Law Commons^™

Management And Discovery Of Electronically Stored Information, Lawrence R. Youst, Haejung Lisa Koh

Computer Law Review and Technology Journal

New technology continuously abuts the aged and tried legal principles set forth decades ago. With information creation at every user's personal computer, with access to instant communication through e-mail systems and with the wide-spread use of the Intemet, the legal standards for discovery of information must continually evolve. It is no longer sufficient for a party requesting discovery to seek paper alone. It is also no longer sufficient for a party responding to discovery to review paper files alone in an attempt to satisfy the discovery requests. As we continue to progress in this age of information, a hard copy …

The Assessment Of Expertise: Transcending Construction, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

The Battered Woman Syndrome In The Age Of Science, David L. Faigman, Amy J. Wright

Faculty Scholarship

No abstract provided.

Cyberspace Sovereignty? – The Internet And The International System, Tim Wu

Faculty Scholarship

Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of the Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather.

By linking with the Internet, we don't mean absolute freedom of information. I think there is a general understanding about this. If you go through customs, you have to show your passport. It's the same with management of information. There is no contradiction at all between the development of telecommunications …

The Invisible Barbecue, Eben Moglen

Faculty Scholarship

Past legislation subsidizing the development of infrastructural technology has borne the mark of political corruption. The subject matter of the Telecommunications Act of 1996 falls within the same category of legislation that has fallen prey to this process in the past. In an effort to discern whether such forces are at work today, Professor Moglen undertakes a critical examination of the metaphors that pervade the current scholarly discourse on the subject of telecommunications law. Terms such as "Superhighway," "Broadcasting," and "Market for Eyeballs" reveal a great deal about the implicit assumptions at work behind the current scholarship and legislation, and …

Computer Science Concepts In Copyright Cases: The Path To A Coherent Law, Marci A. Hamilton, Ted Sabety

Articles

No abstract provided.

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 …

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

Kentucky Law Journal

No abstract provided.

Solving The Insurance/Genetic Fair/Unfair Discrimination Dilemma In Light Of The Human Genome Project, Eric Mills Holmes

Kentucky Law Journal

No abstract provided.

The Use Of Forensic Dna In Criminal Cases In Kentucky As Compared With Selected Other States, Judith E. Lewter

Kentucky Law Journal

No abstract provided.

Revitalizing Environmental Federalism, Daniel C. Esty

Michigan Law Review

Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …

The Telecommunications Revolution: Will The Dust Ever Settle?, Oregon Law Institute, Davis Wright Tremaine, Charles L. Best, Sue E. Weiske, William Covington, Simon J. Ffitch, David C. Olson, Mary Burns Tomlinson

Oregon Law Institute, 1996

Course Materials from the November 15, 1996 Program in Portland

Privileged Use: Has Judge Boudin Suggested A Viable Means Of Copyright Protection For The Nonliteral Aspects Of Computer Software In Lotus Development Corp.V. Borland International , David M. Maiorana

American University Law Review

No abstract provided.

Crimes In The Internet And How They Influence The Law, Rimal Kawtar Slaoui-Hamda

Graduate Student Dissertations, Theses, Capstones, and Portfolios

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Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

Articles

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.

Lmo's: Treasure Chest Or Pandora's Box, Michael S. Baram

Faculty Scholarship

Biotechnology is beginning to trans- A form agriculture across the globe. After thousands of years of traditional plant and animal breeding, and centuries of mechanization and chemical application, genetic research has opened a Pandora's box of living modified organisms (LMOs) designed to improve the productivity and efficiency of commercial agriculture. A multitude of transgenic crops and animals is now being introduced into commerce by biotechnology companies, and b nations are puzzling out how to appropriate the benefits and manage the risks.

American biotechnology companies and agencies are the leading proponents of using LMOs. They claim that two decades of costly …

Technology And The Practice Of Law, Oregon Law Institute, Thomas C. Holmes, Gregory A. Miller, David H. Haines, Milton R. Stewart, Richard P. Klau, Peter Mackie, Dee Crocker, Jeffrey N. Barlow, David Aliprandi

Oregon Law Institute, 1996

Course Materials from the June 21, 1996 Program in Portland

The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson

Michigan Law Review

A Review of James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society and M. Ethan Katsh, Law in a Digital World

Framing The Issues For Cameras In The Courtrooms: Redefining Judicial Dignity And Decorum, A Wayne Mackay

Dalhousie Law Journal

This article examines the role of s. 2(b) of the Charter of Rights in determining the role of cameras in Canadian courtrooms. The discussions reveal that arguments in opposition to cameras are largely unfounded and in contradiction to the freedom of expression guarantee. The denial of the right is in reality based on judges' and lawyers' fear of loss of control of the courtroom environment. Cameras should only be banned from courtrooms as part of a total publication ban, and then only after a careful s. 1 analysis

Dishonoring The Honorarium Ban: Exemption For Federal Scientists , Lissa Malloy Nardini

American University Law Review

No abstract provided.

Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber

All Faculty Scholarship

No abstract provided.

Foreword: Commercial Transactions On The Global Information Infrastructure, 14 J. Marshall J. Computer & Info. L. 209 (1996), Brian G. Gilpin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Electronic Contracting: Legal Issues, 14 J. Marshall J. Computer & Info. L. 211 (1996), Raymond T. Nimmer

UIC John Marshall Journal of Information Technology & Privacy Law

In discussing the legal electronic contracting issues, the author gives an in-depth analysis of current UCC provisions in the context of electronic contracting. The author further gives recommendations to the UCC amendments so that the UCC would be adequate to meet the technological challenges of the future. The analysis first addresses the subject matter of electronic contracting before turning to the methods of initiating or responding to electronic messages. Then, there is the electronic data interchange which allows parties to exchange data for direct processing by parties information systems. The technology may have made exchange of data more efficient, but …

Commerce On The Net: Surfing Through Cyberspace Without Getting Wet, 14 J. Marshall J. Computer & Info. L. 247 (1996), Diana J. P. Mckenzie

UIC John Marshall Journal of Information Technology & Privacy Law

It's business as usual: parties transacting business with paper, pens, phone calls, faxes, etc. With the convenience of computers in the market places, however, the business landscape is no longer the same: no more paper or less face-to-face contacts. Cyberspace provides an environment that obliterate physical time and space, but it also brings along risk fertile to create liabilities. In this article, the author attempts to address areas such as advertising; selling of money or goods; direct distributing of digitized products; contracting; intellectual property rights; common law torts and right to privacy on the Internet. At the end, the author …

Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina

UIC John Marshall Journal of Information Technology & Privacy Law

In an attempt to facilitate a single European marketplace, EU directives tried to amend its laws and regulations to accommodate the ever-advancing technology of the Internet. In tackling the issues, the authors discuss different layers of the Internet as laying the foundation for further analysis. Digital data networks are virtual networks; they are composed of a series of unrelated networks with each potentially owned and operated by different person. While the physical layers of such networks are important, the focus of this article is on the data layer: the layer that packages the data in a very efficient manner. This …

The High Price Of A Cashless Society: Exchanging Privacy Rights For Digital Cash, 14 J. Marshall J. Computer & Info. L. 303 (1996), Catherine M. Downey

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet has lured both shoppers and business people to its online economy. When a user wants to purchase an item from a merchant, he simply sends the bank a special electronic message, encoded with a unique digital signature requesting the money. The bank debits the user’s account and sends “e-cash” to the users computer via the Internet. After receiving the e-cash, the user’s computer transmits it to the merchant’s computer, which verifies the authenticity of the “e-cash” with the bank and credits it to the merchant’s account. This move to a cashless society stretches the parameters of current legislation …

Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman

UIC John Marshall Journal of Information Technology & Privacy Law

The author proposes that current technology has made cryptography an important element in maintaining a society's right to free speech. Cryptography is the process of using secret codes to protect information. This protection increases society's privacy because cryptographers can limit the amount of information that is seen by others. The world is becoming a place where there is virtually no privacy. Everyone is open to surveillance through the Internet, use of a credit card or being filmed on a security camera. Cryptography is a means in which a person can protect his privacy. Through this protection, the author states that …

Don't Shoot The Messenger: Protecting Speech On Editorially Controlled Bulletin Board Services By Applying Sullivan Malice, 14 J. Marshall J. Computer & Info. L. 347 (1996), Iris Ferosie

UIC John Marshall Journal of Information Technology & Privacy Law

Courts must determine the standard of liability for Internet Service Providers (ISPs) that proactively edit their Bulletin Board Systems (BBSs) for defamatory content. ISPs are computer services that provide data processing and communication services to customers - individual computer users who subscribe to the ISP's service. BBSs are computer programs that act like a traditional bulletin board. They are centrally located on the ISP's computers, and people who subscribe to the ISP can access that bulletin board to publish (or "post") messages on the board, and read and respond to other people's messages. Some ISPs allow people to post messages …

Patent Reexamination And The Pto: Compton's Patent Invalidated At The Commissioner's Request, 14 J. Marshall J. Computer & Info. L. 379 (1996), Terri Suzette Hughes

UIC John Marshall Journal of Information Technology & Privacy Law

In 1985, two executives at Encyclopedia Britannica, Inc. introduced the idea of a multimedia search system that interfaxed textual and graphical entry paths in a single database. At that time, Encyclopedia Britannica was not interested in publishing its own volumes of encyclopedias in an electronic format. Instead, they decided to make Compton’s Encyclopedia the basis of the proposed multimedia encyclopedia. On August 31, 1993, the PTO issued U.S. patent 5,241,671 for a multimedia search system to fourteen inventors who had previously assigned all their patent rights of the claimed invention to Encyclopedia Britannica. Questions arose about the validity of the …

Harmonisation Of European Union Privacy Law, 14 J. Marshall J. Computer & Info. L. 411 (1996), Ulrich U. Wuermeling

UIC John Marshall Journal of Information Technology & Privacy Law

This article presents a summary of the 1995 European Union Data Protection Directive, including a description of the provisions of the directive, general rules on lawfulness, rights of the individuals, remedies, and affect on the laws of the member states. The historical background and development of the Directive is also covered, including the first data protection laws and activities of the Council of Europe and United Nations.