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Articles 1 - 22 of 22

Full-Text Articles in Law

Galileo's Revenge: Junk Science In The Courtroom, John F. Baughman May 1992

Galileo's Revenge: Junk Science In The Courtroom, John F. Baughman

Michigan Law Review

A Review of Galileo's Revenge: Junk Science in the Courtroom by Peter W. Huber


Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas Mar 1992

Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas

Michigan Law Review

This Note analyzes contemporary business practices and specific characteristics of the new media, and suggests a judicial response consonant with courts' approaches to the earlier technologies of telegraphy and teletype. Part I examines the effect of the Statute of Frauds and rules of authentication upon contracts formed using these media. It concludes that documents produced by telefacsimile and electronic mail systems should be considered ordinary writings. Part II considers the Best Evidence Rule and argues that telefacsimiles and electronic mail transmissions should be considered the best evidence of the contract they memorialize. Part III evaluates doctrines of liability allocation in …


Criminal Liability For Misconduct In Scientific Research, Susan M. Kuzma Jan 1992

Criminal Liability For Misconduct In Scientific Research, Susan M. Kuzma

University of Michigan Journal of Law Reform

This Article will explore our society's attitude to prosecuting scientific misconduct, the need to consider prosecution in such cases, and the utility of current statutes available for prosecution. To assist the reader in understanding the issues, this Article will provide some background information about misconduct in scientific research and will include a discussion of some specific incidents. These background materials provide a context for my argument that criminal sanctions should be available to punish scientific misconduct. Finally, I propose a federal criminal statute designed specifically for prosecuting scientific misconduct.


Information Liability: New Interpretations For The Electronic Age, 11 Computer L.J. 481 (1992), Blodwen Tarter Jan 1992

Information Liability: New Interpretations For The Electronic Age, 11 Computer L.J. 481 (1992), Blodwen Tarter

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Computer Networks, Libel And The First Amendment, 11 Computer L.J. 555 (1992), Terri A. Cutrera Jan 1992

Computer Networks, Libel And The First Amendment, 11 Computer L.J. 555 (1992), Terri A. Cutrera

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Interactive Multimedia: What Is It, Why Is It So Important And What Do I Need To Know About It?, 11 Computer L.J. 585 (1992), Michael D. Scott, James N. Talbott Jan 1992

Interactive Multimedia: What Is It, Why Is It So Important And What Do I Need To Know About It?, 11 Computer L.J. 585 (1992), Michael D. Scott, James N. Talbott

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


An Eec Policy For Data Protection, 11 Computer L.J. 399 (1992), Peter Blume Jan 1992

An Eec Policy For Data Protection, 11 Computer L.J. 399 (1992), Peter Blume

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Policy, Law, And Facts Of Copyrighting Computer Screen Displays: An Essay, 11 Computer L.J. 371 (1992), I. T. Hardy Jan 1992

The Policy, Law, And Facts Of Copyrighting Computer Screen Displays: An Essay, 11 Computer L.J. 371 (1992), I. T. Hardy

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Invasions Of Privacy And Computer Matching Programs: A Different Perspective, 11 Computer L.J. 461 (1992), Rubin E. Cruse Jr. Jan 1992

Invasions Of Privacy And Computer Matching Programs: A Different Perspective, 11 Computer L.J. 461 (1992), Rubin E. Cruse Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Legal Protection Of Computer Programs In The European Economic Community, 11 Computer L.J. 441 (1992), Christopher Voss Jan 1992

The Legal Protection Of Computer Programs In The European Economic Community, 11 Computer L.J. 441 (1992), Christopher Voss

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Shrink-Wrap Licences In Europe After The Ec Software Directive, 11 Computer L.J. 597 (1992), Graham P. Smith Jan 1992

Shrink-Wrap Licences In Europe After The Ec Software Directive, 11 Computer L.J. 597 (1992), Graham P. Smith

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Civil Remedies For The Victims Of Computer Viruses, 11 Computer L.J. 607 (1992), Susan C. Lyman Jan 1992

Civil Remedies For The Victims Of Computer Viruses, 11 Computer L.J. 607 (1992), Susan C. Lyman

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman Jan 1992

It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman

Seattle University Law Review

This Comment recommends how courts should apply the substantial similarity analysis to user interfaces. Specifically, this Comment (1) delineates the state of the law in the Ninth Circuit and explains how the recent changes should be interpreted with respect to user interfaces; (2) establishes an analytic framework for evaluating proposed substantial similarity tests through the enumeration of a set of goals specific to user interfaces; and (3) uses this analytic framework to evaluate and endorse a test that applies traditional copyright doctrine to a logical and consistent manner.


Telecommunications Regulatory Implications For International Edi Transactions, Aileen A. Pisciotta, James H. Barker Jan 1992

Telecommunications Regulatory Implications For International Edi Transactions, Aileen A. Pisciotta, James H. Barker

Northwestern Journal of International Law & Business

This article provides a general introduction to various telecommunications regulatory issues that should be included in the "calculus" of domestic and international EDI transactions. Part II places EDI generally within the broader context of telecommunications "value added" services, introducing the operational relationship between EDI and telecommunications networks, and the manner in which EDI services may be influenced by global telecommunications regulatory schemes. Particular emphasis is placed upon the United States as a "case study," in order to provide a familiar baseline from which to touch upon broader issues attending the international provision of EDI and other value added services.


European Harmonization Of Data Protection Laws Threatens U.S. Participation In Trans Border Data Flow, George B. Trubow Jan 1992

European Harmonization Of Data Protection Laws Threatens U.S. Participation In Trans Border Data Flow, George B. Trubow

Northwestern Journal of International Law & Business

We are in the midst of "Europe '92," the year when the European Community (EC) is to take on new shape and substance as it seeks transformation to economic and political strategies intended to enhance its position in international trade and commerce. With respect to matters of information processing and transborder data flow, the Council of Europe has prepared a draft directive concerning privacy and security regarding personal information (Privacy Directive). That draft, under consideration by the member states, is of great importance to the rest of the world since it contemplates that EC members will not exchange information with …


International Regulation And Control Of The Production And Use Of Chemicals And Pesticides: Perspectives For A Convention, Hans-Wolfgang Micklitz Jan 1992

International Regulation And Control Of The Production And Use Of Chemicals And Pesticides: Perspectives For A Convention, Hans-Wolfgang Micklitz

Michigan Journal of International Law

A wide variety of instruments and mechanisms for the regulation and control of chemicals and pesticides is already available internationally. What is missing is an analysis that attempts to systematize the different approaches, to create transparency, to define where they overlap, and to discover prospective deficiencies and shortcomings. In order to accomplish this task, this article covers legally binding rules as well as recommendations and codes - the international soft law. The overall purpose is to outline a framework for future international regulation of chemicals and pesticides and to propose an international convention as a possible solution.


Above All, Do No Harm: The Application Of The Exon-Florio Amendment To Dual-Use Technologies, Gerald T. Nowak Jan 1992

Above All, Do No Harm: The Application Of The Exon-Florio Amendment To Dual-Use Technologies, Gerald T. Nowak

Michigan Journal of International Law

In support of this proposition, this Note will first examine the legislative history and executive enforcement of the Exon-Florio Amendment, followed by a discussion of the goals of Exon-Florio and the applicability of Exon-Florio to dual-use technologies. Then, after an examination of the attitudes and experience of the European Community with regards to such protectionism, specifically in France and the United Kingdom, this Note will argue that vigorous enforcement of the Exon-Florio Amendment, and a fortiori passage of the Technology Preservation Act, is likely to result in less, not more, domestic production of dual-use technologies. As a matter of defense …


Electronic Data Interchange Agreements: Private Contracting Toward A Global Environment, Amelia H. Boss Jan 1992

Electronic Data Interchange Agreements: Private Contracting Toward A Global Environment, Amelia H. Boss

Northwestern Journal of International Law & Business

With the growth in the use of electronic communications technologies to communicate important business and trade information, the size of the earth, although it may remain at the present 7,900 miles in diameter, is rapidly shrinking. In a matter of seconds, commercial trade data can be exchanged between parties thousands of miles apart, leading to the establishment of new business relationships. In the emerging new global economy, data, information, goods, and services are being exchanged internationally. No longer are parties to a commercial transaction bound by artificial national boundaries with their accompanying sets of domestic legal rules. Over the past …


Legal Acceptance Of Electronic Documents, Writings, Signatures, And Notices In International Transportation Coventions: A Challenge In The Age Of Global Electronic Commerce, Judith Y. Gliniecki, Ceda G. Ogada Jan 1992

Legal Acceptance Of Electronic Documents, Writings, Signatures, And Notices In International Transportation Coventions: A Challenge In The Age Of Global Electronic Commerce, Judith Y. Gliniecki, Ceda G. Ogada

Northwestern Journal of International Law & Business

This paper surveys a number of international transportation conventions with respect to their treatment of electronic means as acceptable methods of generating documents. In addition, this paper looks at the methods of satisfying the applicable formalities of writing, signature, and notice.


Introduction Symposium: Current Issues In Electronic Data Interchange Jan 1992

Introduction Symposium: Current Issues In Electronic Data Interchange

Northwestern Journal of International Law & Business

N/A


Defining International Electronic Commerce, Jeffrey B. Ritter Jan 1992

Defining International Electronic Commerce, Jeffrey B. Ritter

Northwestern Journal of International Law & Business

Electronic commerce has become a practical reality for thousands of businesses throughout the world. By combining the functional capabilities of computers and telecommunication systems, companies can now exchange information electronically rather than sending and receiving paper documents. In so doing, businesses are achieving remarkable and unparalleled improvements in the accuracy, speed and efficiency with which commercial transactions may be negotiated, confirmed and performed. By eliminating reliance upon paper as the medium through which commerce occurs, new and radically different approaches are emerging regarding how commercial relationships are defined and maintained. Used for international business transactions, the technologies of electronic commerce …


Proprietary Aspects Of Commercial Remote-Sensing Imagery, Patrick A. Salin Jan 1992

Proprietary Aspects Of Commercial Remote-Sensing Imagery, Patrick A. Salin

Northwestern Journal of International Law & Business

This remote-sensing imagery copyright issue will be addressed in two parts: First, the specific aspects of remote-sensing imagery will be assessed in terms of international protection as compared to other space activities having a literary or intellectual content, with a direct and immediate commercial impact. Second, the specific copyright provisions of several bilateral agreements will be scrutinized in a comparative approach and the merits of each of them will be assessed against those of the others. The terms "pictures" and "signals" will be used indistinc- tively in order to identify the same physical elements, i.e. the bits or information elements …