Law Commons^™

A Common Law For The Ages Of Intellectual Property, Dan Rosen

University of Miami Law Review

This Article maintains that the rapid pace of technological advances requires that courts take an activist posture in intellectual property cases by updating the Copyright Act and the Patent Law instead of awaiting congressional response.

Free Speech And High Tech, Francis Dummer Fisher

Michigan Law Review

A Review of Technologies of Freedom by Ithiel de Sola Pool and Teletext and Videotex in the United States: Market Potential, Technology, Public Policy Issues by John Tydeman, Hubert Lipinski, Richard P. Adler, Michael Nyhan and Laurence Zwimpfer.

Were The Luddites Necessarily Wrong?: A Note On The Constitutionality Of The "New Technology Bill Of Rights"*, Arthur S. Miller

Nova Law Review

There is a war on, but only one side is armed: this is the essence

of the technology question today. On the one side is private

capital, scientized and subsidized, mobile and global, and now

heavily armed with military-spawned command, control, and communication

technologies.

Technology, Unemployment And Genocide, Richard L. Rubenstein

Nova Law Review

The impact of technology on the processes of production affects

every aspect of American life, and most especially the long-range employment

prospects of the American worker.

New Technology: A Catalyst For Crises In Collective Bargaining, Industrial Discipline And Labor Law, Stan Weir

Nova Law Review

Eighty-two San Francisco longshoremen, myself among them,

were fired from their jobs on the same day in 1963.

Extending The Constitutional Right To Privacy In The New Technological Age, Robert S. Peck

Hofstra Law Review

No abstract provided.

Industrial Policy: Diverting Resources From The Winners, Edwin L. Harper, Lehmann K. Li Jr.

Michigan Journal of International Law

This article argues that the various forms of industrial policy currently being proposed are inappropriate for the United States (U.S.). They would fail not only on economic grounds, but on political grounds as well. The article outlines the appropriate role for government in the economy.

Electronic Surveillance, Computers, And The Fourth Amendment - The New Telecommunications Environment Calls For Reexamination Of Doctrine, Arthur R. Landever

Law Faculty Articles and Essays

We are in the midst of a revolution in information collection and telecommunications. Computer networking, the unification of the various telecommunications systems, the establishment of central data banks, and government tracking and profiling of vast numbers of Americans present momentous challenges for our constitutional system. Increasingly, in our evolving culture, an individual enters the public setting in order to conduct his personal life. Fourth Amendment doctrine respecting electronic surveillance, as well as Supreme Court notions of "free choice" and "assumption of risk" must come to grips with this new reality. In the main, the author urges judicial intervention, as the …

Robotics In The Workplace: The Employer's Duty To Bargain Over Its Implementation And Effect On The Worker, Debra J. Zidich

Santa Clara Law Review

No abstract provided.

United States Policy Regarding Technology Transfer To The People's Republic Of China, Elizabeth M. Nimmo

Northwestern Journal of International Law & Business

This Comment will focus on the nature and likely effect of the new United States export licensing rules regulating the transfer of technology to China. Part I will address the history and development of United States export control policy to China. Part II will discuss both the ideo- logical debate over the appropriate China technology transfer policy, and the general licensing procedures under the United States Export Admin- istration Act. Part III will analyze the substantial changes in and practi- cal effect of the new licensing guidelines for China, and the policy reasons behind the changes. Part IV will assess …

Antitrust Issues In The New Video Media, Monroe E. Price, Mark S. Nadel

Articles

No abstract provided.

Computer Abuse: The Emerging Crime And The Need For Legislation, Elizabeth A. Glynn

Fordham Urban Law Journal

Advancements in computerization and the growing use of computers in business, government, education, and the private sector has resulted in the expanding potential for criminal infiltration. The problems of computer crime are in great part attributable to the shortcomings of our criminal laws, which were written long before there was knowledge of computer crimes. Moreover, there is a reluctance of our legal establishments to adapt to the new technology's potential harm. This Note urges that new federal legislation be passed as a means to counteract future computer crimes.

Whither The Future Of Japanese Industrial Development Policies?, Merit E. Janow

Michigan Journal of International Law

This article describes past and present Japanese industrial policies. After discussing the evolution of Japanese industrial policies generally, it addresses the specific instruments of those policies including those intended to assist declining industries as well as those intended to promote the development of new industries. Finally, this article suggests that government guidance of Japan's industrial sector has decreased and is likely to decrease further still in the future.

Technology Diffusion And The Performance Of American Manufacturing: A Propsal For An Industrial Extension Service, Frank Ostroff

Michigan Journal of International Law

The purpose of this article is to propose an Industrial Extension Service modeled upon the Agricultural Extension Service, and suggest how it might effectively address certain fundamental problems hindering the performance of the American manufacturing sector. Part I highlights some probable causes of American manufacturing's declining relative performance. Part II discusses why firms may adopt new technology more slowly than would be optimal. Part III considers the model of the Agricultural Extension Service, pointing out those features that make it attractive and those features that would have to be changed in applying it to the industrial sector. Part III also …

An Alternative To High Tech, Donald E. Dekieffer

Michigan Journal of International Law

In recent years American industry's ability to compete in the international marketplace has appeared to decline. With a decreased world market share and a balance of payments deficit many policymakers have concluded that traditional industry is dying and that it is time to reassess American economic strength in new and more advanced industries, that is, "high-tech" industries. The "failure" of domestic "smokestack" industries producing automobiles, steel, and textiles allegedly supports this view. However, the problems of these industries are attributable to the current structure and climate of international and domestic trade. To offer any realistic solutions, the following issues must …