Law Commons^™

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

The International Enforcement Of Software Copyrights And Patents, Siehnai F. Williamson

Computer Law Review and Technology Journal

Upon graduating with a computer science degree, Shannon Smith and her classmates started their own educational computer software firm called ABC Software (ABC). ABC observed that the computer software industry had grown exponentially since the 1980s due in part to industry-wide standards (like the Windows® platform) and the declining costs in computer hardware that have increased demand for computer products. Because ABC believes the software industry is knowledge-based, ABC need incur little research and developmental costs. ABC's ability to protect its software will be the determining factor in deciding where to distribute its products. Since the very nature of computer …

Legal Protection Of Collections Of Facts, Charles Brill

Computer Law Review and Technology Journal

Database compilers traditionally have used copyright and trade secret laws to protect their databases from appropriation by competitors. A 1991 Supreme Court decision, however, casts some doubt on the copyright protection extended to databases in the United States. In response to the Supreme database industry has launched a worldwide effort to encourage legislation to provide strong protection of databases, especially electronic databases.These efforts have borne fruit in Europe where Great Britain has passed laws protecting databases from unfair extraction and the European Union has mandated a sui generisprotection which, in conjunction with existing copyright laws, will provide very strong protection …

Copyrighting Cyberspace: Unweaving A Tangled Web, Robert N. Diotalevi

Computer Law Review and Technology Journal

The Internet, which began as a research project, is now the largest computer system in the world. Commonly known as the net or cyberspace, this superhighway offers a variety of useful information through its ocean of URL's, browsers and hyperlinks. Although to some people this new generation of technology may seem intimidating or even far-fetched, the reality is that its opportunities are vital to nearly every facet of modem life. With advancing technology comes new legal battles. The age of information has exposed and tested many limitations of copyright law. This work attempts to explain present copyright law as it …

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Gambling On The Internet, Aaron Craig

Computer Law Review and Technology Journal

This article analyzes current proposals to regulate gambling on the Internet and suggests that their flaws stem primarily from a failure to appreciate the complexity of the vice/economic gain dichotomy that has been incorporated in American gambling regulatory policy. Americans have historically prohibited some forms of gambling while tolerating others. An Internet gambling regulatory system should view the Internet as a medium across which current gambling policies should be extended. Regimes that legalize all forms of gambling on the Internet are politically untenable and unwise. Proposals to outlaw all forms of gambling fail to recognize the Government's interest in permitting …

Current Advertising Regulations And The Internet, Lori A. Lustberg

Computer Law Review and Technology Journal

Since its inception, the Internet has brought society an array of opportunities. With those opportunities challenges arise. The Internet advertising arena is no different. The opportunities for companies to use the Internet to reach their target audiences are extraordinary. Because no regulations apply specifically to the Internet and since no agency has the specific task of regulating it, however, questions are plentiful regarding how and to what extent advertising is acceptable over the Internet. Both consumers and advertisers can clearly benefit from the use of advertising on the Internet. Consumers can readily and easily access information and products in which …

Contracting In Cyberspace, Jeff C. Dodd, James A. Hernandez

Computer Law Review and Technology Journal

Cyberspace law has started to take some shape as lawyers and merchants increasingly look to the same models and structures for guidance. Proposed statutes dealing directly with cyberspace contracting issues are working their way through the process of uniform and legislative law making. A few of these statutory laws have already made it through the gauntlet.4 Although this unsystematic growth through practice has led to a motley collection of legal standards governing cyberspace contracting, most of the issues that these standards purport to deal with relate to only five root problems:

(a)   Authority. When is the contract "my" contract? What …

Extension Of Copyright To Fonts-Can The Alphabet Be Far Behind?, Jonathan L. Mezrich

Computer Law Review and Technology Journal

In February 1998, a federal district court issued a decision that may have a profound impact on the software industry. The court held, in Adobe Systems, Inc. v. Southern Software, Inc., that copyright law protects "software programs" that create fonts that are distinct typefaces. This ruling is ill-conceived. While people should be rewarded and protected for their creativity, copyright law should not be extended to cover the "artwork" inherent in font "glyphs," which, in their most basic form, comprise the alphabet itself.

The software industry has experienced dramatic growth in the past decade. While a small number of dominant …

Telephone Companies Go To Battle Over The Internet, Peter C. Salaverry

Computer Law Review and Technology Journal

Entering the twenty-first century, Americans, like most people around the world, regard the Internet as a free and unregulated means of communication. Naive to its origins, many individuals surf the Internet unaware of the debates concerning its regulation.

In March 1996, America's Carriers Telecommunication Association (ACTA), a trade association of roughly 130 long-distance carriers, petitioned the Federal Communications Commission (FCC) to confirm "its authority over interstate and international telecommunications services using the Internet." More specifically, the ACTA petition requested that the FCC enjoin software distributors of long-distance telephone software and other providers of non-tariffed and uncertified entities, compelling them to …

Jam For Justice Holmes: Reassessing The Significance Of Mahon, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

When courts and commentators discuss Pennsylvania Coal Co. v. Mahon, they use the same word with remarkable regularity: famous. Mahon has achieved this fame in part because it was the occasion for conflict between judicial giants, and because the result seems ironic. Justice Oliver Wendell Holmes, Jr.--the great Lochner dissenter and a jurist generally considered a champion of judicial deference to legislatures in the sphere of economic decision-making--wrote the opinion striking down a Pennsylvania statute barring coal mining that could cause the surface to cave-in. Sharply dissenting from Holmes's opinion was his consistent ally on the Court, Justice Louis …

The Constricted Meaning Of "Community" In Community Policing, Mary I. Coombs

Articles

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Stop And Frisk And Substantive Criminal Law Panel: Introduction, Mary I. Coombs

Articles

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Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs

Articles

In this Article, Professor Coombs argues that the debate about same-sex marriage has wrongfully ignored transgendered people and their relationships. She provides an overview of arguments made by opponents of same-sex marriage, such as tradition, procreation, child-rearing, and family values. She then examines cases involving transsexual marriages and uses this analysis to deconstruct the same-sex marriage debate. Professor Coombs argues that an honest consideration of transgendered people and their relationships forces a re-evaluation of arguments against same-sex marriage and disrupts the gendered patriarchy on which traditional marriage rests. Marriage should be seen as a relationship between two people, regardless of …

Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky

Articles

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Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby

Articles

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An Ode To Probable Cause: A Brief Response To Professors Amar And Slobogin, Scott E. Sundby

Articles

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Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman

Scholarly Works

No abstract provided.

Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton

Articles

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Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin

Articles

The proposed draft of Article 2B of the Uniform Commercial Code can be thought of as akin to a complex computer software suite which seeks to dominate a market by offering all things to all people. The author suggests, however, that Article 2B's electronic contracting rules interoperate poorly with existing digital signature laws, and with some forms of electronic commerce. The author also questions whether Article 2B is the proper means to enact controversial rules that ordinarily would make consumers liable for fraudulent uses of their digital signatures by third parties. After considering Article 2B's potential interaction with existing digital …

Religion, Gender, Sexuality, Race And Class In Coalitional Theory: A Critical And Self-Critical Analysis Of Latcrit Social Justice Agendas, Elizabeth M. Iglesias, Francisco Valdes

Articles

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"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones

Articles

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Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman

Articles

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Stumbling Toward Equity: The Role Of Government In Kidney Transplantation, Laura Dooley, Robert Gaston

Scholarly Works

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Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Scholarly Works

In recent years, the United States Supreme Court has shown an increasing unwillingness to engage in deciding matters that relate to the interpretation of religious practice and belief. While the Justices have articulated valid concerns concerning these cases, courts should not allow these concerns to deter them from making decisions vital to the effective adjudication of Free Exercise and Establishment Clause cases. In fact, it appears that as a result of the Court's increasing refusal to consider carefully the religious questions central to many cases, the Court often tends to group together religious claims and practices, regardless of the relative …

Foreword: Should The Family Be Represented As An Entity?: Reexamining The Family Values Of Legal Ethics, Russell G. Pearce

Faculty Scholarship

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How Does The New York Constitution Compare To The U.S. Constitution? (Annual Issue On New York State Law: Trends And Developments), Eileen Kaufman, Leon Friedman

Scholarly Works

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Academic Freedom In Religiously Affiliated Law Schools: A Jewish Perspective. (Symposium On Religiously Affiliated Law Schools), Howard A. Glickstein

Scholarly Works

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Tort Law (Symposium: The Supreme Court And State And Local Government Law: The 1996-97 Term), Leon D. Lazer

Scholarly Works

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Tax Expenditure Analysis And Constitutional Decisions , Linda Sugin

Faculty Scholarship

This article looks at the significance of the similarities and differences between tax benefits and direct spending for purposes of the equal protection and establishment clauses, with a particular focus on the charitable contribution deduction. Because economic equivalence is not critical under these constitutional provisions, tax expenditure analysis is not relevant to the legal analysis. While this article deals only briefly with numerous provisions of the Code and analyzes only two constitutional provisions, it provides a model for considering the constitutionality of any tax provision.