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- UIC John Marshall Journal of Information Technology & Privacy Law (35)
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Articles 31 - 60 of 64
Full-Text Articles in Law
What You See Is Not Always What You Get: Thoughts On The O.J. Trial And The Camera, 14 J. Marshall J. Computer & Info. L. 555 (1996), Roger Cossack
What You See Is Not Always What You Get: Thoughts On The O.J. Trial And The Camera, 14 J. Marshall J. Computer & Info. L. 555 (1996), Roger Cossack
UIC John Marshall Journal of Information Technology & Privacy Law
This commentary is from the unique perspective of Roger Cossack, host of CNN’s “Burden of Proof.” In it, he reflects on the O.J. Simpson trial and the effect televising it had. He concludes that televising the trial revealed the depth of racial conflict that divides our country. This was shown by issues involving pre-trial publicity, control of the courtroom, racism in reporting, the failure of DNA evidence and prior spousal abuse to convince the jury, and the effectiveness of counsel.
Harmonisation Of European Union Privacy Law, 14 J. Marshall J. Computer & Info. L. 411 (1996), Ulrich U. Wuermeling
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.
Discovery Of Computer Stored Documents And Computer Based Litigation Support Systems: Why Give Up More Than Necessary, 14 J. Marshall J. Computer & Info. L. 523 (1996), Patrick R. Grady
UIC John Marshall Journal of Information Technology & Privacy Law
This comment discusses discovery issues related to documents stored on a computer or litigation support system. The basics of computer information storage, business records systems, and litigation support systems are discussed. To eliminate unnecessary discovery, this comment suggests the creation of a record retention system that takes into consideration the company’s need of efficient storage, archival of information, and destruction of documents no longer legally required to be kept. An in-house counsel’s ethical considerations for document destruction are also discussed, as well as his or her ability to protect litigation support systems from unnecessary discovery with the work product privilege.
Intellectual Property Protection Of Software: International Perspectives: Foreword, 14 J. Marshall J. Computer & Info. L. 657 (1996), Donald P. Reynolds
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.
Software Protection Against Third Parties In Belgium, 14 J. Marshall J. Computer & Info. L. 661 (1996), Philipe Péters, Florence Verhoestraete
Software Protection Against Third Parties In Belgium, 14 J. Marshall J. Computer & Info. L. 661 (1996), Philipe Péters, Florence Verhoestraete
UIC John Marshall Journal of Information Technology & Privacy Law
On June 30, 1994, Belgium became the first nation in Europe that incorporated Directive 91/250/EEC into a specific law, the "Software Act." Unlike many other countries that deal with copyright issues involving software, Belgium enacted the Software Act to satisfy the practical and specific need to protect software. In this introductory article on Belgium’s protection of software, the author discusses the main provisions of the Software Act while making reference to the Copyright Act since computer programs are also protectable through patent, trademark or unfair competition laws. In furthering its commitment under the Berne Convention, Belgium enacted the Software Act …
1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 14 J. Marshall J. Computer & Info. L. 563 (1996), Gary L. Gassman
UIC John Marshall Journal of Information Technology & Privacy Law
This is a Bench memorandum for the 1995 John Marshall National Moot Court Competition in Information Technology and Privacy Law. It is an interlocutory appeal from a circuit court’s denial of the defendant’s motion to dismiss the plaintiff’s defamation action. The facts include the defendant, Robert Jacobs, posting an allegedly defamatory comment aimed at the plaintiff, Jennifer Fetty on an online discussion board during a debate on abortion. Both reside in Illinois, but the comment was read and replied to by David Bornmann, a resident of the State of Marshall. The issues include whether defendant is subject to personal jurisdiction …
Intellectual Property Protection Of Software In Ireland, 14 J. Marshall J. Computer & Info. L. 717 (1996), Francis Hackett
Intellectual Property Protection Of Software In Ireland, 14 J. Marshall J. Computer & Info. L. 717 (1996), Francis Hackett
UIC John Marshall Journal of Information Technology & Privacy Law
There are over eight thousand people in Ireland employed in the software industry by several multinational corporations, including Microsoft, Novell, Lotus and Corel. Although there has not yet been much Irish case law addressing the protection of computer software, there are adequate statutory protections in place. The Directive on the Legal Protection of Computer Programs (“Regulations”) provides copyright protection for all original computer programs. Ideas and underlying principles are not protected by copyright under the Regulations but the English High Court has clarified this general rule by stating detailed ideas may be copyrighted. The Regulations provide some exclusive rights to …
1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 14 J. Marshall J. Computer & Info. L. 595 (1996), Aaron Reber, Todd Schrader, Rachelle Zidar
1995 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 14 J. Marshall J. Computer & Info. L. 595 (1996), Aaron Reber, Todd Schrader, Rachelle Zidar
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Intellectual Property Protection Of Software In Canada, 14 J. Marshall J. Computer & Info. L. 673 (1996), A. David Morrow, P. Bradley Limpert
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 scope …
The Protection Of Computer Software In The People's Republic Of China: Current Law & Case Developments In The "One-Copy" Country, 14 J. Marshall J. Computer & Info. L. 695 (1996), Geoffrey T. Willard
The Protection Of Computer Software In The People's Republic Of China: Current Law & Case Developments In The "One-Copy" Country, 14 J. Marshall J. Computer & Info. L. 695 (1996), Geoffrey T. Willard
UIC John Marshall Journal of Information Technology & Privacy Law
Since late 1970s, the Chinese economy has grown tremendously. Meanwhile, its intellectual property has also improved as a consequence of foreign pressures on the so-called “one-copy” country. China protects computer software under its copyright law, but the protection contains numerous loopholes which render its broad purpose meaningless. While the Act protects software in general, specific aspects of that protection are treated separately. The Act also creates exceptions and uses ambiguous terms to give the government leeway to reap fruits of software engineers without compensating it. In analyzing litigated software infringement cases, the author, though praising the impact of the decisions, …
Intellectual Property Protection For Software In Spain, 14 J. Marshall J. Computer & Info. L. 767 (1996), Hugo Ecija
Intellectual Property Protection For Software In Spain, 14 J. Marshall J. Computer & Info. L. 767 (1996), Hugo Ecija
UIC John Marshall Journal of Information Technology & Privacy Law
The author provides a brief overview of Spain’s intellectual property protection of software. The author discusses Act 22/87 which is the foundation of copyright law in Spain and regulates all kinds of works; literary, artistic, and scientific. In Spain, copyright laws protect computer programs as literary works. The broad definition of a "computer program" includes the object code as well as the source code, operating system programs, the microcode within the central processing unit, and the programming language and interface. As a member of the European Community (EC), Spain enacted "Directive 91/250" for legal protection of computer programs. The author …
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
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.
Software Protection In The Commonwealth Of Puerto Rico, 14 J. Marshall J. Computer & Info. L. 745 (1996), Diego A. Ramos
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 …
Computer Software Protection In The Netherlands, 14 J. Marshall J. Computer & Info. L. 725 (1996), Jaap H. Spoor
Computer Software Protection In The Netherlands, 14 J. Marshall J. Computer & Info. L. 725 (1996), Jaap H. Spoor
UIC John Marshall Journal of Information Technology & Privacy Law
This article provides an overview of the laws currently in use for the protection of the intellectual property of software in the Netherlands. The analysis focuses primarily on all aspects of copyright law, which include sources of copyright law, protectable subject matter, ownership and transfer of copyright and licensing, economic rights and user's prerogatives, moral rights, copyright infringement in computer software and remedies for infringement. The article also briefly discusses other methods of protection for the intellectual property of computer software in the Netherlands, including patents, trade secrets, semiconductor chip protection and trademarks.
Learning To Love "The Ultimate Peripheral" - Virtual Vices Like "Cyberprostitution" Suggest A New Paradigm To Regulate Online Expression, 14 J. Marshall J. Computer & Info. L. 779 (1996), D. James Nahikian
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
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.
Toward A Pragmatic Model Of Judicial Decisionmaking: Why Tort Law Provides A Better Framework Than Constitutional Law For Deciding The Issue Of Medical Futility, Brent D. Lloyd
Seattle University Law Review
Recognizing that courts will eventually have to confront the issue of medical futility, this Comment argues that there is no principled basis for omitting these difficult questions from a legal analysis of the issue and that courts should therefore decide the issue in a manner that honestly confronts them. Specifically, the argument advanced here is that courts confronted with cases of medical futility should decide the issue under principles of tort law, rather than under principles of constitutional law. The crux of this argument is that tort principles provide an open-ended analytical framework conducive to considering troublesome questions like those …
Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr
Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr
Cleveland State Law Review
There are still many issues to be resolved about the Internet's unique status as a media technology and its legal status under current law. Debate over the propriety, necessity, and legality of anonymous speech has been protracted and pervasive. Indeed, this debate has extended to all corners of the Internet. The main source material for this Note is the recent case of McIntyre v. Ohio Elections Comm'n, in which the Supreme Court confirmed its continuing commitment to preservation of the right to free speech, and interpreted the First Amendment to protect much anonymous speech. This Note will quantify how the …
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Publications
No abstract provided.
The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer
The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer
Seattle University Law Review
This Comment offers a critique of the national security restrictions contained in the United States policy and regulations and the uncertainty they inject into the commercialization of remote sensing imagery. After providing a brief technical description of remote sensing technology and the market realities associated with remote sensing imagery, this Comment analyzes the legislation and regulations affecting the private sector's commercialization and dissemination of remote sensing imagery with a special emphasis on national security concerns. Specifically, it reviews the Clinton Administration's policy with regard to the commercialization of remote sensing imagery, tracing its origins to the international obligations of the …
World Trade And The Environment: The Cafe Case, Eric Phillips
World Trade And The Environment: The Cafe Case, Eric Phillips
Michigan Journal of International Law
This Note examines the CAFE case in the context of the debate over trade and the environment. It argues that the panel decision has aspects that support the notion that the international trading system can be compatible with efforts to protect the environment, and also has aspects that demonstrate that these do indeed clash, limiting efforts to protect the environment. Part I of this Note describes the CAFE law and places it in the context of domestic and international efforts to prevent global warming. Part II examines the panel's decision, arguing that the panel acted well within the scope of …
Choice, Conscience, And Context, Mary Crossley
Choice, Conscience, And Context, Mary Crossley
Articles
Building on Professor Michael H. Shapiro's critique of arguments that some uses of new reproductive technologies devalue and use persons inappropriately (which is part of a Symposium on New Reproductive Technologies), this work considers two specific practices that increasingly are becoming part of the new reproductive landscape: selective reduction of multiple pregnancy and prenatal genetic testing to enable selective abortion. Professor Shapiro does not directly address either practice, but each may raise troubling questions that sound suspiciously like the arguments that Professor Shapiro sought to discredit. The concerns that selective reduction and prenatal genetic screening raise, however, relate not to …
Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg
Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg
Articles
This article revisits the logical and empirical basis for current government patent policy in order to shed light on the competing interests at stake and to begin to assess how the system is operating in practice. Such an inquiry is justified in part by the significance of federally-sponsored research and development to the overall U.S. research effort. Although the share of national expenditures for research and development borne by the federal government has declined since 1980, federal funding in 1995 still accounted for approximately thirty-six percent of total national outlays for research and development' and nearly fifty-eight percent of outlays …
Last Writes? Re-Assessing The Law Review In The Age Of Cyberspace, Bernard J. Hibbitts
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 …
Race And The New Reproduction, Dorothy E. Roberts
Race And The New Reproduction, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts
A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Biology, Justice, And Women's Fate, Dorothy E. Roberts
Biology, Justice, And Women's Fate, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Patents: Help Or Hindrance To Technology Transfer?, Rebecca S. Eisenberg
Patents: Help Or Hindrance To Technology Transfer?, Rebecca S. Eisenberg
Book Chapters
Intellectual property is a broad heading used to refer to a wide variety of rights associated with inventions, discoveries, writings, artistic works, product designs, and designations of the source of goods and services. Patents and trade secrets are the most important of these sorts of intellectual properties in the field of biotechnology. One aspect of intellectual property that distinguishes it sharply from other forms of property-and for some people makes it harder to justify-is that intellectual properties may be possessed and used by many people simultaneously. This is not so for tangible property. If someone borrows my car, I cannot …
The Cosmological Question: A Response To Milner S. Ball's 'All The Company Of Heaven', Joseph Vining
The Cosmological Question: A Response To Milner S. Ball's 'All The Company Of Heaven', Joseph Vining
Articles
We do not disagree, and I do not doubt, that legal processes are sources of injustice, violent oppression, crushing of the spirit, destruction of lives, actual death. I have only to look at The Trial1 again. Nor do we disagree that there are strings of words, statements, put out by officials, lawyers, and lawyer-academics, often called "rules," that cannot be taken into oneself and that by their very nature evoke manipulation in response, avoidance if they cannot be ignored. In their name violent imposition of pure will occurs all the time, and power is exercised by those who can secure …
Intellectual Property At The Public-Private Divide: The Case Of Large-Scale Cdna Sequencing, Rebecca S. Eisenberg
Intellectual Property At The Public-Private Divide: The Case Of Large-Scale Cdna Sequencing, Rebecca S. Eisenberg
Articles
The Human Genome Project provides fertile ground for studying the role of intellectual property at the wavering boundary between public and private research science. It involves a major commitment of both public and private research funds in an area that is of significant interest both to research scientists working in university and government laboratories and to commercial firms. It thus provides a wealth of new scientific discoveries that are simultaneously potential candidates for commercial development and inputs into further research. Its obvious implications for human health raise the stakes of getting the balance between private property and public access right, …