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Articles 4261 - 4290 of 4659
Full-Text Articles in Computer Law
Restatement (Second) Of Torts Section 324a: An Innovative Theory Of Recovery For Patients Injured Through Use Or Misuse Of Health Care Information Services, 14 J. Marshall J. Computer & Info. L. 73 (1995), Lisa L. Dahm
UIC John Marshall Journal of Information Technology & Privacy Law
The author in this comment discusses how developments in information technology and widespread utilization of technology and software in the patient care context raise the issue of clinical liability for health care information systems vendors. The comment discusses a theory of recovery of tort damages for the negligence of health care information systems vendors under section 324A of the Restatement (Second) of Torts. Section 324A provides in essence that "one who undertakes ... for consideration, to render services to another which he should recognize as necessary for the protection of a third person ... is subject to liability to the …
Steve Jackson Games V. United States Secret Service: The Government's Unauthorized Seizure Of Private E-Mail Warrants More Than The Fifth Circuit's Slap On The Wrist, 14 J. Marshall J. Computer & Info. L. 179 (1995), Nicole Giallonardo
UIC John Marshall Journal of Information Technology & Privacy Law
This article critiques the Fifth Circuit’s decision in the 1994 case of Steve Jackson Games v. United States Secret Service. When the Secret Service invaded the petitioner’s offices, seizing three computers, 300 computer disks, and other computer equipment essential to the company’s operations, the petitioner sued the Secret Service under the Privacy Protection Act, the Federal Wiretap Act, and the Stored Wire Act. The Western District Court of Texas awarded the petitioner damages under the Privacy Protection Act and the Stored Wire Act, but found that there was no cognizable claim under the Federal Wiretap Act – after which petitioner …
The Mexican Electoral Process: The Perpetuation Of Fraud By Restriction Of Citizen Access To Electoral Information, 14 J. Marshall J. Computer & Info. L. 151 (1995), Lawrence E. Root Jr.
The Mexican Electoral Process: The Perpetuation Of Fraud By Restriction Of Citizen Access To Electoral Information, 14 J. Marshall J. Computer & Info. L. 151 (1995), Lawrence E. Root Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
PRI (Partido Revoluciaonario Institucional) has controlled the Mexican government for over sixty-five years. With a history of facilitating electoral fraud and voter bullying, how could Mexican citizens again vote to keep the PRI in power? Perhaps promises of a clean election and a new, more sophisticated electoral computer were nothing more than promises to defraud Mexican voters in state-of-the-art fashion. In his campaign for the presidency, PRI candidate Salinas mentioned that he hoped the new computer would foster an hones electoral process. Suddenly, the Federal Electoral Commission announced that the multi-million dollar electoral computer system crashed. When the computer system …
The First Amendment And The National Information Infrastructure, Fred H. Cate
The First Amendment And The National Information Infrastructure, Fred H. Cate
Articles by Maurer Faculty
What the First Amendment status of electronic information should be is a fundamental question which must be addressed in any attempt to arrive at appropriate legal standards to protect the multifarious interests of the users of cyberspace. Yet, despite its importance, the First Amendment has largely been ignored in the debate surrounding what sort of legal framework should control the emerging National Information Infrastructure. Professor Cate surveys the current terrain of First Amendment jurisprudence and describes the different analytical approaches which may be taken. Doctrinal anomalies such as the law of common carriage indicate that at times the courts have …
The Lack Of Protection Afforded Software Under The Current Intellectual Property Laws, Himanshu S. Amin
The Lack Of Protection Afforded Software Under The Current Intellectual Property Laws, Himanshu S. Amin
Cleveland State Law Review
Many abstract advances in computer technology remain unprotected since the current intellectual property system has been shaped through a focus on tangible, physical inventions. The software industry in the United States "accounts for domestic revenues of over fifty billion dollars each year in worldwide sales and services." Accordingly, it is imperative that United States software developers be provided adequate intellectual property coverage in order to protect existing technology and encourage further innovation in the field. The present lack of adequate protection has handicapped American developers unnecessarily in the global software market.
The Eu Data Protection Directive, Information Privacy, And The Public Interest, Fred H. Cate
The Eu Data Protection Directive, Information Privacy, And The Public Interest, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
Computer-Related Crimes, Michael W. Carroll
Computer-Related Crimes, Michael W. Carroll
Scholarly Articles in Law Reviews & Journals
No abstract provided.
A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Smart Agenting, Barry Diller
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
All Faculty Scholarship
This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.
Global Information Policymaking And Domestic Law, Fred H. Cate
Global Information Policymaking And Domestic Law, Fred H. Cate
Indiana Journal of Global Legal Studies
No abstract provided.
Software Copyright Infringement Claims After Mai Systems V. Peak Computer, Trinnie Arriola
Software Copyright Infringement Claims After Mai Systems V. Peak Computer, Trinnie Arriola
Washington Law Review
In MAI Systems Corp. v. Peak Computer, Inc. the Ninth Circuit Court of Appeals held that Peak committed copyright infringement by running MAI operating system software incidental to Peak's repair of the computer system. The court rejected Peak's section 117 defense under the Copyright Act because it refused to recognize a licensee of computer software as an "owner" of a copy of software. This Note argues that the decision contravenes both the substance and principles of federal copyright law, and unnecessarily harms computer owners. It suggests a two-tiered analysis that courts should follow when evaluating copyright infringement claims involving software …
Electronic Data Interchange: Uses And Legal Aspects In The Commercial Arena, 12 J. Marshall J. Computer & Info. L. 511 (1994), Robert W. Mckeon Jr.
Electronic Data Interchange: Uses And Legal Aspects In The Commercial Arena, 12 J. Marshall J. Computer & Info. L. 511 (1994), Robert W. Mckeon Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
Electronic Data Interchange (EDI), computer-to-computer communication, allows rapid exchange of information and is capable of dramatically increasing commercial efficiency. Faster than mail, personal meetings and communication via telephone, EDI will include recordkeeping, communication between governments, retail use and healthcare streamlining. EDI may pose future evidentiary problems including proving the source and content of the message. Numerous techniques may offer greater reliability of authentication of electronic messages by creating an audit trail when EDI is used. Using EDI for commercial transactions involving the sale of goods raises questions of contract law and the Uniform Commercial Code regarding the statute of frauds …
§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine
§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine
UIC John Marshall Journal of Information Technology & Privacy Law
Section 117, of The Copyright Act of 1976, which regulates the copying of a computer software program by an authorized or registered user, serves as an exception or defense to an allegation of software infringement. This exception is grounded in the concept that an individual who lawfully purchases a computer software program should have the right to copy that program to some extent. However, courts have not developed a uniform approach to analyzing Section 117. This paper offers a union of tests used individually by courts to resolve this problem of legal inconsistency. The courts have developed a three-step approach …
Legal Expert System Building: A Semi-Intelligent Computer Program Makes It Easier, 12 J. Marshall J. Computer & Info. L. 555 (1994), Grayfred B. Gray, Bruce J. Maclennan, John E. Nolt, Donald R. Ploch
Legal Expert System Building: A Semi-Intelligent Computer Program Makes It Easier, 12 J. Marshall J. Computer & Info. L. 555 (1994), Grayfred B. Gray, Bruce J. Maclennan, John E. Nolt, Donald R. Ploch
UIC John Marshall Journal of Information Technology & Privacy Law
The Natural Language Expert System Builder (NLESB) assists attorneys in producing intelligent, precise and clear legal documents. This system allows the user to link from one rule to another, which helps the attorney to find differently stated propositions that mean the same thing. In addition, the NLESB serves as a check to verify that the law within the document is in good form. The system promotes consistency by bringing similarities to the attorney's attention, it increases the clarity and precision of an argument within a legal document, and it eliminates passive voice and places the emphasis on the object of …
The American Health Security Act And Privacy: What Does It Really Cost?, 12 J. Marshall J. Computer & Info. L. 585 (1994), Susan E. Corsey
The American Health Security Act And Privacy: What Does It Really Cost?, 12 J. Marshall J. Computer & Info. L. 585 (1994), Susan E. Corsey
UIC John Marshall Journal of Information Technology & Privacy Law
For many years, the American health care system has been plagued by dependence on a cumbersome paper-based recording system that adds to the astronomical cost of health care in the U. S. In 1994, President Clinton proposed a national health care plan, the American Health Security Act, that would ensure comprehensive health care insurance to all Americans regardless of health or employment status. The proposed system depends on a centralized computer system that offers streamlined access to health care information, which must be accessible anywhere the patient goes. Although the proposed system would offer greater efficiency and consistency in the …
United States V. Deaner: Thermal Imagery, The Latest Assault On The Fourth Amendment Right To Privacy, 12 J. Marshall J. Computer & Info. L. 607 (1994), Bradley J. Plaschke
United States V. Deaner: Thermal Imagery, The Latest Assault On The Fourth Amendment Right To Privacy, 12 J. Marshall J. Computer & Info. L. 607 (1994), Bradley J. Plaschke
UIC John Marshall Journal of Information Technology & Privacy Law
The United States government's innovative use of thermal imaging technology to battle against cultivation and trafficking of marijuana is the center of debate. In United States v. Deaner, the District Court of Pennsylvania and Maryland erred in ruling that the United States government's use of thermal imaging technology in detecting the presence of marijuana and cultivation materials in the home of Tab Deaner was proper and did not violate Deaner's Fourth Amendment right to privacy. The Court affirmed Deaner's constitutional right to a subjective expectation of privacy with respect to heat emanating from his home. The Court compared the facts …
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 12 J. Marshall J. Computer & Info. L. 627 (1994), Timothy R. Rabel
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 12 J. Marshall J. Computer & Info. L. 627 (1994), Timothy R. Rabel
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 12 J. Marshall J. Computer & Info. L. 645 (1994), Marie-Louise R. Samuels, Thomas W. Poultron, Scott W. Mcmickle
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 12 J. Marshall J. Computer & Info. L. 645 (1994), Marie-Louise R. Samuels, Thomas W. Poultron, Scott W. Mcmickle
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 12 J. Marshall J. Computer & Info. L. 679 (1994), Spiro P. Fotopoulos, Joseph E. Helweg, Alyce E. Hill
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 12 J. Marshall J. Computer & Info. L. 679 (1994), Spiro P. Fotopoulos, Joseph E. Helweg, Alyce E. Hill
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Encrypted Self: Fleshing Out The Rights Of Electronic Personalities, 13 J. Marshall J. Computer & Info. L. 1 (1994), Curtis E. A. Karnow
The Encrypted Self: Fleshing Out The Rights Of Electronic Personalities, 13 J. Marshall J. Computer & Info. L. 1 (1994), Curtis E. A. Karnow
UIC John Marshall Journal of Information Technology & Privacy Law
The electronic community is faced with a now classic dilemma: the tug-of-war between the desire for a free flow of information and the need for privacy. The problem can be recast as the pull between freedom of access in one direction, and, in the other direction, the right of self-determination and control over the dissemination of information. Often, the same individuals and organizations are vociferously in favor of both interests. The interests at stake are, respectively, those of the community versus those of the individual. The conflict is the traditional juxtaposition, which raises the traditional issue of rights, responsibilities and …
The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont
The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont
UIC John Marshall Journal of Information Technology & Privacy Law
The author argues that courts must take into account industry demands for interoperable computer products in determining the proper scope of protection enjoyed by computer software. Part II of the article discusses the technical aspects of a communications software system in the context of a hypothetical software developer. Part III of the article analyzes how compatibility concerns affect the determination of the proper scope of copyright and trade secret protection. Part IV of the article gives an overview of the anti-trust concerns in light of the current debate surrounding interoperability. The article concludes that economically adequate legal protection for communications …
Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick
Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick
UIC John Marshall Journal of Information Technology & Privacy Law
The computer has caused changes to over forty areas of the law. While not exhaustive, the areas of law examined in this article show that computers have caused certain areas of the law to evolve while others remain virtually unchanged. Computer use has not changed in the area of commercial law. Computer contracts can involve hardware, software or services. Whether the Uniform Commercial Code applies to acquisitions has been the subject of much litigation turning on whether the software is canned or custom. Courts analyze the custom software cases under existing tests including the "dominant element" test, the "end product …
Ibm V. Comdisco: Are Modified 3090 Computers Counterfeit?, 13 J. Marshall J. Computer & Info. L. 93 (1994), Amy J. Grason
Ibm V. Comdisco: Are Modified 3090 Computers Counterfeit?, 13 J. Marshall J. Computer & Info. L. 93 (1994), Amy J. Grason
UIC John Marshall Journal of Information Technology & Privacy Law
This casenote discusses the recent settlement between IBM and Comdisco where IBM sued Comdisco and three other independent brokers to restrict the leasing of modified IBM equipment. Specifically, IBM argued that the reconfiguring of its IBM 3090 by the defendants violated IBM’s trademark rights. The note discusses how IBM denied the authenticity of the modified IBM 3090’s. The author argues that the sale or lease of trademarked products, which have been altered but which are so identified cannot, as a matter of law, violate trademark rights. The author further states that by allowing manufacturers to disavow their own products is …
Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon
Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon
UIC John Marshall Journal of Information Technology & Privacy Law
In 1996, Congress passed the Freedom of Information Act (FOIA) to promote public access of information held by the federal government. Consequently, fifty states followed the lead by passing similar statutes providing public access to information held by state governments. While FOIA statutes facilitates the dissemination of information, the use of "records" in the statutes proves to be problematic in this computer age. Part of the accessible records is the information of redistricting of the states, a federal constitutional requirement on the states every ten years. In the Brown v. Iowa Legislative Council, plaintiff sought to gain access to the …
Virtual Reality: The Reality Of Getting It Admitted, 13 J. Marshall J. Computer & Info. L. 145 (1994), Mary C. Kelly, Jack N. Bernstein
Virtual Reality: The Reality Of Getting It Admitted, 13 J. Marshall J. Computer & Info. L. 145 (1994), Mary C. Kelly, Jack N. Bernstein
UIC John Marshall Journal of Information Technology & Privacy Law
Computer animation is the newest tool to turn up in courtrooms around the country in the area of demonstrative evidence. These animations create a virtual reality that lawyers can use to demonstrate objects, situations, or acts to juries -- objects, situations, and acts that would otherwise be difficult for a group of people to completely appreciate or understand through more traditional evidnetiary means. Recent technological advancements mean that this three-dimensional virtual reality can make quite an impact on a jury or judge, without making too great an impact on client's budgets. Computer animation and the various types of virtual reality …
Pc Peep Show: Computers, Privacy, And Child Pornography, 27 J. Marshall L. Rev. 989 (1994), John C. Scheller
Pc Peep Show: Computers, Privacy, And Child Pornography, 27 J. Marshall L. Rev. 989 (1994), John C. Scheller
UIC Law Review
No abstract provided.
Legitimizing Decompilation Of Computer Software Under Copyright Law: A Square Peg In Search Of A Square Hole, 28 J. Marshall L. Rev. 105 (1994), Allan M. Soobert
Legitimizing Decompilation Of Computer Software Under Copyright Law: A Square Peg In Search Of A Square Hole, 28 J. Marshall L. Rev. 105 (1994), Allan M. Soobert
UIC Law Review
No abstract provided.
Watch Your E-Mail - Employee E-Mail Monitoring And Privacy Law In The Age Of The Electronic Sweatshop, 28 J. Marshall L. Rev. 139 (1994), Laurie Thomas Lee
Watch Your E-Mail - Employee E-Mail Monitoring And Privacy Law In The Age Of The Electronic Sweatshop, 28 J. Marshall L. Rev. 139 (1994), Laurie Thomas Lee
UIC Law Review
No abstract provided.
Engineering Competitive Policy And Copyright Misuse, Marshall A. Leaffer
Engineering Competitive Policy And Copyright Misuse, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.