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Articles 1 - 5 of 5
Full-Text Articles in Law
Email, Metadata, And Clouds, Oh My! Recent Changes To The Model Rules Of Professional Conduct, Joyce Manna Janto
Email, Metadata, And Clouds, Oh My! Recent Changes To The Model Rules Of Professional Conduct, Joyce Manna Janto
Law Faculty Publications
A discussion of how the 2012 revisions to the Model Rules of Professional Conduct affect the attorney's duties in handling email: encryption, storage, metadata, and confidentiality.
The Individual Inventor Motif In The Age Of The Patent Troll, Christopher A, Cotropia
The Individual Inventor Motif In The Age Of The Patent Troll, Christopher A, Cotropia
Law Faculty Publications
The individual inventor motif has been part of American patent law since its inception. The question is whether the recent patent troll hunt has damaged the individual inventor's image and, in turn, caused Congress, the United States Patent and Trademark Office (USPTO), and the courts to become less concerned with patent law's impact on the small inventor. This Article explores whether there has been a change in attitude by looking at various sources from legislative, administrative, and judicial actors in the patent system, such as congressional statements and testimony in discussions of the recent proposed patent reform legislation, the USPTO …
Once And Future Copyright, James Gibson
Once And Future Copyright, James Gibson
Law Faculty Publications
Copyright is like a well-meaning but ultimately bothersome friend, eager to help but nearly impossible to get rid of. It attaches indiscriminately to the simplest acts of expression, without regard for whether the author needs or wants its protection. This automatic propertization made sense in the print era, when mass distribution of information was an expensive process rarely undertaken by those with no plans to profit from their creativity. It makes little sense today. The following article shows that copyright's overly solicitous nature is the source of several seemingly unrelated and intractable problems - e.g., closed code, copyright as censorship, …
A Topic Both Timely And Timeless, James Gibson
A Topic Both Timely And Timeless, James Gibson
Law Faculty Publications
Electronic discovery therefore represents one of the most momentous developments in the everyday life of the modern lawyer. Its effect on civil litigators is obvious, but other lawyers need to pay heed to the issue as well. Transactional attorneys, legislative aides, prosecutors, in-house counsel, and anyone else with legal responsibilities must be aware of the consequences of using electronic means of documentation and communication. Even an act as innocuous as sending an e-mail (an act that occurs thirty-one billion times a day7) creates a digital paper trail that is subject to discovery. Delete a client 's e-mails - or close …
Are We Ready For Mediation In Cyberspace?, Joel B. Eisen
Are We Ready For Mediation In Cyberspace?, Joel B. Eisen
Law Faculty Publications
In Part I, I provide a brief model of a hypothetical multiparty environmental mediation proceeding. I describe limits on environmental mediation common to both the online and offline settings, and provide a model for analysis of the hypothetical proceeding. In Parts II and III, I consider limits on online mediation's potential that derive from the electronic character of the proceeding. In Part II, I discuss challenges for online mediation and conclude that such mediation, particularly complex proceedings such as environmental disputes, should be deferred for the time being. In Part III, I discuss additional concerns about the flow of communication …