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1993

Science and Technology Law

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Articles 1 - 30 of 32

Full-Text Articles in Law

Demonstration And Discussion Of Technological Advances In The Courtroom, Elizabeth L. Browning, Theodore D. Ciccone, Robert M. Parker, Robert F. Ruyak, Fred H. Cate Oct 1993

Demonstration And Discussion Of Technological Advances In The Courtroom, Elizabeth L. Browning, Theodore D. Ciccone, Robert M. Parker, Robert F. Ruyak, Fred H. Cate

Indiana Law Journal

Symposium: Improving Communications in the Courtroom


Sounds Of Silence For The Walkman Generation: Rock Concerts And Noise-Induced Hearing Loss, Eric Daniel Johnson Jul 1993

Sounds Of Silence For The Walkman Generation: Rock Concerts And Noise-Induced Hearing Loss, Eric Daniel Johnson

Indiana Law Journal

No abstract provided.


Whose Genes Are These Anyway?: Familial Conflicts Over Access To Genetic Information, Sonia M. Suter Jun 1993

Whose Genes Are These Anyway?: Familial Conflicts Over Access To Genetic Information, Sonia M. Suter

Michigan Law Review

This Note argues first that courts and legislatures should follow a presumption against mandating disclosure of a person's genetic information to third parties. Second, genetic testing for the benefit of a third party should not, and constitutionally cannot, be compelled. Part I presents an overview of genetics and discusses the special legal and ethical issues genetic testing poses. Part II examines the issue of nonconsensual disclosure to family members, who could potentially use the information from tests that have already been performed. This Part concludes that there should be a presumption against disclosure. Part III examines a related, but different, …


Designating Male Parents At Birth, Jeffrey A. Parness May 1993

Designating Male Parents At Birth, Jeffrey A. Parness

University of Michigan Journal of Law Reform

In focusing on legal designations of male parentage as of the time of birth, this Essay first reviews the methods by which such designations currently are made. The difficulties raised by contemporary methods then will be explored, together with suggested reforms involving laws that could promote earlier, more complete, and more accurate designations of male parentage as of the time of a child's birth.


Format And Content Standards For The Electronic Exchange Of Legal Information, Henry H. Perritt Jr. Mar 1993

Format And Content Standards For The Electronic Exchange Of Legal Information, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Law Office Automation Approaching The Millenium, Ronald W. Staudt Mar 1993

Law Office Automation Approaching The Millenium, Ronald W. Staudt

All Faculty Scholarship

No abstract provided.


Where Have All The Computers Gone? Survey Checks Out Law Firm Usage (With R. Shiels), Ronald W. Staudt Mar 1993

Where Have All The Computers Gone? Survey Checks Out Law Firm Usage (With R. Shiels), Ronald W. Staudt

All Faculty Scholarship

No abstract provided.


Fetal Tissue Research: Legal Regulation Of Human Fetal Tissue Transplantation, Gregory Gelfand, Toby R. Levin Mar 1993

Fetal Tissue Research: Legal Regulation Of Human Fetal Tissue Transplantation, Gregory Gelfand, Toby R. Levin

Washington and Lee Law Review

No abstract provided.


Inheritance Rights Of Cryogenically-Preserved "Preembryos": An Analysis Of Davis V. Davis, Steve Murphy Mar 1993

Inheritance Rights Of Cryogenically-Preserved "Preembryos": An Analysis Of Davis V. Davis, Steve Murphy

Brigham Young University Journal of Public Law

No abstract provided.


A Failure Of Communication: An Argument For The Closing Of The Nyse Floor, Gerald T. Nowak Jan 1993

A Failure Of Communication: An Argument For The Closing Of The Nyse Floor, Gerald T. Nowak

University of Michigan Journal of Law Reform

Part I of this Note describes and analyzes the stock exchange communication process as it has existed in the past and as it currently exists, paying particular attention to the role of the floor broker and the stock specialist.'" Part II examines certain alternatives, evaluating such systems as to their potential as a replacement for the physical exchanges. Part III suggests an SEC rule granting specific exemption from exchange reporting requirements to low-volume automated systems in the hope of spurring innovation in the business of trading securities.


Medición De La Seguridad Jurídica, Horacio M. Lynch Jan 1993

Medición De La Seguridad Jurídica, Horacio M. Lynch

Horacio M. LYNCH

Concurso Asociación de Bancos de la República Argentina (ADEBA).


Dna Evidence: Probability, Population Genetics, And The Courts, David H. Kaye Jan 1993

Dna Evidence: Probability, Population Genetics, And The Courts, David H. Kaye

Journal Articles

To help meet the challenge of presenting properly performed DNA tests within the post-Daubert legal framework, this article outlines the statistical procedures that have been employed or proposed to provide judges and juries with quantitative measures of probative value, describes more fully how the courts have dealt with these procedures, and evaluates the opinions and the statistical analyses from the standpoint of the law of evidence.

Specifically, the article outlines the procedure used to declare whether two samples of DNA "match," and how shrinking the size of the "match window," as some defendants have urged, will decrease the risk of …


Security Requirements And Evidentiary Issues In The Interchange Of Electronic Documents: Steps Toward Developing A Security Policy, 12 J. Marshall J. Computer & Info. L. 425 (1993), Peter N. Weiss Jan 1993

Security Requirements And Evidentiary Issues In The Interchange Of Electronic Documents: Steps Toward Developing A Security Policy, 12 J. Marshall J. Computer & Info. L. 425 (1993), Peter N. Weiss

UIC John Marshall Journal of Information Technology & Privacy Law

As the business world turns from using paper to electronic documents, the security aspects of electronic documents must be examined. No law has dealt with the security of electronic documents. Therefore, guidelines for assessing the relative security of an electronic document compared to its paper counterpart is essential to the continuing success of the electronic document in the business world. Aspects of the legal admissibility of electronic documents follow that of traditional paper documents. A finding that a document, paper or electronic, is genuine and reliable allows it to pass the scrutiny of legal admissibility. In order to prove a …


The Impact Of Nafta On The United States Computer Industry: Why Trade Reforms Will Spark Increased Exports To Mexico, 12 J. Marshall J. Computer & Info. L. 467 (1993), Michelle A. Kaiser Jan 1993

The Impact Of Nafta On The United States Computer Industry: Why Trade Reforms Will Spark Increased Exports To Mexico, 12 J. Marshall J. Computer & Info. L. 467 (1993), Michelle A. Kaiser

UIC John Marshall Journal of Information Technology & Privacy Law

This article focuses on computer industry trade barriers in Mexico that the North American Free Trade Agreement (NAFTA) will eliminate. The two trade barriers that have caused problems for the U.S. in exporting computer products and services into Mexico are high protective tariffs and software piracy. NAFTA is needed by American vendors and manufacturers of computer products and services in order to keep from remaining as outsiders to Mexico’s market. This comment first discusses the background on trade relations between the United States and Mexico. It then demonstrates why NAFTA is essential to increased computer exports into Mexico, which includes …


The Best Mode Requirement In United States Patent Practice In 1993, 12 J. Marshall J. Computer & Info. L. 353 (1993), Kenneth R. Adamo Jan 1993

The Best Mode Requirement In United States Patent Practice In 1993, 12 J. Marshall J. Computer & Info. L. 353 (1993), Kenneth R. Adamo

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses the best mode requirement set forth in section 112 of the United States Patent Act. This requirement is unique to United States patent law and must be satisfied by every utility patent application filed with the United States Patent and Trademark Office. This article then discusses how decisions of the United States Court of Appeals for the Federal Circuit have helped clarify and refine the best mode requirement and its application to patents in the field of computer technology (i.e., In re Hayes Microcomputer Products). Then it discusses how these holdings have made this already difficult area …


E-Law: Legal Issues Affecting Computer Information Systems And System Operator Liability, 12 Computer L.J. 101 (1993), David Loundy Jan 1993

E-Law: Legal Issues Affecting Computer Information Systems And System Operator Liability, 12 Computer L.J. 101 (1993), David Loundy

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Legality Of Disassembly Of Computer Programs, 12 Computer L.J. 1 (1993), David L. Hayes Jan 1993

The Legality Of Disassembly Of Computer Programs, 12 Computer L.J. 1 (1993), David L. Hayes

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Works For Hire Revisited: Aymes V. Bonelli, 12 Computer L.J. 17 (1993), Sue Ganske Mota Jan 1993

Works For Hire Revisited: Aymes V. Bonelli, 12 Computer L.J. 17 (1993), Sue Ganske Mota

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Computer Fraud And Abuse Act - A New Perspective: Let The Punishment Fit The Damage, 12 J. Marshall J. Computer & Info. L. 445 (1993), Joseph P. Daly Jan 1993

The Computer Fraud And Abuse Act - A New Perspective: Let The Punishment Fit The Damage, 12 J. Marshall J. Computer & Info. L. 445 (1993), Joseph P. Daly

UIC John Marshall Journal of Information Technology & Privacy Law

This comment discusses computer virus crimes under the Computer Fraud and Abuse Act of 1986. More specifically, it addresses the inadequate sentencing scheme of this act. The comment first discusses computer viruses in general and the Computer Fraud and Abuse Act. The comment proposes a new sentencing scheme by which individual sentences would be allocated according to the damages caused by a computer virus propagator. It also illustrates the utility of such a scheme in both current criminal and civil law. It then discusses the ways in which computer virus damages can be quantified. The conclusion of this comment is …


An Analysis That Is Not "Ad Hoc": The Bifurcated Uniform Analysis That The Federal Courts Should Follow To Determine Computer Program Copyright Nonliteral Infringement, 12 J. Marshall J. Computer & Info. L. 485 (1993), Michael J. Bendel Jan 1993

An Analysis That Is Not "Ad Hoc": The Bifurcated Uniform Analysis That The Federal Courts Should Follow To Determine Computer Program Copyright Nonliteral Infringement, 12 J. Marshall J. Computer & Info. L. 485 (1993), Michael J. Bendel

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the issues surrounding software copyright protection and the problem of inconsistent court analysis across the country. After reviewing the problems particular to software copyright, the author recommends a new course of court analysis that would bring consistent analysis and decisions to this growing area of law. Courts have begun to examine the scope of protection the Copyright Act grants to computer software beyond the literal text of the software's programming language. Two classifications for computer programs have developed: literal, which focuses on the actual text of the program, and non-literal, which is concerned with organization, structure and …


Recent Developments In Computer Law: An Update, 12 J. Marshall J. Computer & Info. L. 395 (1993), Bradley J. Hulbert Jan 1993

Recent Developments In Computer Law: An Update, 12 J. Marshall J. Computer & Info. L. 395 (1993), Bradley J. Hulbert

UIC John Marshall Journal of Information Technology & Privacy Law

This article provides an overview of case law that had developed in 1993 relating to computers, summarizing cases in the following fourteen areas of the law: 1. Administrative - This section briefs a case holding that the Bush Administration's e-mail records fell within the scope of the Federal Records Act. 2. Anti-trust - This section includes: an overview of a case defining "sham" lawsuits and a summary of a case holding that a large software firm's supplier requirements may define a relevant market for an anti-trust analysis. 3. Civil Procedure - This section gives a brief summary of a case …


Trespassers Will Be Prosecuted: Computer Crime In The 1990s, 12 Computer L.J. 61 (1993), Glenn D. Baker Jan 1993

Trespassers Will Be Prosecuted: Computer Crime In The 1990s, 12 Computer L.J. 61 (1993), Glenn D. Baker

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The New Medium Of Expression: Introducing Virtual Reality And Anticipating Copyright Issues, 12 Computer L.J. 175 (1993), Greg S. Weber Jan 1993

The New Medium Of Expression: Introducing Virtual Reality And Anticipating Copyright Issues, 12 Computer L.J. 175 (1993), Greg S. Weber

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Software Patent Protection: A Problem-Solution Theory For Harmonizing The Precedent, 12 Computer L.J. 25 (1993), Lance L. Vietzke Jan 1993

Software Patent Protection: A Problem-Solution Theory For Harmonizing The Precedent, 12 Computer L.J. 25 (1993), Lance L. Vietzke

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross Jan 1993

Assaying Computer Associates V. Altai: How Will The Golden Nugget Test Pan Out, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Allowing New Technology To Erode Constitutional Protections: A Fourth Amendment Challenge To Non-Consensual Dna Testing Of Prisoners, Sheryl H. Love Jan 1993

Allowing New Technology To Erode Constitutional Protections: A Fourth Amendment Challenge To Non-Consensual Dna Testing Of Prisoners, Sheryl H. Love

Villanova Law Review

No abstract provided.


Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies Jan 1993

Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies

Michigan Journal of International Law

Accelerating deforestation in many tropical countries with the concomitant loss of plant species diversity incites increasing international concern. Until very recently, international environmental law tended to regard natural plant species as a "common heritage," a universal resource immune to private property claims. This common heritage approach to the problem of biodiversity loss has left the majority of plant species in a jurisprudential void, unprotected by property rights and subject to conflicting claims by countries with divergent goals. Unrelieved economic pressures force impoverished peoples in species-rich developing nations to resort to activities that ravage the forests, and the tragedy of biodiversity …


Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman Jan 1993

Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman

Publications

No abstract provided.


Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang Jan 1993

Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang

Northwestern Journal of International Law & Business

These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating innovation" is "a residual mistrust of innovation as a result of years of foreign imperialistic colonization," and of "finding ways to encourage and reward innovation which are congruent with Marxist thought."6 This article asserts that China's traditional culture is probably as inimical to patent …


A-Hohfeld: A Language For Robust Structural Representation Of Knowledge In The Legal Domain To Build Interpretation-Assistance Expert Systems, Layman E. Allen, Charles S. Saxon Jan 1993

A-Hohfeld: A Language For Robust Structural Representation Of Knowledge In The Legal Domain To Build Interpretation-Assistance Expert Systems, Layman E. Allen, Charles S. Saxon

Book Chapters

The A-Hohfeld language is presented as a set of definitions; it can be used to precisely express legal norms. The usefulness of the AHohfeld language is illustrated in articulating 2560 alternative structural interpretations of the four-sentence 1982 Library Regulations of Imperial College and constructing an interpretation-assistance legal expert system for these regulations by means of the general-purpose Interpretation-Assistance legal expert system builder called MINT. The logical basis for A-Hohfeld is included as an appendix.