Law Commons^™

When The Americans With Disabilities Act Goes Online: Application Of The Ada To The Internet And The World Wide Web, Steven Mendelsohn, Martin Gould

Computer Law Review and Technology Journal

Over the past decade, the emergence of electronic communication, Internet technology, and the World Wide Web has dramatically altered the lifestyles of many Americans and has affected the lives of us all. As a result of these technologies, society has experienced great transformation and has had to confront new opportunities and challenges and make many adjustments to accommodate these new developments.

American law has struggled to stay current with the new technology. In attempting to stay current and adapt to the new technology, the law has followed two lines of development. First, laws are passed to deal with new issues …

The Coalition For Consumer Bankruptcy Debtor Education: A Report On Its Pilot Program, Susan Block-Lieb, Corinne Baron-Donovan, Karen Gross, Richard Wiener

Faculty Scholarship

No abstract provided.

Thumbs Up For Biometric Authentication!, Gwen "Wendy" Kennedy

Computer Law Review and Technology Journal

For years, biometric authentication devices, such as palm print devices, retinal scanners and facial recognition technology, were things only seen in science fiction movies. But, in recent years, fiction and reality have been on a collision course. Government laboratories and defense installations have utilized these biometric authentication devices for decades, but commercial applications did not exist until more recently. This delay was caused in part by the high cost of these devices and the legal uncertainty surrounding their use in the commercial realm. However, these concerns have vanished and due to the growing instances of identity theft, the timing for …

The Decss Trade Secrets Case: Dvd Copy Control Association, Inc. V. Bunner, Brooks W. Taylor

Computer Law Review and Technology Journal

Bad facts make bad law. In DVD Copy Control Association, Inc. v. Bunner, the California Supreme Court addressed a sympathetic plaintiff suing a group of hackers for ignoring the terms of a click wrap license and reverse engineering trade secrets from a computer program. To ensure that justice prevailed, the court held that a preliminary injunction against re-posting computer code containing those purported trade secrets was not a prior restraint on speech, but rather was content-neutral. In the trial court, despite the fait accompli of the computer code's Internet release to the hacker community, the court implausibly found that …

Research Tax Credit : Statutory Construction, Regulatory Interpretation And Policy Incoherence, David L. Cameron

Computer Law Review and Technology Journal

Section 41 of the Internal Revenue Code establishes a research tax credit in connection with "qualified research expenses" and "basic research payments," frequently referred to as the incremental research credit and the basic research credit, respectively. The incremental research credit is equal to 20 percent of the qualified research expenses for the tax year in excess of a base amount, and the basic research credit is equal to 20 percent of any basic research payments in excess of a base amount. The purpose of the credit is to provide an incentive for increased research activities in the private sector.

The …

Research And Development Deliverables Under Government Contracts, Grants, Cooperative Agreements And Cradas: University Roles, Government Responsibilities And Contractor Rights, Danielle Conway-Jones

Computer Law Review and Technology Journal

More than anything, the United States Government is committed to research and development that will ensure America's position as the leader of nations. Nowhere is this truer than in the development of weapons and weapons systems, for these have, until recently, been the tools of superiority. From the tanks of World Wars I and II, to the guided weapons systems of today, to the unmanned fighting and space exploration vehicles of tomorrow, continued superiority of this nation will depend heavily upon the research and development of new technologies and innovation that must have dual uses for both the military and …

Recent Developments In Digital Copyright-The Internet Music Cases, Herbert J. Hammond, Corey Weinstein

Computer Law Review and Technology Journal

Music sharing on the Internet has been a hotly debated topic in the last five years. Music sharing advocates claim that people should have the right to trade music that they have rightfully purchased. Opponents of this practice argue that swapping songs destroys the music industry and violates copyright law. While this debate has raged and the courts have taken up the issue, the file-swapping phenomenon has brought significant, unanticipated changes to the recording industry and to the ways consumers buy music.

On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens

Articles

No abstract provided.

Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International And Mexican Law, Roberto Rosas

Faculty Articles

No abstract provided.

Evidentiary Tactics: Selecting The “Best” Evidence To Simplify The Case, Edward J. Imwinkelried, David A. Schlueter

Faculty Articles

In the early 1990s, the American Bar Association Special Committee on Jury Comprehension released the results of surveys of jurors. These jurors had participated in complex federal and state cases. The researchers asked the jurors what complaints they had against the attorneys who had tried the cases. By a wide margin, the primary complaint was that the litigators went overboard and swamped the jury with information, particularly an excessive number of exhibits.

At trial, the attorney must exorcise the demons of complexity and confusion. There are strategies and tactics that should be employed to reduce cases to manageable portions that …

Law And Bioterrorism By Victoria Sutton (Book Review), Jeffrey F. Addicott

Faculty Articles

The best primer for constructing a legal framework surrounding bioterrorism is a wonderfully researched and incisive book by Professor Victoria Sutton. Sutton brings a vast background of experience and expertise to her book, titled Law and Bioterrorism, which is in fact the first legal textbook in the field of law and bioterrorism.

The book begins with a brief examination of the history of law and bioterrorism, from ancient biological warfare to modern times. Drawing upon the lessons of this history, Sutton discusses historical events such as the use of anthrax in World War I, and further examines the rapidly growing …

The Irrelevance Of State Corporate Law In Governance Of Public Companies, J. Robert Brown Jr.

University of Richmond Law Review

No abstract provided.

State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard

University of Richmond Law Review

No abstract provided.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the fourth issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! Issue 4 is the world’s rst collection of Do Not Call List materials compiled in a single law review issue. Issue 4 contains several preexisting materials, including Congressional testimony, party briefs, and amicus briefs for the Do Not Call List appeal before the Tenth Circuit Court of Appeals, in additional to original scholarly articles prepared speci cally for the Journal.

Plaintiff’S Reply Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association

Richmond Journal of Law & Technology

The government’s assumption that commercial speech restrictions should be judged by the same standard as time, place or manner restrictions fails to accurately set forth the relevant burden of proof articulated in more recent commercial speech cases.

Plaintiff’S Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association

Richmond Journal of Law & Technology

This case is a cautionary tale about what happens when federal agencies allow perceived political imperatives to override legal and constitutional concerns.

Defendant’S Brief — Federal Trade Commission

Richmond Journal of Law & Technology

Plaintiff/petitioner telemarketers brought these actions challenging the FTC’s and FCC’s joint implementation of a nationwide do-not-call registry. The FTC created the registry as part of its Telemarketing Sales Rule. The Rule prohibits tele- marketers and sellers from calling phone numbers that consumers have listed on the registry. Subsequently, the FCC amended its rules implementing the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, to prohibit persons from mak- ing telephone solicitations to residential telephone subscribers who have registered their telephone numbers on the registry. Since June 27, 2003, when the registry opened, consumers have registered more than 50 million …

Brief Of Amicus Curiae – American Association Of Retired Persons

Richmond Journal of Law & Technology

AARP is a non-partisan, non-profit organization with more than 35 million members aged 50 and older. As the largest membership organization representing the interests of older Americans, AARP has a longstanding interest and involvement in combating telemarketing abuses and educating consumers about dealing with unwanted sales calls. While AARP’s concerns about telemarketing arose due to widespread fraudulent practices that targeted older persons (and those concerns continue), these initial concerns led to an expanded focus on effective means to reduce numerous, repeated intrusions into people’s homes by callers trying to sell myriad products and services. AARP thus has devoted significant resources …

Brief Of Amici Curiae – Representatives W.J. “Billy” Tauzin And John D. Dingell And Certain Other Members Of The House Of Representatives Of The United States

Richmond Journal of Law & Technology

In 1995, the Federal Trade Commission (“FTC”) promulgated telemarketing rules that prohibit “a seller or telemarketer [of goods or services] from calling a consumer who has previously asked not to be called by or on behalf of that seller.” Earlier this year, the FTC amended its rules to make it easier for consumers to avoid telemarketing calls. Under the revised rule, commonly known as the “Do Not Call” rule, individuals can choose to prohibit all commercial telemarketing calls to their homes or cellular phones, with a limited exception for calls made pursuant to an established business relationship. The revised FTC …

Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation

Richmond Journal of Law & Technology

This Amicus Curiae Brief is respectfully filed by the undersigned members of the United States Senate Committee on Commerce, Science, and Transportation (“Committee”). Acting in our capacity on behalf of the United States government, we may file this Brief pursuant to Fed. R. App. P. 29(a). The Committee exercises oversight responsibility for both the Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”). With the respect owed to a co-equal branch of government, we file this Brief to share with the Court our strongly-held views regarding the constitutional law issues in contest in this appeal and the vital public …

Telemarketing Sales Rule Commentary — Cox Enterprises, Inc.

Richmond Journal of Law & Technology

Cox Enterprises, Inc. (“CEI” or “Cox”) hereby submits these comments in response to the Federal Trade Commission’s (“FTC”) Notice of Proposed Rulemaking relating to the proposed amendment of the Telemarketing Sales Rule (the “TSR” or “Rule”). Cox welcomes this opportunity to comment on the proposed amended Rule, and strongly supports the efforts of the FTC to protect consumers from fraudulent and deceptive telemarketing.

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Lee Hammond

Richmond Journal of Law & Technology

My name is Lee Hammond and I am a member of AARP’s Board of Directors. On behalf of AARP and its thirty- ve million members, thank you for inviting us here this morning to discuss the importance of implementing and enforcing the Federal Trade Commission’s (FTC) national Do Not Call registry. AARP’s members have been among the millions of Americans who have taken the initiative to place their phone numbers into the Registry in an effort to reduce the amount of unwanted telemarketing calls. We share your indignation over recent court decisions to stymie this effort and we are here …

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Timothy J. Muris

Richmond Journal of Law & Technology

As you know, the Commission adopted the Registry as one of the amendments to the Telemarketing Sales Rule (TSR) announced December 18, 2003, and formally promulgated in the Federal Register on January 29, 2003. On March 11, 2003, President Bush signed into law the Do Not Call Implementation Act (DNCIA), which provides for the FTC to collect fees from sellers and telemarketers to fund the establishment and maintenance of the National Do Not Call Registry. Congress enacted this legislation, and provided complementary appropriations, to support the FTC’s decision to establish such a Registry (conditioned on funding) as part of its …

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Gerald Cerasale

Richmond Journal of Law & Technology

Good morning, Mr. Chairman and members of the Committee. I thank you for the opportunity to appear before your Committee as it examines the issues surrounding the national Do-Not-Call Registry. I am Jerry Cerasale, Senior Vice President for The Direct Marketing Association, Inc. (“The DMA”).

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Tim Searcy

Richmond Journal of Law & Technology

Senators, thank you for giving me this opportunity to testify before you today, on a matter of great importance to U.S. consumers, and business alike: the formation of a federal Do Not Call Registry. I am the Executive Director of the American Teleservices Association, which is the largest and only association dedicated exclusively to the interests of the teleservices industry. We are enjoying our twentieth anniversary this year, and represent approximately 650 rms involved in the teleservices industry. Our membership is tremendously diverse, and encompasses all aspects of telemarketing, customer service, market research, political calling, non- profit fundraising and technical …

“Do-Not-Call List” Testimony: Before The House Committee On Energy And Commerce, Timothy J. Muris

Richmond Journal of Law & Technology

Mr. Chairman, I am Timothy J. Muris, Chairman of the Federal Trade Commission.1 I am pleased to appear today, on behalf of the Commission, to provide the Committee with information about our recently-announced amendments to the Telemarketing Sales Rule (“TSR” or “Rule”). In particular, you have asked about our request for authority to collect fees to offset the costs of implementing the “do-not-call” amendments to the TSR. Our testimony provides an overview of the TSR amendment process, discussion of the do-not-call provisions, and an examination of the funding request. The do-not-call registry is an important aspect of the Commission’s ongoing …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, it is my pleasure to welcome you to the fth and nal issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! This issue represents another “ first” for the Journal – the world’s first Annual Survey dedicated to e-Discovery law. For more information on this Issue, I invite you to read the Letter from the Annual Survey Editor and the article, A Topic Both Timelyand Timeless, prepared by Professor James Gibson.

Electronic Discovery Best Practices, Virginia Llewellyn

Richmond Journal of Law & Technology

The concept of electronic discovery is still somewhat intimidating to many attorneys, but those who have learned to implement electronic discovery best practices are enjoying the advantages it offers, which include greater control over document review and production processes as well as significant cost reductions. Whether you come to the discovery process as in-house or outside counsel, you can anticipate some of the issues involved in responding to electronic data requests. Pre-review cooperation among in-house counsel, their litigators, and Information Technology (IT) personnel is ideal for planning a successful electronic discovery response.

Collaborative Navigation Of The Stormy E-Discovery Seas, Robert Douglas Brownstone

Richmond Journal of Law & Technology

Seventy years ago, when the world was still paper-based, a famous lyricist wrote: “Say, it’s only a paper moon [s]ailing over a cardboard sea. But it wouldn’t be make-believe [i]f you believed in me.” Jump to today’s digital world, and imagine those lines re-written in an e-mail from a litigator to a client: “Now, underneath each paper moon is a vast electronic sea. If you plot a realist’s course you’ll cruise e-Discovery.” In the twentieth century, while civil litigation often wallowed in discovery disputes, at least paper’s one-dimensional nature provided several boundaries. The expansive powers of …

An Analysis Of The Factors That Determine When And How To Resolve A Trademark Dispute, Thomas J. Speiss, Stephen M. Levine

Richmond Journal of Law & Technology

Business and war have one thing in common: strategy. “Never to be undertaken thoughtlessly or recklessly, [strategy is] to be preceded by measures designed to make it easy to” obtain the desired outcome. “A skilled general must be master of the complementary arts of simulation and dissimulation; while creating shapes to confuse and delude the [negotiating adversary] he conceals his true dispositions and ultimate intent.” His actions “are designed to entice the [adversary], to unbalance him, and to create a situation favourable for a decisive counter-stroke.”