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Articles 1 - 30 of 107
Full-Text Articles in Law
Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee
Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee
Richmond Journal of Law & Technology
In 1996, Congress passed the Communications Decency Act ("CDA") in an effort to regulate indecent speech on the Internet. Through the CDA, Congress sought to protect children from easily accessible, harmful materials on the Internet. In spirit, the law had noble intentions; however, on its face, the CDA raised serious constitutional questions and was immediately challenged by First Amendment advocates in ACLU v. Reno ("Reno I"). Using broad and vague terms such as "indecent" and "patently offensive," the CDA threatened to restrict adult access to a tremendous amount of speech that was constitutionally protected. Additionally, through the imposition of criminal …
Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono
Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono
Richmond Journal of Law & Technology
Any online service provider ("OSP"), including a website operator, that accepts user postings or includes content from other parties on its website or online service is at risk that it will be held liable if such third-party content infringes the copyright of another party. Liability for copyright infringement is an expensive proposition and can run into the millions of dollars. Thus, an OSP must be vigilant in limiting its potential liability in connection with such third-party content.
Y2k …Who Cares? We Have Bigger Problems: Choice Of Law In Electronic Contracts, Aristotle G. Mirzaian
Y2k …Who Cares? We Have Bigger Problems: Choice Of Law In Electronic Contracts, Aristotle G. Mirzaian
Richmond Journal of Law & Technology
Every day it becomes more certain that the Internet will take its place alongside the other great transformational technologies that first challenged, and then fundamentally changed, the way things are done in the world.
Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii
Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii
Richmond Journal of Law & Technology
The United States Patent and Trademark Office (the "PTO") is one of the oldest agencies in the American administrative system. Throughout the history of the United States Court of Appeals for the Federal Circuit ("Federal Circuit") and its predecessor courts, the factual decisions of the PTO administrative boards have been reviewed by the same standard that is applied to decisions of district courts. The standard that has been used is the "clearly erroneous" standard, and its use to review PTO decisions dates back over one hundred years.
Internet Taxes: Congressional Efforts To Control States' Ability To Tax The World Wide Web, Kevin J. Smith
Internet Taxes: Congressional Efforts To Control States' Ability To Tax The World Wide Web, Kevin J. Smith
Richmond Journal of Law & Technology
Every year, increasingly more people use the Internet to purchase goods and services. Internet purchases are expected to exceed $20 billion per year in the near future. By the year 2003, industry experts predict Internet purchases by businesses alone will reach $1.3 trillion. Presently, the majority of Internet sales transactions flow through business to business sites. Internet purchases by consumers are expected to reach $144 billion by the year 2003.
Business Method Patents, John J. Love
Business Method Patents, John J. Love
Richmond Journal of Law & Technology
Good morning, it's a pleasure to be here alive. We just participated in the daily road race from Washington to Richmond that many of you do every day. The first question I've been asked to deal with is why do we have patents? Of course we're very proud of fact that the PTO's origins date back the Constitution itself. In Article I Section 8 of the Constitution, the framers specifically gave Congress the power to grant inventors, for a limited time, the exclusive right to their inventions. So this is not a product of the industrial revolution but dates back …
Deregulation In Maine: The Why And How, William M. Nugent
Deregulation In Maine: The Why And How, William M. Nugent
Richmond Journal of Law & Technology
Maine's retail electricity rates - although (on average) the lowest in New England - were in 1997 (the year Maine passed its restructuring legislation) nearly 40 percent higher than the national average. Industrial customers paid rates 40.4 percent above the U.S. average; commercial 36.9 percent more, and residents (i.e., voters) a whopping 51.3 percent more than residential consumers across the country. Place the risks of investment decisions in the market, where they belong. Technological developments (paralleled by changes in national regulatory policy) have erased the natural monopoly nature of the general portion of the electricity industry. Since regulators are not …
Antitrust And Market Power, Milton A. Marquis
Antitrust And Market Power, Milton A. Marquis
Richmond Journal of Law & Technology
The antitrust laws have been described as the "Magna Carta of free enterprise."
Report From The Court: State Bans Employees From Indecent Internet Activity: U.S. Fourth Circuit En Banc Hearing Of Urofsky V. Gilmore, Julie A. Roscoe
Report From The Court: State Bans Employees From Indecent Internet Activity: U.S. Fourth Circuit En Banc Hearing Of Urofsky V. Gilmore, Julie A. Roscoe
Richmond Journal of Law & Technology
On October 25, 1999 the constitutional debate over a Virginia statute limiting state employees from performing uncensored computer-assisted research resumed before the United States Fourth Circuit Court of Appeals. The case in debate is Urofsky v. Gilmore. The statute affects all Virginia state employees, who amount to over 100,000 people.
The Unfinished Business Of Breaking Up "Ma Bell:" Implementing Local Telephone Competition In The Twenty-First Century, Michael T. Osbourne
The Unfinished Business Of Breaking Up "Ma Bell:" Implementing Local Telephone Competition In The Twenty-First Century, Michael T. Osbourne
Richmond Journal of Law & Technology
Responding to the statutory deadline in the Telecommunications Act of 1996, the Federal Communications Commission (FCC) released its first Local Competition Order (LCO), In Re Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, First Report and Order, CC Docket No. 96-98 (FCC 96-325), on August 8, 1996. Designed to implement local competition nationwide, this Order in nearly 1500 pages promulgated detailed provisions regarding the relationship between the Regional Bell Operating Companies ("RBOCs") (traditional monopoly providers of local telephone service) and new entrants in local telecommunications. This article focuses on several key provisions in the first LCO …
Opening Remarks At The Ninth Annual Austin Owen Symposium, John Plunkett
Opening Remarks At The Ninth Annual Austin Owen Symposium, John Plunkett
Richmond Journal of Law & Technology
Let me say it's a pleasure to be here. It's both a privilege and a pleasure to have the opportunity to speak with you on topics certainly near and dear to my heart having to do with technology. It is a pleasure for me to welcome you to the 9th Annual Austin Owen Lecture, and to welcome you to my alma mater. It's a pleasure for me to be back here on this campus almost weekly, participating in a variety of different activities.
Electric Choice In Pennsylvania, Brian D. Crowe
Electric Choice In Pennsylvania, Brian D. Crowe
Richmond Journal of Law & Technology
Implementing Electric Choice
Market Power And Antitrust Issues In The Restructuring Of The Electric Industry, David L. Cruthirds
Market Power And Antitrust Issues In The Restructuring Of The Electric Industry, David L. Cruthirds
Richmond Journal of Law & Technology
Dynegy is one of the country's leading energy merchants - formerly NGC Corporation and Natural Gas Clearinghouse.
The Extradition Proceedings Against General Pinochet: A Case Study In The Emerging International System Of Criminal Justice, Lee _
Richmond Public Interest Law Review
The ruling of the House of Lords that General Pinochet can be extradited to Spain to stand trial for crimes against humanity lends support to the emerging theory of universal jurisdiction for certain crimes under international law. The following discussion of the elements of General Pinochet's case will show that the international community, by and large, is willing to sacrifice some national sovereignty in order to eradicate torture and other human rights violations. It will do so through an elucidation of the concepts of jus cogens, international ethics, head of state immunity, human rights crimes, universal jurisdiction, and extradition.
Virginia State Bar Committee To Study The Virginia Code Of Professional Responsibility: Substantive Differences Between The Virgina Rules Of Professional Conduct And The Code Of Professional Responsibility, Tom Spahn
Richmond Public Interest Law Review
The Virginia Rules of Professional Conduct contain provisions that: - require Virginia lawyers to take action that is not required under the Code; - prohibit conduct that is permitted by the Code; - permit conduct that is prohibited by the Code; and - permit conduct that is not explicitly permitted by the Code. The following lists describe these four categories of substantive changes. Each change refers to the applicable Rules provision, as well as the relevant Code provision (if any). For more detailed information, please refer to the Detailed Comparison Chart or to the Rules themselves.
Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis
Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis
Richmond Public Interest Law Review
The widespread success of charter school legislation has fostered a perception that charter schooling is apolitical and has clouded our understanding of the politics of the issue. In a case study of Virginia's charter school program, we suggest that three important political variables have been largely overlooked to date. The "weak" form of Virginia's charter school legislation can be attributed in large part to: (1) the schism between the educationally privileged communities of Northern Virginia and those of the rest of the state, (2) the lack of a perceived educational crisis, and (3) the vocal presence of minority opposition. Teacher …
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Richmond Journal of Law and the Public Interest
As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …
The Delivery Of Legal Services Through Multidisciplinary Practices, James M. Mccauley
The Delivery Of Legal Services Through Multidisciplinary Practices, James M. Mccauley
Richmond Journal of Law and the Public Interest
During the last decade, the "Big Six" accounting firms entered into the legal services market overseas by establishing, acquiring, or forming ties with law firms around the world. These entities or business relationships have been called "multidisciplinary practices" or MDPs. Unlike the United States, many European countries do not prohibit partnerships and fee splitting arrangements between lawyers and nonlawyers. The February 1998 issue of the American Bar Association Journal published an article entitled "Squeeze Play" describing a turf war between the major accounting firms and lawyers practicing law in Europe. KPMG Peat Marwick, Arthur Andersen, Ernst & Young, Price Waterhouse, …
Tick, Tick, Tick…The Electoral College, A Ticking Time Bomb, Paul J. Piccard, Ann M. Piccard, Mary M. Piccard
Tick, Tick, Tick…The Electoral College, A Ticking Time Bomb, Paul J. Piccard, Ann M. Piccard, Mary M. Piccard
Richmond Journal of Law and the Public Interest
What can be done about this ticking bomb? Nothing short of a constitutional amendment can stop the clock. Many amendments to change the electoral college system have been proposed.Some have cleared either house of Congress, but not one has reached the states for ratification since the Twelfth Amendment. We consider some possibilities to stop the clock below.
Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis
Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis
Richmond Journal of Law and the Public Interest
The widespread success of charter school legislation has fostered a perception that charter schooling is apolitical and has clouded our understanding of the politics of the issue. In a case study of Virginia's charter school program, we suggest that three important political variables have been largely overlooked to date. The "weak" form of Virginia's charter school legislation can be attributed in large part to: (1) the schism between the educationally privileged communities of Northern Virginia and those of the rest of the state, (2) the lack of a perceived educational crisis, and (3) the vocal presence of minority opposition. Teacher …
Virginia State Bar Committee To Study The Virginia Code Of Professional Responsibility: Substantive Differences Between The Virgina Rules Of Professional Conduct And The Code Of Professional Responsibility, Tom Spahn
Richmond Journal of Law and the Public Interest
The Virginia Rules of Professional Conduct contain provisions that: - require Virginia lawyers to take action that is not required under the Code; - prohibit conduct that is permitted by the Code; - permit conduct that is prohibited by the Code; and - permit conduct that is not explicitly permitted by the Code. The following lists describe these four categories of substantive changes. Each change refers to the applicable Rules provision, as well as the relevant Code provision (if any). For more detailed information, please refer to the Detailed Comparison Chart or to the Rules themselves.
The Misappropriation Theory Under The Chinese Securities Law - A Comparative Study With Its U.S. Counterpart, Wenyan Ma
Richmond Journal of Global Law & Business
The first stock exchange in China, the Shanghai Stock Exchange, opened n December 1990. Since then, China’s securities market has been a journey of unprecedented development. However, the fledgling securities market is troubled by rampant securities fraud, evidence by Chinese officials’ open admission that investment in China’s securities market is very risky because of fraud and corruption. After a tortuous six-year drafting process, on December 29, 1998, the Chinese parliament passed the country’s first national Securities Law (“the Chinese Securities Law”), hoping to regulate the overwhelming fraud and corruption in China’s securities market. The Chinese Securities Law devoted one entire …
Comparative Law As A Comprehensive Approach: A European Tribute To Professor Jack A. Hiller, Bernhard Grossfield
Comparative Law As A Comprehensive Approach: A European Tribute To Professor Jack A. Hiller, Bernhard Grossfield
Richmond Journal of Global Law & Business
An aura of "malaise" hangs over the field of Comparative Law'- sometimes alluded to as the "drama" of Comparative Law (private and public). Indeed, the comparative scholar is often asked whether his work has any practical importance. This is the question he fears most. A German legal philosopher once criticized the whole approach as follows: "Nobody asks what comparative law is and how it should be pursued. Thus, it is less to build a new structure from the laws compared, but to leave an accumulation of raw bricks in a heap that will never be used." Still today it is …
Why Urofsky V. Gilmore Still Fails To Satisfy, Michael D. Hancock
Why Urofsky V. Gilmore Still Fails To Satisfy, Michael D. Hancock
Richmond Journal of Law & Technology
The United States Court of Appeals for the Fourth Circuit appears to have adopted the rule that any speech uttered by a governmental employee, in the course of performing the work for which the employee was hired, is per se not a "matter of public concern." A majority of the court relies on its holdings in DiMeglio v. Haines and Boring v. Buncombe Co. Bd. of Educ. for that proposition. That fact was evident in questioning from the en banc panel of the Fourth Circuit during its rehearing of Urofsky v. Gilmore on October 25, 1999. At issue was the …
The Y2k Problem: Proposed Statute To Guide Triers Of Fact In Determinations Of Negligence, William D. Horgan
The Y2k Problem: Proposed Statute To Guide Triers Of Fact In Determinations Of Negligence, William D. Horgan
Richmond Journal of Law & Technology
Following the coming new year, the Y2K Problem will create problems worldwide. While the exact extent of its harm is open to debate, there is no disagreement over its inevitability. In fact, some computer-related companies (including the makers of Norton Anti-Virus and Quicken for Windows have already been sued for damages arising from allegedly non-Y2K-compliant products. While various actors at all levels of business and government will be subject to legal liability for such malfunctions, this article will examine the legal liability of software producers and engineers under current remedial theories. Software manufacturers are a logical choice for this examination …
The Developing Legal Infrastructure And The Globalization Of Information: Constructing A Framework For Critical Choices In The New Millennium Internet -- Character, Content And Confusion, Tomas A. Lipinski
Richmond Journal of Law & Technology
This paper reviews recent attempts to extend traditional property rights and other information controls and regulations into new media, such as cyberspace, primarily the World Wide Web. It reviews developments in copyright, trademark, trademark dilution, misappropriation, trespass, censorship, tort, privacy and other legal doctrines as they are reflected in recent United States case law and legislation, and to a lesser extent, in international agreements. Legal problems often arise because there is a conflict of viewpoints in how to best characterize space on the Internet, specifically the World Wide Web. Some argue that traditional ownership rights should apply, or perhaps a …
One Professor's Approach To Increasing Technology Use In Legal Education, Shelley Ross Saxer
One Professor's Approach To Increasing Technology Use In Legal Education, Shelley Ross Saxer
Richmond Journal of Law & Technology
Legal educators must increase the use of technology in legal education today Although some legal educators may disagree vehemently with this statement, most have accepted the fact that technology has and will become an even greater part of the fabric of our learning institutions. Students in kindergarten spend some portion of their week in the computer lab. By the time kids reach their middle- and high-school years, many are well-versed in word processing programs, e-mail, and surfing the Internet. Elementary school teachers are trained and encouraged to use multi-media software, the Internet, and other technology in their classrooms because not …
Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor
Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor
Richmond Journal of Law & Technology
"The creation and rapid growth of the Internet have been 'hailed' [as] one of the greatest technological advances in recent history,” remarked one scholar of Internet law and jurisdiction. The Ninth Circuit Court of Appeals characterizes the Internet as "a global network of interconnected computers allow[ing] individuals and organizations around the world to communicate with one another." It is, therefore, not surprising that the Internet impacts every aspect of our daily lives. The Web is the fastest growing part of the Internet, and thus, an important mechanism for commerce. Authors Joseph Zammit and Lynette Herscha explain, "[t]he rapid growth in …
Dna Fingerprinting - Justifying The Special Need For The Fourth Amendment's Intrusion Into The Zone Of Privacy, Deborah F. Barfield
Dna Fingerprinting - Justifying The Special Need For The Fourth Amendment's Intrusion Into The Zone Of Privacy, Deborah F. Barfield
Richmond Journal of Law & Technology
The Fourth Amendment prohibits the government from conducting unreasonable searches and seizures.When claims arise against the government's Fourth Amendment transgressions, usually those claims turn on interpretation of the term "reasonable." Traditionally, a search and seizure conducted under the authority of a judicial warrant for "probable cause" is unquestionably reasonable.In some, albeit very limited, types of searches reasonableness is met with at least "individualized suspicion."When searches intrude into the human body, however, they implicate a person's most deep-rooted expectation of privacy - the right to be left alone.
Consumer Privacy, James M. Mccauley
Consumer Privacy, James M. Mccauley
Richmond Journal of Law & Technology
Pretty scary. This whole business of technology and privacy. I don't know about you but it makes me think about that John Grimes song where he wanted to blow up the TV, throw away the paper, and move to the country. I think that there are probably some things that we can do and that we cannot do. One of the things that comes to mind in listening to my colleagues talk about the shutdown of the dotcoms, last year Congress overhauled the 65 year prohibition against insurance companies not being permitted to get involved in financial services and banking. …