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1996

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Articles 1 - 30 of 65

Full-Text Articles in Law

Revitalizing Environmental Federalism, Daniel C. Esty Dec 1996

Revitalizing Environmental Federalism, Daniel C. Esty

Michigan Law Review

Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local ...


Privileged Use: Has Judge Boudin Suggested A Viable Means Of Copyright Protection For The Nonliteral Aspects Of Computer Software In Lotus Development Corp.V. Borland International , David M. Maiorana Oct 1996

Privileged Use: Has Judge Boudin Suggested A Viable Means Of Copyright Protection For The Nonliteral Aspects Of Computer Software In Lotus Development Corp.V. Borland International , David M. Maiorana

American University Law Review

No abstract provided.


Crimes In The Internet And How They Influence The Law, Rimal Kawtar Slaoui-Hamda Sep 1996

Crimes In The Internet And How They Influence The Law, Rimal Kawtar Slaoui-Hamda

Graduate Student Theses, Dissertations, and Portfolios

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Intellectual Property Issues In Genomics, Rebecca S. Eisenberg Aug 1996

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

Articles

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.


Lmo's: Treasure Chest Or Pandora's Box, Michael Baram Jul 1996

Lmo's: Treasure Chest Or Pandora's Box, Michael Baram

Faculty Scholarship

Biotechnology is beginning to trans- A form agriculture across the globe. After thousands of years of traditional plant and animal breeding, and centuries of mechanization and chemical application, genetic research has opened a Pandora's box of living modified organisms (LMOs) designed to improve the productivity and efficiency of commercial agriculture. A multitude of transgenic crops and animals is now being introduced into commerce by biotechnology companies, and b nations are puzzling out how to appropriate the benefits and manage the risks.

American biotechnology companies and agencies are the leading proponents of using LMOs. They claim that two decades of ...


Risk-Based Regulatory Reform And Public Participation, David A. Wirth May 1996

Risk-Based Regulatory Reform And Public Participation, David A. Wirth

Boston College Law School Faculty Papers

Meaningful public participation has been perceived as difficult to accommodate in regulatory proceedings requiring technical scientific judgments, especially those involving quantitative risk assessments. Quantitative risk assessment, however, is not a purely technical exercise, but instead involves the application of policy preferences in the form of assumptions, extrapolation from animal data to humans and high to low doses, management of incomplete data sets, and resolution of scientific uncertainties. Such junctures at which policy preferences are applied are opportunities to reflect social value choices that are not wholly "scientific." Those opportunities should be explicitly identified as such by the regulator. These considerations ...


The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson May 1996

The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson

Michigan Law Review

A Review of James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society and M. Ethan Katsh, Law in a Digital World


Framing The Issues For Cameras In The Courtrooms: Redefining Judicial Dignity And Decorum, A Wayne Mackay Apr 1996

Framing The Issues For Cameras In The Courtrooms: Redefining Judicial Dignity And Decorum, A Wayne Mackay

Dalhousie Law Journal

This article examines the role of s. 2(b) of the Charter of Rights in determining the role of cameras in Canadian courtrooms. The discussions reveal that arguments in opposition to cameras are largely unfounded and in contradiction to the freedom of expression guarantee. The denial of the right is in reality based on judges' and lawyers' fear of loss of control of the courtroom environment. Cameras should only be banned from courtrooms as part of a total publication ban, and then only after a careful s. 1 analysis


Dishonoring The Honorarium Ban: Exemption For Federal Scientists , Lissa Malloy Nardini Feb 1996

Dishonoring The Honorarium Ban: Exemption For Federal Scientists , Lissa Malloy Nardini

American University Law Review

No abstract provided.


Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson Jan 1996

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.


Genetic Confidentiality: What's The Big Secret?, Paul A. Lombardo Jan 1996

Genetic Confidentiality: What's The Big Secret?, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


Electronic Contracting: Legal Issues, 14 J. Marshall J. Computer & Info. L. 211 (1996), Raymond T. Nimmer Jan 1996

Electronic Contracting: Legal Issues, 14 J. Marshall J. Computer & Info. L. 211 (1996), Raymond T. Nimmer

UIC John Marshall Journal of Information Technology & Privacy Law

In discussing the legal electronic contracting issues, the author gives an in-depth analysis of current UCC provisions in the context of electronic contracting. The author further gives recommendations to the UCC amendments so that the UCC would be adequate to meet the technological challenges of the future. The analysis first addresses the subject matter of electronic contracting before turning to the methods of initiating or responding to electronic messages. Then, there is the electronic data interchange which allows parties to exchange data for direct processing by parties information systems. The technology may have made exchange of data more efficient, but ...


Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina Jan 1996

Commercial Transactions On The Global Information Infrastructure: A European Perspective, 14 J. Marshall J. Computer & Info. L. 269 (1996), Christopher Millard, Robert Carolina

UIC John Marshall Journal of Information Technology & Privacy Law

In an attempt to facilitate a single European marketplace, EU directives tried to amend its laws and regulations to accommodate the ever-advancing technology of the Internet. In tackling the issues, the authors discuss different layers of the Internet as laying the foundation for further analysis. Digital data networks are virtual networks; they are composed of a series of unrelated networks with each potentially owned and operated by different person. While the physical layers of such networks are important, the focus of this article is on the data layer: the layer that packages the data in a very efficient manner. This ...


The High Price Of A Cashless Society: Exchanging Privacy Rights For Digital Cash, 14 J. Marshall J. Computer & Info. L. 303 (1996), Catherine M. Downey Jan 1996

The High Price Of A Cashless Society: Exchanging Privacy Rights For Digital Cash, 14 J. Marshall J. Computer & Info. L. 303 (1996), Catherine M. Downey

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet has lured both shoppers and business people to its online economy. When a user wants to purchase an item from a merchant, he simply sends the bank a special electronic message, encoded with a unique digital signature requesting the money. The bank debits the user’s account and sends “e-cash” to the users computer via the Internet. After receiving the e-cash, the user’s computer transmits it to the merchant’s computer, which verifies the authenticity of the “e-cash” with the bank and credits it to the merchant’s account. This move to a cashless society stretches the ...


Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman Jan 1996

Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman

UIC John Marshall Journal of Information Technology & Privacy Law

The author proposes that current technology has made cryptography an important element in maintaining a society's right to free speech. Cryptography is the process of using secret codes to protect information. This protection increases society's privacy because cryptographers can limit the amount of information that is seen by others. The world is becoming a place where there is virtually no privacy. Everyone is open to surveillance through the Internet, use of a credit card or being filmed on a security camera. Cryptography is a means in which a person can protect his privacy. Through this protection, the author ...


Don't Shoot The Messenger: Protecting Speech On Editorially Controlled Bulletin Board Services By Applying Sullivan Malice, 14 J. Marshall J. Computer & Info. L. 347 (1996), Iris Ferosie Jan 1996

Don't Shoot The Messenger: Protecting Speech On Editorially Controlled Bulletin Board Services By Applying Sullivan Malice, 14 J. Marshall J. Computer & Info. L. 347 (1996), Iris Ferosie

UIC John Marshall Journal of Information Technology & Privacy Law

Courts must determine the standard of liability for Internet Service Providers (ISPs) that proactively edit their Bulletin Board Systems (BBSs) for defamatory content. ISPs are computer services that provide data processing and communication services to customers - individual computer users who subscribe to the ISP's service. BBSs are computer programs that act like a traditional bulletin board. They are centrally located on the ISP's computers, and people who subscribe to the ISP can access that bulletin board to publish (or "post") messages on the board, and read and respond to other people's messages. Some ISPs allow people to ...


Harmonisation Of European Union Privacy Law, 14 J. Marshall J. Computer & Info. L. 411 (1996), Ulrich U. Wuermeling Jan 1996

Harmonisation Of European Union Privacy Law, 14 J. Marshall J. Computer & Info. L. 411 (1996), Ulrich U. Wuermeling

UIC John Marshall Journal of Information Technology & Privacy Law

This article presents a summary of the 1995 European Union Data Protection Directive, including a description of the provisions of the directive, general rules on lawfulness, rights of the individuals, remedies, and affect on the laws of the member states. The historical background and development of the Directive is also covered, including the first data protection laws and activities of the Council of Europe and United Nations.


Computer Legislation: Israel's New Codified Approach, 14 J. Marshall J. Computer & Info. L. 461 (1996), Miguel Deutch Jan 1996

Computer Legislation: Israel's New Codified Approach, 14 J. Marshall J. Computer & Info. L. 461 (1996), Miguel Deutch

UIC John Marshall Journal of Information Technology & Privacy Law

This article presents a description and evaluation of the 1995 Israeli Computer Law including the structure and scope, the protection of computers and programs, computer crimes, computer-assisted crimes, torts, evidence rules regarding the admissibility of computer print-outs and business records, and search and seizure laws.


The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman Jan 1996

The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman

UIC John Marshall Journal of Information Technology & Privacy Law

This article addressed the constitutionality of the Child Pornography Prevention Act of 1995 (Hatch Bill) in regard to computer-generated child pornography. The Bill outlaws a visual depiction that is or appears to be of a minor engaging in sexually explicit conduct. The author claims the comments of David B. Johnson and John C. Scheller regarding the constitutionality of the Bill are analytically flawed because they focus on dicta from New York v. Ferber and Osborne v. Ohio. The author then engages in his own assessment of the Bill using a First Amendment approach and suggests what findings Congress should make ...


Intellectual Property Protection Of Software In Canada, 14 J. Marshall J. Computer & Info. L. 673 (1996), A. David Morrow, P. Bradley Limpert Jan 1996

Intellectual Property Protection Of Software In Canada, 14 J. Marshall J. Computer & Info. L. 673 (1996), A. David Morrow, P. Bradley Limpert

UIC John Marshall Journal of Information Technology & Privacy Law

In Canada, the Criminal Code and the Copyright Act explicitly protect computer software programs while existing patent, trademark/trade secret and fiduciary duty laws also extent their protection to computer software. In this article, the author gives an overview of computer software protection under Canadian laws and analyzes courts’ applications of these laws to software by examining several caselaws. Computer software may be protected as trade secrets and thus may be part of a contractual agreement between parties. In the absence of an explicit agreement, Canadian laws imposes an implied non-disclosure duty on employees concerning trade secrets acquired in the ...


Revising The Freedom Of Information Act For The Information Age: The Electronic Freedom Of Information Act, 14 J. Marshall J. Computer & Info. L. 817 (1996), Jeffrey Norgle Jan 1996

Revising The Freedom Of Information Act For The Information Age: The Electronic Freedom Of Information Act, 14 J. Marshall J. Computer & Info. L. 817 (1996), Jeffrey Norgle

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Foreword: Reflections On Computer Technology And The Law, 15 J. Marshall J. Computer & Info. L. 1 (1996), George B. Trubow Jan 1996

Foreword: Reflections On Computer Technology And The Law, 15 J. Marshall J. Computer & Info. L. 1 (1996), George B. Trubow

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Copying To Compete: The Tension Between Copyright Protection & Antitrust Policy In Recent Non-Literal Computer Program Copyright Infringement Cases, 15 J. Marshall J. Computer & Info. L. 171 (1996), Mark L. Gordon Jan 1996

Copying To Compete: The Tension Between Copyright Protection & Antitrust Policy In Recent Non-Literal Computer Program Copyright Infringement Cases, 15 J. Marshall J. Computer & Info. L. 171 (1996), Mark L. Gordon

UIC John Marshall Journal of Information Technology & Privacy Law

A conflict exists between copyright law and antitrust policy. The conflict arises because pursuant to the Copyright Act, a copyright owner basically has a monopoly on the work's circulation throughout the market. Copyright protection benefits the owner and the public. Antitrust laws have the same goals. However, the antitrust laws balance these goals with competition in the market. Furthermore, computer programs complicate matters because the programs create a different problem than with other types of works. The Copyright Act states that "expression" is copyrightable and "ideas" are not. Computer programs, however, combine expression and ideas. Three types of copying ...


Book Review, Lakshman D. Guruswamy Jan 1996

Book Review, Lakshman D. Guruswamy

Articles

No abstract provided.


Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller Jan 1996

Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller

Articles

No abstract provided.


Intellectual Property Protection Of Software: International Perspectives: Foreword, 14 J. Marshall J. Computer & Info. L. 657 (1996), Donald P. Reynolds Jan 1996

Intellectual Property Protection Of Software: International Perspectives: Foreword, 14 J. Marshall J. Computer & Info. L. 657 (1996), Donald P. Reynolds

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Last Writes? Re-Assessing The Law Review In The Age Of Cyberspace, Bernard J. Hibbitts Jan 1996

Last Writes? Re-Assessing The Law Review In The Age Of Cyberspace, Bernard J. Hibbitts

Articles

This article - the original version of which was published on the author’s website in February 1996, possibly making it the first scholarly article posted online by a law professor before print publication - undertakes a comprehensive re-assessment of the law review from the perspective of the present age of cyberspace. In Part I, I investigate the conditions that initially joined to generate the form, showing how the law review emerged in the late nineteenth and early twentieth centuries as the product of the fortuitous interaction of academic circumstances and improvements in publishing technology. In Part II, I trace the course ...


Software Protection In The Commonwealth Of Puerto Rico, 14 J. Marshall J. Computer & Info. L. 745 (1996), Diego A. Ramos Jan 1996

Software Protection In The Commonwealth Of Puerto Rico, 14 J. Marshall J. Computer & Info. L. 745 (1996), Diego A. Ramos

UIC John Marshall Journal of Information Technology & Privacy Law

This article begins by examining the unique political circumstances of Puerto Rico, as a territory of the United States. It then explains the different federal and national systems that govern patent and copyright protection in Puerto Rico. The article details the conflict between the two systems and outlines the way the federal laws of the United States take precedent over the local laws of Puerto Rico in the areas of copyright and trademark. It analyzes the laws of Puerto Rico which provide protection for "moral rights" in the European tradition, which the United States does not recognize. The article also ...


1996 Computers And Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996), Fred Chilton, Simon Cant, Emma Moloney Jan 1996

1996 Computers And Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996), Fred Chilton, Simon Cant, Emma Moloney

UIC John Marshall Journal of Information Technology & Privacy Law

Global telecommunications are developing in the Asian and Pacific countries. These foreign companies in the telecommunications markets also encounter jurisdictional problems. First, telecommunication developments and the impact of competition on Asian and Pacific countries are examined. A change occurs as the market becomes global. Since governments are privatizing telecommunication monopolies, the governments are becoming regulators of telecommunications rather than providers. Liberalization is the process of opening telecommunication markets to competition. Also, developments in both the Asian countries of Singapore, Japan, Malaysia, India, Indonesia, Philippines, and Taiwan, and the Pacific countries of New Zealand and Australia are explored. As liberalization occurs ...


1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 14 J. Marshall J. Computer & Info. L. 627 (1996), John Matney, Carmen Symes, Laura Underwood Jan 1996

1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 14 J. Marshall J. Computer & Info. L. 627 (1996), John Matney, Carmen Symes, Laura Underwood

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.