Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UIC School of Law (1412)
- University of Colorado Law School (787)
- Southern Methodist University (524)
- University of Michigan Law School (514)
- Yeshiva University, Cardozo School of Law (420)
-
- Schulich School of Law, Dalhousie University (381)
- Seattle University School of Law (317)
- American University Washington College of Law (217)
- Maurer School of Law: Indiana University (213)
- Boston University School of Law (180)
- The Catholic University of America, Columbus School of Law (178)
- University of Montana (175)
- UC Law SF (171)
- Santa Clara Law (145)
- Brooklyn Law School (123)
- Duke Law (122)
- Washington and Lee University School of Law (122)
- William & Mary Law School (121)
- Case Western Reserve University School of Law (112)
- Vanderbilt University Law School (105)
- Singapore Management University (101)
- BLR (95)
- University of Washington School of Law (86)
- DePaul University (85)
- Columbia Law School (82)
- University of Miami Law School (77)
- Pepperdine University (75)
- Chicago-Kent College of Law (74)
- Fordham Law School (71)
- Cleveland State University (69)
- Keyword
-
- Technology (482)
- Privacy (286)
- Artificial intelligence (268)
- AI (202)
- Intellectual property (156)
-
- Regulation (153)
- Copyright (152)
- Internet (144)
- Law (127)
- Science and Technology (119)
- Patent law (102)
- Climate change (101)
- Patents (101)
- Artificial Intelligence (98)
- Science (97)
- Innovation (96)
- Patent (92)
- Surveillance (91)
- Data (89)
- Colorado (85)
- Law and Technology (85)
- Biotechnology (82)
- Intellectual Property Law (82)
- United States (77)
- Blockchain (75)
- Fourth Amendment (72)
- Evidence (71)
- Patents & Technology (70)
- Ethics (66)
- First Amendment (61)
- Publication Year
- Publication
-
- UIC John Marshall Journal of Information Technology & Privacy Law (793)
- UIC Review of Intellectual Property Law (548)
- Faculty Scholarship (471)
- SMU Science and Technology Law Review (362)
- Colorado Technology Law Journal (361)
-
- Canadian Journal of Law and Technology (291)
- Seattle University Law Review (245)
- Articles (215)
- Public Land & Resources Law Review (175)
- Cardozo Arts & Entertainment Law Journal (170)
- UC Law Science and Technology Journal (156)
- Santa Clara High Technology Law Journal (143)
- Catholic University Journal of Law and Technology (138)
- Publications (134)
- Computer Law Review and Technology Journal (132)
- Michigan Law Review (110)
- Journal of Law, Technology, & the Internet (101)
- Duke Law & Technology Review (100)
- ExpressO (93)
- Faculty Publications (88)
- Research Collection Yong Pung How School Of Law (88)
- DePaul Journal of Art, Technology & Intellectual Property Law (82)
- Cardozo Law Review (80)
- Scholarly Articles in Law Reviews & Journals (69)
- IP Theory (68)
- Indiana Law Journal (65)
- Articles, Book Chapters, & Popular Press (62)
- Scholarly Articles (60)
- UIC Law Review (59)
- Washington and Lee Law Review (59)
- Publication Type
- File Type
Articles 8041 - 8070 of 8822
Full-Text Articles in Law
World Trade And The Environment: The Cafe Case, Eric Phillips
World Trade And The Environment: The Cafe Case, Eric Phillips
Michigan Journal of International Law
This Note examines the CAFE case in the context of the debate over trade and the environment. It argues that the panel decision has aspects that support the notion that the international trading system can be compatible with efforts to protect the environment, and also has aspects that demonstrate that these do indeed clash, limiting efforts to protect the environment. Part I of this Note describes the CAFE law and places it in the context of domestic and international efforts to prevent global warming. Part II examines the panel's decision, arguing that the panel acted well within the scope of …
Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr
Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr
Cleveland State Law Review
There are still many issues to be resolved about the Internet's unique status as a media technology and its legal status under current law. Debate over the propriety, necessity, and legality of anonymous speech has been protracted and pervasive. Indeed, this debate has extended to all corners of the Internet. The main source material for this Note is the recent case of McIntyre v. Ohio Elections Comm'n, in which the Supreme Court confirmed its continuing commitment to preservation of the right to free speech, and interpreted the First Amendment to protect much anonymous speech. This Note will quantify how the …
Genetic Confidentiality: What's The Big Secret?, Paul A. Lombardo
Genetic Confidentiality: What's The Big Secret?, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer
The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer
Seattle University Law Review
This Comment offers a critique of the national security restrictions contained in the United States policy and regulations and the uncertainty they inject into the commercialization of remote sensing imagery. After providing a brief technical description of remote sensing technology and the market realities associated with remote sensing imagery, this Comment analyzes the legislation and regulations affecting the private sector's commercialization and dissemination of remote sensing imagery with a special emphasis on national security concerns. Specifically, it reviews the Clinton Administration's policy with regard to the commercialization of remote sensing imagery, tracing its origins to the international obligations of the …
Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg
Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg
Articles
This article revisits the logical and empirical basis for current government patent policy in order to shed light on the competing interests at stake and to begin to assess how the system is operating in practice. Such an inquiry is justified in part by the significance of federally-sponsored research and development to the overall U.S. research effort. Although the share of national expenditures for research and development borne by the federal government has declined since 1980, federal funding in 1995 still accounted for approximately thirty-six percent of total national outlays for research and development' and nearly fifty-eight percent of outlays …
Intellectual Property At The Public-Private Divide: The Case Of Large-Scale Cdna Sequencing, Rebecca S. Eisenberg
Intellectual Property At The Public-Private Divide: The Case Of Large-Scale Cdna Sequencing, Rebecca S. Eisenberg
Articles
The Human Genome Project provides fertile ground for studying the role of intellectual property at the wavering boundary between public and private research science. It involves a major commitment of both public and private research funds in an area that is of significant interest both to research scientists working in university and government laboratories and to commercial firms. It thus provides a wealth of new scientific discoveries that are simultaneously potential candidates for commercial development and inputs into further research. Its obvious implications for human health raise the stakes of getting the balance between private property and public access right, …
The Cosmological Question: A Response To Milner S. Ball's 'All The Company Of Heaven', Joseph Vining
The Cosmological Question: A Response To Milner S. Ball's 'All The Company Of Heaven', Joseph Vining
Articles
We do not disagree, and I do not doubt, that legal processes are sources of injustice, violent oppression, crushing of the spirit, destruction of lives, actual death. I have only to look at The Trial1 again. Nor do we disagree that there are strings of words, statements, put out by officials, lawyers, and lawyer-academics, often called "rules," that cannot be taken into oneself and that by their very nature evoke manipulation in response, avoidance if they cannot be ignored. In their name violent imposition of pure will occurs all the time, and power is exercised by those who can secure …
To Patent Or Not To Patent: Gene Therapy In The European Union And The United States, Nada Jain
To Patent Or Not To Patent: Gene Therapy In The European Union And The United States, Nada Jain
Cardozo Journal of International and Comparative Law
The note examines the role of patent systems in the biotechnology industry, particularly in gene therapy, comparing the approaches of the EU and the U.S. It highlights how differences in patentability standards, such as the exclusion of treatment methods in the EU versus broader protections in the U.S., impact innovation and investment. The analysis emphasizes the need for balanced patent policies that foster innovation while addressing ethical concerns.
Toward A Pragmatic Model Of Judicial Decisionmaking: Why Tort Law Provides A Better Framework Than Constitutional Law For Deciding The Issue Of Medical Futility, Brent D. Lloyd
Seattle University Law Review
Recognizing that courts will eventually have to confront the issue of medical futility, this Comment argues that there is no principled basis for omitting these difficult questions from a legal analysis of the issue and that courts should therefore decide the issue in a manner that honestly confronts them. Specifically, the argument advanced here is that courts confronted with cases of medical futility should decide the issue under principles of tort law, rather than under principles of constitutional law. The crux of this argument is that tort principles provide an open-ended analytical framework conducive to considering troublesome questions like those …
Ice Patch On The Information Superhighway: Foreign Liability For Domestically Created Content, Alexander Gigante
Ice Patch On The Information Superhighway: Foreign Liability For Domestically Created Content, Alexander Gigante
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Digital Performance Right In The Sound Recordings Act Of 1995: Can It Protect U.S. Sound Recording Copyright Owners In A Global Market?, Rebecca F. Martin
The Digital Performance Right In The Sound Recordings Act Of 1995: Can It Protect U.S. Sound Recording Copyright Owners In A Global Market?, Rebecca F. Martin
Cardozo Arts & Entertainment Law Journal
No abstract provided.
It Started With Quinlan: The Ever Expanding 'Right To Die', Yale Kamisar
It Started With Quinlan: The Ever Expanding 'Right To Die', Yale Kamisar
Articles
Few rallying cries sound more straightforward than the "right to die"-but few are more fuzzy or more misunderstood. This becomes all too evident when comparing the right-to-die decision handed down by the U.S. Ninth Circuit Court of Appeals earlier this month and the New Jersey Supreme Court's decision in the Karen Ann Quinlan case twenty years ago. At different times, the "right to die" has embraced significantly different rights. On March 6, in Compassion in Dying v. Washington State, the Ninth Circuit held that because a Washington state statute prohibiting assisted suicide prevents physicians from providing assistance to competent, terminally …
Book Review, Lakshman D. Guruswamy
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Publications
No abstract provided.
Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren
Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren
Cardozo Arts & Entertainment Law Journal
No abstract provided.
[email protected] - “Owning A Bitchin’ ” Corporate Trademark As An Internet Address - Infringement?, James West Marcovitz
[email protected] - “Owning A Bitchin’ ” Corporate Trademark As An Internet Address - Infringement?, James West Marcovitz
Cardozo Law Review
Is the unauthorized use of a famous trademark as an Internet address infringement? In other words, to what extent may an individual, business, or corporation use another's trade or service mark. The Lanham Act prohibits the use of "any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services ... [which] is likely to cause confusion" as to the source of the goods or services in question. This Note examines whether the Lanham Act, in its current form, can be used to enjoin the …
A New Use For An Old License: Who Owns The Right?, Barbara D. Griff
A New Use For An Old License: Who Owns The Right?, Barbara D. Griff
Cardozo Law Review
In order to establish this referential background, this Note begins in Part I with a look at historic new use cases focusing on whether a grant of dramatic rights included motion picture rights, whether a grant of silent motion picture rights included rights to talkies, and whether motion picture rights included television rights. Part I continues with a survey of the current landscape and provides an overview of cases involving a grant of motion picture or television rights seeking to include videocassette rights when the original contract was signed prior to the invention or popularization of the video cassette recorder …
Legal Assistants In The Computer Age, Oregon Law Institute, Terrie I. Murray, Sandra G. Peterson, Karen Larsen, Bernard F. Stea, Dee Crocker, Peter Mackie, Jeff Van Duzer, Bob Blackstone, Kelly A. Fitzsimmons, Alan Hanawalt, Gregory Miller, Terry Williams, Catherine Teach-Schmitz
Legal Assistants In The Computer Age, Oregon Law Institute, Terrie I. Murray, Sandra G. Peterson, Karen Larsen, Bernard F. Stea, Dee Crocker, Peter Mackie, Jeff Van Duzer, Bob Blackstone, Kelly A. Fitzsimmons, Alan Hanawalt, Gregory Miller, Terry Williams, Catherine Teach-Schmitz
Oregon Law Institute, 1995
Course Materials from the June 23, 1995 Program in Portland
Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece
Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece
Michigan Telecommunications & Technology Law Review
The world economy is experiencing a technological revolution, fueled by rapid advances in microelectronics, optics, and computer science, that in the 1990s and beyond will dramatically change the way people everywhere communicate, learn, and access information and entertainment. This technological revolution has been underway for about a decade. The emergence of a fully-interactive communications network, sometimes referred to as the "Information Superhighway," is now upon us. This highway, made possible by fiber optics and the convergence of several different technologies, is capable of delivering a plethora of new interactive entertainment, informational, and instructional services that are powerful and user-friendly. The …
Calming Aids Phobia: Legal Implications Of The Low Risk Of Transmitting Hiv In The Health Care Setting, American Bar Association Aids Coordinating Committee
Calming Aids Phobia: Legal Implications Of The Low Risk Of Transmitting Hiv In The Health Care Setting, American Bar Association Aids Coordinating Committee
University of Michigan Journal of Law Reform
Scientists are concluding that the risk of becoming infected with the virus that causes AIDS based on transmission from an infected health care worker is infinitesimal: in fact, only one health care worker has ever been documented as the source of HN transmission to a patient. This Article sets forth the medical evidence concerning this low risk and argues that legal decision making should incorporate these facts into its analysis of legal problems involving HN-infected health care workers. The Article analyzes three areas of such legal decision making: (1) employment and related credentialing of HN-infected health care workers; (2) liability …
Constitutional Misconceptions, Radhika Rao
Constitutional Misconceptions, Radhika Rao
Michigan Law Review
A Review of Children of Choice: Freedom and the New Reproductive Technologies by John A. Robertson
Gestational Surrogacy: Legal Implications Of Reproductive Technology, Erika Hessenthaler
Gestational Surrogacy: Legal Implications Of Reproductive Technology, Erika Hessenthaler
North Carolina Central Law Review
No abstract provided.
Ideology Between Fiction And Fantasy, Slavoj Zizek
Ideology Between Fiction And Fantasy, Slavoj Zizek
Cardozo Law Review
In his movie version of Franz Kafka's The Trial, Orson Welles accomplished an exemplary anti-obscurantist operation by way of reinterpreting the place and the function of the famous parable on "the door of the Law." In the film, we hear it twice: at the very beginning, it serves as a kind of prologue, read and accompanied by (faked) ancient engravings projected from lantern-slides; then, shortly before the end, it is told to Josef K., not by the priest (as in the novel), but by K.'s lawyer (played by Welles himself) who unexpectedly joins the priest and K. in the …
Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld
Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld
Articles
No abstract provided.
The Obsolescence Of Wall Street: A Contextual Approach To The Evolving Structure Of Federal Securities Regulation, Joel Seligman
The Obsolescence Of Wall Street: A Contextual Approach To The Evolving Structure Of Federal Securities Regulation, Joel Seligman
Michigan Law Review
As a matter of analytical style, this article illustrates a contextualist approach. For a considerable period of time, the dominant analytical style in corporate and securities .law has been a variant of economic, or law and economics, analysis. The virtue of this type of analysis is that it focuses on what its authors deem to be crucial variables and reaches conclusions derived from the core of a specific legal problem. The defect of this type of analysis is that so much is assumed or often assumed away.
Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein
UIC John Marshall Journal of Information Technology & Privacy Law
This article examines the issues inherent in patenting software-related inventions, particularly where mathematical algorithms are concerned. Software-related inventions are difficult to patent because they often contain mathematical algorithms, and mathematical algorithms are not patentable subject matter. The PTO recognizes that this approach -- simply identifying the algorithm-containing software as non-patentable -- precludes the need to address the more difficult test of whether software-related inventions are new or not obvious over prior art. The author proposes an improved examination procedure to replace the PTO's current three-step test. The existing PTO examination procedure entails determining whether the claim merely recites a mathematical …
Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel
Don't Get Caught In The Net: An Intellectual Property Practitioner's Guide To Using The Internet, 13 J. Marshall J. Computer & Info. L. 373 (1995), Mark A. Kassel, Joanne Keane Kassel
UIC John Marshall Journal of Information Technology & Privacy Law
The 'Net, AKA the Internet, has quickly become one of the most efficient and prevalent forms of communication. By linking through a common protocol, the Internet connects computer networks worldwide and provide seamless access to information. In this introductory guide to the Internet, the author takes readers -- IP practitioners, general legal practitioners, etc. -- on a tour of the Internet. The Internet began as part of the Defense Department's networking research in 1969 by the Advanced Research Projects Agency. In a program called ARPANET, the military attempted to design a interlinking computer networks that provides widespread connectivity without the …
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 13 J. Marshall J. Computer & Info. L. 481 (1995), Gary L. Gassman
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 13 J. Marshall J. Computer & Info. L. 481 (1995), Gary L. Gassman
UIC John Marshall Journal of Information Technology & Privacy Law
This bench memorandum details the issues from both the plaintiff's and defendant's perspective in a case involving computer-generated child pornography available on the Internet. The following is a brief statement of the facts: The defendant, George Gress, owns a photography studio in which he specializes in photographing child models for department store and mail-order catalogues. Gress is also an amateur computer programmer and operator ("sysop") of an electronic bulletin board system (BBS) that is accessible over the Internet. Appearing on Gress' BBS is an interactive sex program titled "Kid Stuff," which displays images of young children and allows users to …
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 13 J. Marshall J. Computer & Info. L. 505 (1995), Jeffrey Gold, Anne Gurnsey, Joseph Horzepa
1994 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 13 J. Marshall J. Computer & Info. L. 505 (1995), Jeffrey Gold, Anne Gurnsey, Joseph Horzepa
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Definite And Permanent Idea - Invention In The Pharmaceutical And Chemical Sciences And The Determination Of Conception In Patent Law, 28 J. Marshall L. Rev. 687 (1995), Jackie Hutter
UIC Law Review
No abstract provided.