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Articles 3811 - 3840 of 4620
Full-Text Articles in Privacy Law
The Uniform Computer Information Transactions Act: A Practitioner's View, 18 J. Marshall J. Computer & Info. L. 279 (2000), John A. Chanin
The Uniform Computer Information Transactions Act: A Practitioner's View, 18 J. Marshall J. Computer & Info. L. 279 (2000), John A. Chanin
UIC John Marshall Journal of Information Technology & Privacy Law
This article helps to clarify the reader's understanding of issues and concepts relating to UCITA in the midst of legislative drafting efforts to give "birth" to section 2B of the UCITA. Concepts such as the ability to "opt-in" or "out" of the Act, "manifestation of assent," electronic signatures, use of the electronic agent, "mass-market" are fully analyzed and discussed. This article first attempts to outline the drafting process followed by the UCITA drafting committee. Next, the author lays out the objectives of the drafters of the UCITA as it appears in the Prefatory Notes. The author further moves into the …
Ucita: A 1990'S Vision Of E-Commerce, 18 J. Marshall J. Computer & Info. L. 323 (2000), Stephen Y. Chow
Ucita: A 1990'S Vision Of E-Commerce, 18 J. Marshall J. Computer & Info. L. 323 (2000), Stephen Y. Chow
UIC John Marshall Journal of Information Technology & Privacy Law
This article begins with a comparison of UCITA and UCC Article 2 and shows how much less restraint the drafters had while drafting the UCITA in early 1995. It was during this time that UCC Article 2 was still undergoing revision. This article continues with the author's detailed examination of the underlying major structural and policy defects in UCITA that require the drafters' attention before it is made into law. The author defines the scope of UCITA as being too broad. Furthermore, the author deconstructs and criticizes various sections of UCITA.
Ucita: Helping David Face Goliath, 18 J. Marshall J. Computer & Info. L. 365 (2000), Micalyn S. Harris
Ucita: Helping David Face Goliath, 18 J. Marshall J. Computer & Info. L. 365 (2000), Micalyn S. Harris
UIC John Marshall Journal of Information Technology & Privacy Law
The author explains the significance and benefits of UCITA and its major role in clarifying contractual agreements as it responds to the technological age of computer information. The author articulates that the benefits of UCITA are many and advantageous, especially for individuals and small businesses. The benefits of contract formation in UCITA are further elaborated upon in this article. Furthermore, the author delves into the concepts of Rules of Construction and Warranties. Other topics of discussion include transfers of interests and rights, financing arrangements, performance, breach of contract, mass market v. non-mass market transactions, and finally, remedies.
The Use Of Electronic Agents Questioned Under Contractual Law: Suggested Solutions On A European American Level, 18 J. Marshall J. Computer & Info. L. 403 (2000), Jean-Francois Lerouge
The Use Of Electronic Agents Questioned Under Contractual Law: Suggested Solutions On A European American Level, 18 J. Marshall J. Computer & Info. L. 403 (2000), Jean-Francois Lerouge
UIC John Marshall Journal of Information Technology & Privacy Law
This article recognizes the legal issues associated with the emergence of Electronic commerce and the roles of "electronic agents" between interactions of users and web-based companies. The author proposes legal solutions found in both common and civil laws when electronic agents are used. In addition, this article fully dissects the validity of contracts conducted by "electronic agents." The author begins by addressing the relevant technical issues and then looks at the legal questions involved in the use of electronic agents. Next, the author suggests minor changes to the present law which may actually offer possible solutions. The author further discusses …
Making Ucita More Consumer-Friendly, 18 J. Marshall J. Computer & Info. L. 547 (2000), Michael L. Rustad
Making Ucita More Consumer-Friendly, 18 J. Marshall J. Computer & Info. L. 547 (2000), Michael L. Rustad
UIC John Marshall Journal of Information Technology & Privacy Law
In this article, the author supports the enactment of UCITA. In Part II of this article, the author explains why UCITA "simply clarify and modernize" commercial law and should be chosen over Article 2 of UCC. In Part III of the article, the author proposes two amendments to UCITA: 1) Software vendors should be given a minimum standard to follow for its software. According to the author, this would bring more adhesion to consumer transactions. 2) UCITA should be governed by state deceptive trade practice acts. Finally, the author ends by saying that state legislatures would be unable to reach …
Software Engineering And Ucita, 18 J. Marshall J. Computer & Info. L. 435 (2000), Cem Kaner
Software Engineering And Ucita, 18 J. Marshall J. Computer & Info. L. 435 (2000), Cem Kaner
UIC John Marshall Journal of Information Technology & Privacy Law
This article investigates the software engineering community's direct opposition to UCITA. The author begins by detailing the adverse effect of UCITA on software development and how it will interfere with public interest. Secondly, the author expounds on the rules governing intellectual property and how UCITA would interfere with both users and creators in this field. Thirdly, the author lays out UCITA's rules relating to electronic communication and its uncostly bearings on e-mail. Next, the author explains how UCITA interferes with engineering practices. Furthermore, the author provides a glimpse of UCITA's interference with software engineers and small consulting firms. Lastly, the …
Bringing Dignity Back To Light: Publicity Rights And The Eclipse Of The Tort Of Appropriation Of Identity, Jonathan Kahn
Bringing Dignity Back To Light: Publicity Rights And The Eclipse Of The Tort Of Appropriation Of Identity, Jonathan Kahn
Faculty Scholarship
Over the years, the privacy-based tort of appropriation has become eclipsed by its flashier cousin, publicity. Such is perhaps to be expected in a world where seemingly everything has been turned into a saleable commodity. When celebrities are perpetually trading on their names and images in the open market, it may seem quaint, at best, to invoke a dignity as a basis for protecting personal identity. But this is exactly what happens. In case after case, even as they demand restitution for the converted monetary value of their names and images, celebrities also invoke dignitary concerns as a prime motivation …
Commentary On Financial Privacy, Lynn M. Lopucki
Commentary On Financial Privacy, Lynn M. Lopucki
UF Law Faculty Publications
My three criticisms are this: First, Peter frames the problem as privacy versus government surveillance, thus ignoring the best solution to the problem, which is to make more information public. Second, Peter exaggerates the human need for privacy by presenting the need as immutable and essentially coextensive with embarrassment. People do not need nearly the privacy they think they do. Third, if Peter’s broad view of privacy holds, then you can forget about the information age.
Be My Guest: The Hidden Holding Of Minnesota V. Carter, Edwin J. Butterfoss, Mary Sue B. Snyder
Be My Guest: The Hidden Holding Of Minnesota V. Carter, Edwin J. Butterfoss, Mary Sue B. Snyder
Faculty Scholarship
This Article first examines the Carter case in detail, including the opinions of the state courts and the briefs and oral argument in the United States Supreme Court, before turning to the Court's decision. The Article highlights the importance of Justice Kennedy's concurring opinion and explains the "hidden holding" of the case, raising the question of whether lowercourts will apply the correct rule from the case. The Article argues that the Court's denial of the defendants' claim of a reasonable expectation of privacy, combined with its failure to provide guidance as to when non-overnight visitors in homes will have the …
Conceptual Foundations Of Privacy: Looking Backward Before Stepping Forward, Robert A. Reilly
Conceptual Foundations Of Privacy: Looking Backward Before Stepping Forward, Robert A. Reilly
Richmond Journal of Law & Technology
In cyberspace, as in today's real world, there seems to be confusion in regard to what privacy is and what it is not. One scholar, Ruth Granson highlights recent efforts to fully comprehend privacy: "the concept of privacy is a central one in most discussions of modern Western life, yet only recently have there been serious efforts to analyze just what is meant by privacy." Over the years, the conception of the nature and extent of privacy has been severely bent out of shape. The definitions and concepts of privacy are as varied as those in the legal and academic …
Filling The Black Hole Of Cyberspace: Legal Protections For Online Privacy, R. Craig Tolliver
Filling The Black Hole Of Cyberspace: Legal Protections For Online Privacy, R. Craig Tolliver
Vanderbilt Journal of Entertainment & Technology Law
The Internet is a unique and wholly new medium of worldwide human communication. This pronouncement of the United States Supreme Court echoes what most of the American population has known for some time. The emergence of cyberspace has dramatically changed the nature of electronic communications, and consumers are conducting online transactions at a tremendous pace. While this revolution has obviously increased the amount and types of information available to American consumers, it has also achieved a different result: businesses now have access to an unprecedented amount of personal information. In turn, there exists a danger that this information will be …
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
Publications
No abstract provided.
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
University of Richmond Law Review
I start from the rather obvious proposition that in recent years the American public has placed a high value on the right of privacy. This general commitment to privacy was what kept Robert Bork, despite his qualifications, off the Supreme Court, and more recently it was what kept William Clinton, despite his behavior, in the White House. Bork's nomination was a threat to the constitutional right to use contraceptives and to choose abortion, while the impeachment charges against Clinton were a threat to the moral distinction between public political life and private sexual behavior. The power that the idea of …
Women And The Internet, Carlin Meyer
Anti-Paparazzi Legislation, Rebecca Roiphe
A Child's Right To Physical Integrity, Suellyn Scarnecchia
A Child's Right To Physical Integrity, Suellyn Scarnecchia
Articles
As we wring our hands over increasing reports of severe child abuse and how violent many of our children have become, it might be time to reassess policies that give parents and others the license to use even the most mild forms of violence against our children.
The Architecture Of Privacy: Remaking Privacy In Cyberspace, Lawrence Lessig
The Architecture Of Privacy: Remaking Privacy In Cyberspace, Lawrence Lessig
Vanderbilt Journal of Entertainment & Technology Law
This is an essay about privacy. My aim is to understand privacy through these two very different ideas. Privacy, in the sense that I mean here, can be described by these two different ideas. It stands in competition with these ideas. It is that part of life that is left after one subtracts, as it were, the monitored and the searchable. A life where less is monitored is a life where more is private; and life where less can (legally or technologically) be searched is also a life where more is private. By understanding the technologies of these two different …
No More Messing Around: Substantive Due Process Challenges To State Laws Prohibiting Fornication, Traci Shallbetter Stratton
No More Messing Around: Substantive Due Process Challenges To State Laws Prohibiting Fornication, Traci Shallbetter Stratton
Washington Law Review
Anglo-American law has historically prohibited fornication, and through the 1960s fornication remained illegal in all but ten states. Few questioned the validity of laws proscribing various forms of private, adult, consensual sexual behavior until the early 1970s. Aside from legislative repeal, substantive due process has been the primary weapon in the fight against state sex laws. Although the U.S. Supreme Court's substantive due process jurisprudence, particularly in the area of personal privacy, has brought the constitutionality of fornication statutes into question, it has not definitively resolved the matter. This Comment argues that laws prohibiting fornication do not violate substantive due …
Trends. The Tale Of The Tape: The Consequences Of Public Self-Consciousness For Political Life, Ibpp Editor
Trends. The Tale Of The Tape: The Consequences Of Public Self-Consciousness For Political Life, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the influence of technology on political behavior involving the increasing sophistication of monitoring devices.
Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres
Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres
Florida State University Law Review
No abstract provided.
Eminent Domain Names: The Struggle To Gain Control Of The Internet Domain Name System, 16 J. Marshall J. Computer & Info. L. 781 (1998), G. Peter Albert Jr.
Eminent Domain Names: The Struggle To Gain Control Of The Internet Domain Name System, 16 J. Marshall J. Computer & Info. L. 781 (1998), G. Peter Albert Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
The increasing use of the Internet as a marketplace has invariably resulted in a race for recognition among market forces. The use of slogans and trade names, which in the "real world" are the centerpiece for competition, has followed onto the Internet. These "domain names" are the lifeblood of businesses competing for the almighty dollar from consumers. As the billion dollar a year Internet business place has developed, the fight over domain names began. Today as a result of the lack of domains available, lawsuits and disputes have resulted. The inability or unwillingness of Internic and the government to find …
Everybody's Got Something To Hide Except Me And My Patented Monkey: Patentability Of Cloned Organisms, 16 J. Marshall J. Computer & Info. L. 971 (1998), Timothy G. Hofmeyer
Everybody's Got Something To Hide Except Me And My Patented Monkey: Patentability Of Cloned Organisms, 16 J. Marshall J. Computer & Info. L. 971 (1998), Timothy G. Hofmeyer
UIC John Marshall Journal of Information Technology & Privacy Law
The advent of patent protection for genetically engineered inventions occurred in 1980 with the landmark Supreme Court decision in Diamond v. Chakrabarty. Following the lead of the Supreme Court, the Patent and Trademark Office ("PTO"), in 1987, issued a new regulatory ruling that expanded the PTO's statutory interpretation of 35 U.S.C. § 101 patentable subject matter to include devices based upon nonnatural occurring manufacture or composition of matter resulting from some level of human intervention in the modification of nonhuman organisms. One year following the PTO proclamation, the first patent for a transgenic animal issue to Professors Leder and Stewart …
Lost In Cyberspace: The Digital Demise Of The First-Sale Doctrine, 16 J. Marshall J. Computer & Info. L. 825 (1998), Keith Kupferschmid
Lost In Cyberspace: The Digital Demise Of The First-Sale Doctrine, 16 J. Marshall J. Computer & Info. L. 825 (1998), Keith Kupferschmid
UIC John Marshall Journal of Information Technology & Privacy Law
The Internet offers a means to create, copy and distribute copyrighted works of a quality and in a volume that was simply unknown before the World Wide Web was developed. A single Web page can be viewed by any of the millions of people with Internet access anywhere around the world, and "viewed" in terms of the Internet necessarily means "copied." This presents a problem when considered in the light of the First-Sale doctrine, which is part and parcel of § 109 of the Copyright Act. The doctrine allows a person to make a single copy of a copyrighted work …
Regulation Of Music Videos: Should The Fcc "Beat It?", 8 Computer L.J. 287 (1988), Aloma H. Park
Regulation Of Music Videos: Should The Fcc "Beat It?", 8 Computer L.J. 287 (1988), Aloma H. Park
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin
The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Article 2b: An Introduction, 16 J. Marshall J. Computer & Info. L. 211 (1998), Raymond T. Nimmer
Article 2b: An Introduction, 16 J. Marshall J. Computer & Info. L. 211 (1998), Raymond T. Nimmer
UIC John Marshall Journal of Information Technology & Privacy Law
The United States was once the major producer of goods in the world. Today, the United States is the major consumer of goods. In addition, the United States is now the major developer and distributor of information such as software, content, news and entertainment. As a result of this new emphasis in information and services in the United States, Article 2B of the U.C.C. deals with transactions and subject matter that have never been covered by a U.C.C. There are many issues reflecting modern commerce. It is important for everyone to understand why an economy and commerce based on information …
Commercial Law Infrastructure For The Age Of Information, 16 J. Marshall J. Computer & Info. L. 255 (1998), Michael L. Rustad
Commercial Law Infrastructure For The Age Of Information, 16 J. Marshall J. Computer & Info. L. 255 (1998), Michael L. Rustad
UIC John Marshall Journal of Information Technology & Privacy Law
The Uniform Commercial Code is a product of business practices and social change. During the last two decades, the United States has transformed from an agrarian economy into an industrial power. Recently, the United States has transformed again into a post-industrial society predicated upon the copyright industries. Article 2 of the U.C.C. was drafted more than fifty years ago before the rise of the software industry and the Internet. The proposed Article 2B of the U.C.C. will recognize the new copyright industries and provide a commercial law tailored for the transfer of data, text and other forms of information. The …
Treatment Of Consumers Under Proposed U.C.C. Article 2b Licenses, 16 J. Marshall J. Computer & Info. L. 315 (1998), Mary Jo Howard Dively, Donald A. Cohn
Treatment Of Consumers Under Proposed U.C.C. Article 2b Licenses, 16 J. Marshall J. Computer & Info. L. 315 (1998), Mary Jo Howard Dively, Donald A. Cohn
UIC John Marshall Journal of Information Technology & Privacy Law
Various provisions in proposed U.C.C. Article 2B seek to increase the protection that is currently afforded to consumers. Generally, consumer law is made up of a series of default rules which operate in commercial settings. The default rules function in such a way as to free commercial entities from having to contract for every minor detail. However, default rules often function to the detriment of consumers because the consumer is not is a position to negotiate the provisions nor can they appreciate the ramifications of the default provisions. The purpose of the U.C.C. has been to provide default rules while …
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz
UIC John Marshall Journal of Information Technology & Privacy Law
Software publishers disclaim the implied warranty of merchantability because the repercussions of recognizing such warranties are unknown. The purpose underlying implied warranties of merchantability is to ensure that the consumer is receiving a product that meets a minimal standard of consumer expectation; however, this threshold is difficult to measure when attempting to measure consumer expectation of computer software. The proposed U.C.C. Article 2B seeks to remedy this problem by removing some of the ambiguity. The implied warranty of merchantability had its genesis in the English commodities markets. As an action in tort, the implied warranty of merchantability protected a buyer …
Express Warranties And Published Information Content Under Article 2b: Does The Shoe Fit?, 16 J. Marshall J. Computer & Info. L. 337 (1998), Joel R. Wolfson
Express Warranties And Published Information Content Under Article 2b: Does The Shoe Fit?, 16 J. Marshall J. Computer & Info. L. 337 (1998), Joel R. Wolfson
UIC John Marshall Journal of Information Technology & Privacy Law
Buyers and Sellers of goods make all kinds of statements to each other about the nature of the contract between them. They make promises and state conditions that relate to price, quantity, means of delivery, remedies, repairs and maintenance, and a whole host of other terms. Interestingly, Section 2-313 of Article 2 of the Uniform Commercial Code ("U.C.C.") takes one kind of statement, express warranties, and treats it in a very special manner. This article will examine the reason for this different treatment and ask whether such different treatment should be extended into the draft of Section 2B-402, Express Warranties, …