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Articles 1 - 20 of 20
Full-Text Articles in Law
Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain
Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Spirits In A Material World: Intelligent Agents As Intermediaries In Electronic Commerce, Ian R. Kerr
Spirits In A Material World: Intelligent Agents As Intermediaries In Electronic Commerce, Ian R. Kerr
Dalhousie Law Journal
The article provides an in-depth analysis of the contract issues peculiar to automated electronic commerce. The aim of the study is to provide a critical evaluation of the various solutions that might be adopted by a legislature seeking to cure formal defects in agreements that are negotiated and entered into by software programs, independent of human review. The author begins with an examination of the current state of the technology that automates electronic commerce, offering some speculation as to its future development. He then outlines the barriers to automated electronic commerce inherent in traditional contract doctrine. He argues against the …
Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters , Lawrence M. Sung
Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters , Lawrence M. Sung
American University Law Review
No abstract provided.
Courtroom Technology In The 21st Century, Fredric I. Lederer
Courtroom Technology In The 21st Century, Fredric I. Lederer
Popular Media
No abstract provided.
To Innovate Or Not To Innovate, That Is The Question: The Functions, Failures, And Foibles Of The Reward Function Theory Of Patent Law In Relation To Computer Software Platforms , Seth A. Cohen
Michigan Telecommunications & Technology Law Review
The patent system has traditionally been viewed as having two primary functions: the reward function and the prospect function. Although these theories do explain some behavior which results from the practical applications of the patent system, they also overlook some behavior of the patent system which indicates a failure of these functions. In order to properly prevent such failure, this paper proposes that the patent system adopt an orientation that will lead to increased innovative rivalry and competition. In Part I, using the computer operating system software market as an example, I propose a framework for reconceptualizing patent protection as …
Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto
Antitrust Enfocement And High-Technology Markets, William J. Baer, David A. Balto
Michigan Telecommunications & Technology Law Review
Although the antitrust laws apply to all industries, the application must be tempered in each case by the myriad ways in which competition can be modified by structural, behavioral, technological, regulatory, and other characteristics. The Commission applies the antitrust laws with sensitivity to the special characteristics of high-tech industries and of intellectual property, but also with the recognition that--as in other industries--competition plays an important role in spurring innovation and in spreading the benefits of that innovation to consumers. This focus is not new. This balanced approach has roots that go back at least to the 1977 Antitrust Guide to …
Building A Community Through Workplace E-Mail: The New Privacy Frontier, Peter Schnaitman
Building A Community Through Workplace E-Mail: The New Privacy Frontier, Peter Schnaitman
Michigan Telecommunications & Technology Law Review
The relatively new technology of electronic mail (e-mail) presents an entirely new issue of workplace privacy. Currently, whether a person has a privacy interest in their workplace e-mail communications is as unsettled an issue as it has been since the technology emerged in the early part of this decade as the preferred mode of communication in the workplace. Indeed, e-mail may soon be the preferred mode of communication in general. This comment will argue that all e-mail users have a privacy interest in workplace e-mail communications and that the current law does not afford e-mail users any type of protection …
Equality In The Information Age, William E. Kennard
Equality In The Information Age, William E. Kennard
Federal Communications Law Journal
Forum: New Approaches to Minority Media Ownership, Columbia Institute for Tele-Information, Columbia University.
Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond
Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond
Indiana Law Journal
No abstract provided.
Technology As A Panacea: Why Pregnancy-Related Problems Should Be Defined Without Regard To Mitigating Measures Under The Ada, Jessica L. Wilson
Technology As A Panacea: Why Pregnancy-Related Problems Should Be Defined Without Regard To Mitigating Measures Under The Ada, Jessica L. Wilson
Vanderbilt Law Review
In Gabriel v. City of Chicago, the Northern District of Illinois held that, while pregnancy is not a per se disability under the Americans with Disabilities Act ("ADA"),' pregnancy-related problems can be considered disabilities under the ADA. The holding in Gabriel, however, was not unique, as many other district courts have reached the same conclusion regarding pregnancy-related problems. The real question in cases such as Gabriel is whether the pregnancy-related problem at issue constitutes a disability under the ADA. This question requires an analysis of whether the pregnancy-related problem is a physical impairment that substantially limits a major life activity …
Technology And The Right To Privacy: The Convergence Of Surveillance And Information Privacy Concerns, Thomas B. Kearns
Technology And The Right To Privacy: The Convergence Of Surveillance And Information Privacy Concerns, Thomas B. Kearns
William & Mary Bill of Rights Journal
While the privacy concerns raised by advances in surveillance and information technologies are widely recognized, recent developments have led to a convergence of these technologies in many situations, presenting new challenges to the right to privacy. This Note examines this convergence of surveillance and information technologies and its potential impact on individual privacy interests.
The Note first discusses the right to privacy, personal information, and surveillance technology separately, noting ways that new technologies create privacy concerns. The Note then describes the merging of surveillance and information technologies and the resulting convergence of two formerly distinct privacy issues. Finally, the Note …
To Net Or Not To Net: Singapore’S Regulation Of The Internet, Sarah B. Hogan
To Net Or Not To Net: Singapore’S Regulation Of The Internet, Sarah B. Hogan
Federal Communications Law Journal
Internet access has become almost commonplace, as has the unfettered exchange of ideas through cyberspace. Several nations, Singapore among them, have attempted to control their citizens’ Internet access in order to preserve and protect a desired national culture. A brief overview of the technological means of Internet censorship reveals a hidden truth: If Singapore truly wishes to become the technological giant of the East, the government will have to sacrifice its desire to control Internet content.
The 1996 United Nations' Commission On International Trade Law Model Law On Electronic Commerce And Guide To Enactment, Houston Putnam Lowry
The 1996 United Nations' Commission On International Trade Law Model Law On Electronic Commerce And Guide To Enactment, Houston Putnam Lowry
ILSA Journal of International & Comparative Law
The United Nations' Commission on International Trade Law (hereinafter UNCITRAL) was formed by the United Nations General Assembly in 1966
Introduction: Technology, Competition, And The Consumer, Sanford Yosowitz
Introduction: Technology, Competition, And The Consumer, Sanford Yosowitz
Canada-United States Law Journal
The Impact of Technological Change in the Canada/U.S. Context
Re-Conceptualizing The Relationship Between Legal Ethics And Technological Innovation In Legal Practice: From Threat To Opportunity, Richard Zorza
Re-Conceptualizing The Relationship Between Legal Ethics And Technological Innovation In Legal Practice: From Threat To Opportunity, Richard Zorza
Fordham Law Review
No abstract provided.
Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.
Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price
Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price
Articles
No abstract provided.
Taking Control Of Technology: What Small Firm Decision Makers Need To Know, Gary A. Munneke
Taking Control Of Technology: What Small Firm Decision Makers Need To Know, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
For firms that want to take control of their technology, the first question to ask is what applications does the office need? This question should precede debates about what hardware and software to acquire, because the choice of applications will drive the choice of products. To start anywhere else is to allow the tail to wag the dog.
Digital Technology And Copyright: A Threat Or A Promise - Introduction, Michael J. Meurer
Digital Technology And Copyright: A Threat Or A Promise - Introduction, Michael J. Meurer
Faculty Scholarship
On November 14, 1998, Franklin Pierce Law Center (FPLC), in cooperation with the Kenneth J. Germeshausen Center for the Law of Innovation and Entrepreneurship and the PTC Research Foundation, both of which are headquartered at FPLC, held its Seventh Biennial Intellectual Property System Major Problems Conference. While noteworthy for a broadening in scope over previous conferences - from "patent system major problems" to "intellectual property system major problems" - the seventh biennial conference continues a tradition of scholarship and discussion begun in 1987 by former FPLC professor Homer O. Blair.
The discussions in Professor Blair's inaugural major problems conference focused …
In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer
In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer
All Faculty Scholarship
No abstract provided.