UIC Law Review

No abstract provided.

The Internet And Its Legal Ramifications In Taiwan, George C.C. Chen

Seattle University Law Review

Part I of this Article briefly introduces the five main legal issues related to Internet use in Taiwan. Part II discusses network-related copyright issues, including the doctrine of fair use, personal and corporate use of the Internet, and one of the first court cases in Taiwan on this issue. Part III discusses issues arising from commercial activity on the Internet, including the validity of on-line contracts, the use of digital signatures for authentication, and the applicability of Taiwan's Broadcasting and Television Law, Cable Television Law, and Fair Trade Law to regulating commercial advertising on the Internet. Part IV discusses the …

Genomic Patents And Product Development Incentives, Rebecca S. Eisenberg

Book Chapters

Patents on human genetic information have been controversial among different groups for different reasons. The purpose of a patent system is to motivate the commercial development of new technologies; it is thus unsurprising that those who have fundamental misgivings about commercial biotechnology would oppose gene patents. More intriguing is the controversy over gene patenting among those who welcome the commercial development of biotechnology products by private firms. While many proponents of commercial biotechnology assert that gene patents are essential to motivate product development, some have expressed more nuanced views, endorsing patents under some circumstances and condemning them as unnecessary or …

Bridging The Analogy Gap: The Internet, The Printing Press And Freedom Of Speech, Jonathan Wallace, Michael Green

Seattle University Law Review

The Supreme Court will bring the highest degree of clarity to the Internet freedom of speech debate if, in ACLU v. Reno, it sets forth the operative metaphor for freedom of speech and applies the metaphor in conjunction with an appropriate analogy for the technology.Part I of this Article discusses judicial decision-making tools with an emphasis on the use of analogy and the importance of applying legal precedents in a manner which is consistent and logical. Part I also discusses the use of metaphor in judicial decisionmaking and illustrates how operative metaphors for free speech have served to provide …

Genetics, Genetic Testing, And The Specter Of Discrimination: A Discussion Using Hypothetical Cases, Richard H. Underwood, Ronald C. Cadle

Law Faculty Scholarly Articles

A "genetic revolution" is upon us. Techniques for genetic testing have increased in sophistication, and an international effort to map and sequence human DNA—The Human Genome Project ("HGP")—is now well under way. We are beginning to exploit our new found genetic knowledge. Recognition of the relationship between developments in genetic science, law, and public policy, is creeping into the "literature" and into the law school curriculum. Even the popular 60 Minutes television "news magazine" recently did a program on the perils of genetic testing. Still, for lawyers and policymakers at least, the material is not all that accessible.

The following …

Keynote Colloquy: Finding Justice In The Internet Dimension, Hon. Alex Kozinski

Seattle University Law Review

The Internet community—just like all other speech communities—ought to be afforded First Amendment protections. I don't see any reason why Internet speech should be treated any less favorably than other kinds of speech. But the vastly overblown claim that the communications medium somehow deserves to be put outside normal legal constraints--because it's so global, or because it's so different—is self-defeating. It substitutes generalities and sentiments for real thinking. The kind of analysis we've seen at this conference—the kind of debate we've had here—is very useful, because we're talking about the specifics of what legal constraints should be allowed. Not whether …

Diogenes Wanders The Superhighway: A Proposal For Authentication Of Publicly Disseminated Documents On The Internet, Kelly Kunsch

Seattle University Law Review

On the national level, there are proposals to make the Internet the primary, and even the exclusive, means of disseminating certain government information. Concurrently, corporations and other private organizations may adopt a similar approach for their reports and other documents. Intertwined with these official and quasi-official documents are innumerable others created by individuals around the world. With so many documents, there is potential for dissemination of false, biased, and even fraudulent information. This is the source of the authentication problem.

Evidentiary And Constitutional Implications Of Employee Drug Testing Through Hair Analysis, Theresa K. Casserly

Cleveland State Law Review

This note addresses the legal issues affecting hair analysis as a drug detector. Part II outlines a background of hair analysis. Part III presents the scientific controversy that surrounds hair analysis. Part IV addresses cases involving hair analysis. Part V examines the privacy implications of employee drug testing through hair analysis. Part VI overviews statutes which affect this method of employee drug testing.

Salvaging The Communications Decency Act In The Wake Of Aclu V. Reno And Shea V. Reno, Rebecca J. Dessoffy

Cleveland State Law Review

Hundreds of Worldwide Web site providers blackened their pages for forty-eight hours to protest the enactment of the Communications Decency Act of 1996 ("CDA"). The CDA regulates the transmission of sexually explicit material, both obscene and indecent, over the Internet. The CDA protesters claimed the law, designed to protect children, impermissibly infringes on adults' First Amendment rights to send and receive sexually explicit material. This note begins by exploring the challenged provisions of the CDA and the positions of those parties who opposed the CDA in the federal district court declaratory judgment actions. Next, the note examines applicable case precedent …

Cyberspace Must Exceed Its Grasp, Or What's A Metaphor? Tropes, Trips And Stumbles On The Info Highway, Robert C. Cumbow

Seattle University Law Review

This Essay will focus on three metaphors, and show briefly how the arguments that copyright law is “unworkable” in the Internet context are based on a misreading of these metaphors. The first metaphor is the use of the term “cyberspace” to apply to the Internet; the second is the tendency to describe Internet communication as “going” somewhere. Both of these metaphors mistakenly suggest a space in which enforcement—and, indeed, violation—of any law is impossible. The third metaphor is the “wine and bottles” analogy, set forth by John Perry Barlow in his widely circulated article, “The Economy of Ideas," to show …

International Taxation Of Electronic Commerce, Reuven S. Avi-Yonah

Articles

This article submits proposals for taxing the digital economy on the basis of the benefits and single tax principles.

Prenatal Genetic Screening: The Enigma Of Selective Abortion, David Stoller

Journal of Law and Health

This paper examines the issues of pre-natal genetic testing and its ethical and legal concerns. Part II details the scientific techniques involved in pre-natal genetic testing. Part III discusses the Human Genome Project and its influence on the choices available to prospective parents. Part IV analyzes the moral and ethical issues raised by pre-natal genetic screening. Part V presents the legal issues raised by pre-natal genetic screening. Finally, Part VI concludes and offers a prospective on the future of these technologies.

Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman

Faculty Publications

The high cost of health care has led to proposals to reduce wasteful medical technology under Medicare and other payment systems. Professor Mehlman warns that achieving this objective, while laudable in theory, is problematic because of the difficulties of defining, detecting and eliminating technology waste. A particular danger is that, in an effort to reduce waste, patients will be denied not only technologies that are wasteful from the patient's own perspective but technologies that yield net patient benefit. This risk is exacerbated by the Medicare prospective payment system, which rewards hospitals financially in inverse proportion to the amount of care …

An Alternative To Government Regulation And Censorship: Content Advisory Systems For The Internet, C. Dianne Martin, Joseph M. Reagle

Cardozo Arts & Entertainment Law Journal

The explosive growth of online services and access in the United States and other technologically sophisticated nations has resulted in a huge increase of on-line users below the age of eighteen. With this increase, there has been an accompanying surge in the availability of adult oriented content and services. Consequently, a plethora of government policies and industry strategies have emerged that attempt to shield the public, and in particular children, from exposure to content deemed inappropriate.

Due to the competing interests between government control and regulation of content on the one hand, and individual privacy, autonomy, and free speech on …

Product Review: Omnipage Pro 7.0, Al Harrison

Computer Law Review and Technology Journal

No abstract provided.

Efficient, Effective Advocacy In The "Computer Age" Demands The Marriage Of The Work Product Doctrine To Computerized Litigation Databases, Cecilee Price-Huish

Computer Law Review and Technology Journal

The attorney-client relationship is one that often evolves over years of legal representation, which often results in the creation of close working relationships and the development of mutual trust. It is not unusual for an attorney or law firm to represent a client for a number of years, fulfilling many different functions as circumstances require. Within this context, a lawyer's roles may include counselor, mediator and litigator. In the age of the information superhighway, where business is increasingly conducted via computerized systems, it is commonplace for an attorney, during the course of lengthy legal representation, to rely heavily on computerized …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Aggressive Enforcement Of Rights Involving Internet Abuses, William L. Lafuze, Valerie K. Friedrich

Computer Law Review and Technology Journal

The information age, and particularly the development of the Internet and the World Wide Web, has enabled any individual with a personal computer to rapidly acquire information from, and disseminate information to, a worldwide base. Many unlawful activities, such as copyright infringement, may now be practiced in a new environment and manner. Due to several unique aspects of the Internet environment, traditional judicial remedies, such as monetary damages, are ineffectual. Consequently, violations of personal and property rights on the Internet present new challenges for the enforcement of such rights. More aggressive remedies, such as injunction of wrongful activities and impoundment …

The Prevention Of Non-Consensual Access To "Confidential" Health-Care Information In Cyberspace, Howard L. Steele Jr.

Computer Law Review and Technology Journal

The latter half of the twentieth century has seen the decline of the industrial revolution and the rapid transition into an information explosion that has continued to expand at an exponential rate. Unlike the political upheavals of days gone by, this revolution appears to have the potential to dramatically change our society. For example, the advent of the computer and its application in the healthcare setting has changed the face of medicine. Today is a day of miracle drugs, laser surgeries, and telemedicine - all of which found their genesis in computers. Despite the clear advantages created by the ever-expanding …

Cutting Edge Issues In Intellectual Property Law, Herbert J. Hammond, Lisa H. Meyerhoff

Computer Law Review and Technology Journal

No abstract provided.

Courting Cyberspace, Al Harrison

Computer Law Review and Technology Journal

The practice of law requires the creation and management of massive amounts of paperwork. Software that combines the use of templates and macros can assemble documents for the user, rather than the attorney having to type out volumes of documents from scratch. Firms can manage newly-created documents either by using expensive document management software or by taking advantage of their computers' hierarchical file systems. This article discusses various means for assembling and managing legal documents.

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.