Law Commons^™

Copyright Protection For Asic Gate Configurations: Plds, Custom And Semicustom Chips, Glynn S. Lunney Jr

Faculty Scholarship

Conventional wisdom holds that computer software and computer hardware require two different species of intellectual property protection. Software is thought best protected by copyright law, while hardware is thought best protected by patent law, trade secret law or the Semiconductor Chip Protection Act of 1984. Recent technological and legal developments blur software-hardware distinctions, as courts have extended copyright protection to object code, firmware and microcode, and patent protection to software. This note argues that the standard industry conceptions of hardware and software are inadequate to answer the legal question of what is copyrightable as a computer program. Furthermore, it considers …

Conflicts Of Law (1989), Sharon N. Freytag, Don D. Bush, James Paul George

Faculty Scholarship

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems in judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1987 through 1988. The survey includes cases from Texas state and federal courts. Excluded are cases involving federal state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent …

Atari Games V. Nintendo: Does A Closed System Violate The Antitrust Laws, Glynn S. Lunney Jr

Faculty Scholarship

As I rushed through the malls this past Christmas, I noticed a new store, one that would not have been possible just a few years ago. It was a Nintendo boutique. I was permitted only to gaze longingly at the games and accessories on display before being pulled away to shop for the things I would actually buy, but I thought it would be fun to return someday and purchase the system and perhaps a few cartridges and accessones.

So, I must admit that my perspective on the Atari v. Nintendo suits will not be that of an unaffected observer, …

Appellate Reversal For Insufficient Evidence In Criminal Cases: The Interaction Of The Proof And The Jury Charge, Malinda L. Seymore, Mark Thielman

Faculty Scholarship

Garrett's disturbing outcome is the most egregious in a series of decisions promulgated by the Texas Court of Criminal Appeals during the past decade. The result is the product of a sufficiency of evidence analysis in which appellate courts compare the evidence presented to the jury charge alone. Such a sufficiency review exceeds the constitutional safeguards announced by the United States Supreme Court. While a state may provide greater rights than those protected by the federal constitution, doing so in this situation represents poor policy and ill-conceived law. This article will explore various methods for analyzing sufficiency of evidence and …

Electronic Technology And The Law Firm Librarian, James Hambleton

Faculty Scholarship

Automating the law firm library requires understanding the culture and structure of the firm, and the abilities to work with systems personnel and to select appropriate software. Mr. Hambleton describes these processes and provides examples.

Managing Information And Libraries In The Electronic Era, James Hambleton

Faculty Scholarship

Computers are being used increasingly in law libraries for both information storage and for retrieval through online searching. This article discusses the effects of this increased use and offers advice for training users and setting up a computer lab.

West's 1989 Texas Rules Of Court - One Step Forward, One Step Back, Jim Paulsen, James Hambleton

Faculty Scholarship

As with many of its other publications, West Publishing Company dominates the Texas market with its "desk copies" of Texas court rules. Over the past few years, those rules have undergone considerable mutation--in color, from white to blue to gray to red--and in length, from one volume to two volumes. There have also been numerous substantive changes. In view of the evolving nature of the "Texas Rules of Court" and the widespread use of these desk books by Texas attorneys, we feel it is about time to chronicle a few of the changes, make some constructive suggestions for improvement and, …