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Science and Technology Law Commons™

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1998

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Articles 1 - 30 of 77

Full-Text Articles in Science and Technology Law

Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen Nov 1998

Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen

Michigan Law Review

Ninety-three years ago, in Lochner v. New York, the Supreme Court struck down a maximum-working-hours law for bakers as an impermissible invasion of employer-employee liberty of contract and, by implication, of the employer's property rights in his business. Lochner came to symbolize, and was vilified for, a vision of state power as rigidly circumscribed by the operation of judicially-determined laws of social ordering. By the late 1930s, the Court had changed course and accepted that the states' police power - or, in the case of Congress, the commerce power - encompassed even protective regulation of the parameters of the private …


Technocentrism And The Soul Of The Common Law Lawyer , Molly Warner Lien Oct 1998

Technocentrism And The Soul Of The Common Law Lawyer , Molly Warner Lien

American University Law Review

No abstract provided.


Should There Be Another Ewe? A Critical Analysis Of The European Union Cloning Legislation, Khristan A. Heagle Sep 1998

Should There Be Another Ewe? A Critical Analysis Of The European Union Cloning Legislation, Khristan A. Heagle

Penn State International Law Review (1982 - 2011)

No abstract provided.


Speculating About The Next Administrative Conference: Connecting Public Management To The Legal Process, Paul R. Verkuil Apr 1998

Speculating About The Next Administrative Conference: Connecting Public Management To The Legal Process, Paul R. Verkuil

Articles

The article advocates for the establishment of a new initiative inspired by the legacy of the Administrative Conference of the United States (ACUS) to address the need for improved public management in the federal system. It proposes a reimagined organization that would bridge the gap between legal processes and management issues, fostering a unified approach to public management. The new initiative would build on the strengths of the ACUS, such as its ability to facilitate dialogue between public and private sectors, while overcoming its limitations, including a narrow focus on legal procedures. The article emphasizes the importance of connecting legal …


Discovery, Learning And Adoption Of New Techniques: Choosing Specialization To Optimize Technical Progress, James Bessen Mar 1998

Discovery, Learning And Adoption Of New Techniques: Choosing Specialization To Optimize Technical Progress, James Bessen

Faculty Scholarship

Why is it that adopting new technologies takes so long and costs so much? Clearly, firms do not know all the details necessary to implement a complex technology efficiently; learning these details requires extensive search. However, this explanation has a problem: even limited search may be so costly that newly discovered techniques will not be tried. We find that specialization solves this problem. If a complex process is divided into many small components, each searched in parallel, then discoveries are readily tested. Moreover, specialized search can perform surprisingly well even for processes of indefinite complexity. We measure the returns to …


Internet Contacts And Forum Notice: A Formula For Personal Jurisdiction, Darren L. Mccarty Feb 1998

Internet Contacts And Forum Notice: A Formula For Personal Jurisdiction, Darren L. Mccarty

William & Mary 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. Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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.


Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso Jan 1998

Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso

McGeorge Law Review

No abstract provided.


Justice And Public Safety In The Twenty-First Century, Janet Reno Jan 1998

Justice And Public Safety In The Twenty-First Century, Janet Reno

McGeorge Law Review

No abstract provided.


Legislation: A New Design For Justice Integration, Paul F. Kendall, Anne E. Gardner Jan 1998

Legislation: A New Design For Justice Integration, Paul F. Kendall, Anne E. Gardner

McGeorge Law Review

No abstract provided.


Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso Jan 1998

Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.


The Article 2b Symposium: A Foreword, 16 J. Marshall J. Computer & Info. L. 205 (1998), Ann Lousin Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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, …


Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris Jan 1998

Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris

UIC John Marshall Journal of Information Technology & Privacy Law

Proposed Article 2B seeks to minimize the conflict between the software developer and a client as to whether the contract is for goods or services. If the contract is for goods, then the client would receive the protection of a buyer under Article 2 of the U.C.C. If the contract is for services, then Article 2 does not apply and the relationship is governed by contract and common law principles. Proposed Article 2B will resolve this conflict by recognizing that development contracts are a mixture of goods and services and will also seek to provide default rules. Section 2B-617(b) of …


The Perpetuation Of Litigation Within The Commercial Industry: Soon Brought To A Screeching Halt, 16 J. Marshall J. Computer & Info. L. 421 (1998), Rhonda Salleé Jan 1998

The Perpetuation Of Litigation Within The Commercial Industry: Soon Brought To A Screeching Halt, 16 J. Marshall J. Computer & Info. L. 421 (1998), Rhonda Salleé

UIC John Marshall Journal of Information Technology & Privacy Law

Prior to the drafting of Article 2B of the Uniform Commercial Code ("U.C.C."), courts applied Article 2: Sales, by analogy, to transactions that involved licensing of software agreements. The courts used the "predominant feature test" to reach these decisions. This resulted in varying decisions among the states which is contrary to the need for uniformity within the software industry. Pursuant to Article 2B, a license is a "contract that expressly authorizes, prohibits or controls access to or use of information, limits the scope of the rights granted, or affirmatively grants less than all rights in the information, whether or not …


Procd, Inc. V. Zeidenberg And Article 2b: Finally, The Validation Of Shrink-Wrap Licenses, 16 J. Marshall J. Computer & Info. L. 439 (1998), Joseph C. Wang Jan 1998

Procd, Inc. V. Zeidenberg And Article 2b: Finally, The Validation Of Shrink-Wrap Licenses, 16 J. Marshall J. Computer & Info. L. 439 (1998), Joseph C. Wang

UIC John Marshall Journal of Information Technology & Privacy Law

In ProCD, Inc. v. Zeidenberg, the Seventh Circuit validated a licensor's shrink-wrap license. This court was one of the first courts to validate such licenses. The case involved a graduate student, Zeidenberg, who purchased ProCD's telephone directory software program which contained the shrink-wrap license at issue. After Zeidenberg took the software home, he downloaded the information in the software into his computer and put the information onto a website, despite the language on the computer screen prohibiting such dissemination of the software's contents. Then, Zeidenberg allowed Internet users to use his website to access the directory originally located on the …


Regulating The Media's Coverage Of Terrorist Activities, 8 Computer L.J. 227 (1988), Karin Anderson Moffitt Jan 1998

Regulating The Media's Coverage Of Terrorist Activities, 8 Computer L.J. 227 (1988), Karin Anderson Moffitt

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Cable Tv Users Taxes: A First Amendment Challenge, 8 Computer L.J. 257 (1988), Carlos Victor Yguico Jan 1998

Cable Tv Users Taxes: A First Amendment Challenge, 8 Computer L.J. 257 (1988), Carlos Victor Yguico

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Challenging Cable Televison Exclusive Franchise Agreements: Has "State Action" Immunity Gone Too Far?, 8 Computer L.J. 311 (1988), Mark T. Kawa Jan 1998

Challenging Cable Televison Exclusive Franchise Agreements: Has "State Action" Immunity Gone Too Far?, 8 Computer L.J. 311 (1988), Mark T. Kawa

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Dynamics Of Computer And Information Technology Law In Conjunction With The Global Information Infrastructure: A Foreword, 16 J. Marshall J. Computer & Info. L. 777 (1998), Steven A. Mcauley Jan 1998

The Dynamics Of Computer And Information Technology Law In Conjunction With The Global Information Infrastructure: A Foreword, 16 J. Marshall J. Computer & Info. L. 777 (1998), Steven A. Mcauley

UIC John Marshall Journal of Information Technology & Privacy Law

One of the primary purposes of The John Marshall Journal of Computer Information Law is to focus on recent developments, on an international basis, in computer and information technology law. The themes that are developed in each issue of Volume Sixteen, present problems in computer and information technology law, and hopefully help answer questions in this dynamic field of law. The first issue of Volume Sixteen is a perspective issue on cyberspace governance, standards, and control. The lead articles of this issue discusses the challenge to develop international trademark law with regard to the Internet, Internet regulatory zoning of obscene …


Who Owns The Web Site?: The Ultimate Question When A Hiring Party Has A Falling-Out With The Web Site Designer, 16 J. Marshall J. Computer & Info. L. 857 (1998), Rinaldo Del Gallo Iii Jan 1998

Who Owns The Web Site?: The Ultimate Question When A Hiring Party Has A Falling-Out With The Web Site Designer, 16 J. Marshall J. Computer & Info. L. 857 (1998), Rinaldo Del Gallo Iii

UIC John Marshall Journal of Information Technology & Privacy Law

The question is "Who owns your web site?" This question is difficult to answer absent a copyright assignment clause since no one knows who the owner of the web site is under current law. There are several problems that occur when a web designer is placed in a position against the hiring party in determining ownership rights to a web site. It is important to distinguish ownership rights to a web site, since most contractual agreements between a web site designer and a hiring party do not address this issue. Every day, hundreds of new web sites are appearing and …


Free Speech On The Information Superhighway: European Perspectives, 16 J. Marshall J. Computer & Info. L. 905 (1998), Caroline Uyttendaele, Joseph Dumortier Jan 1998

Free Speech On The Information Superhighway: European Perspectives, 16 J. Marshall J. Computer & Info. L. 905 (1998), Caroline Uyttendaele, Joseph Dumortier

UIC John Marshall Journal of Information Technology & Privacy Law

This article focuses on the need for free speech legislation on the information superhighway. Two issues are addressed in this article. First, whether additional measures are needed for protecting free speech on the Internet. Second, whether the existing restrictions on free speech are relevant. The information superhighway in the United States is referred as a growing economic interest in information. In contract, the emphasis in Europe lies more on the "information society." In both instances, the government recognizes that the Internet has become a powerful medium of expression. Additionally, the Internet is a true testing ground for regulating the information …


Tracking Stolen Artworks On The Internet: A New Standard For Due Diligence, 16 J. Marshall J. Computer & Info. L. 937 (1998), Laura Mcfarland-Taylor Jan 1998

Tracking Stolen Artworks On The Internet: A New Standard For Due Diligence, 16 J. Marshall J. Computer & Info. L. 937 (1998), Laura Mcfarland-Taylor

UIC John Marshall Journal of Information Technology & Privacy Law

This comment proposes adopting an internationally recognized standard of due diligence in reporting lost or stolen artworks utilizing the Internet. To insure that the proposed standard of due diligence is acceptable internationally, this Comment proposes the creation of a readily accessible database in which the theft of artworks is tracked utilizing the Internet. First this Comment briefly discusses the history of stolen artworks. Second, this Comment discusses the various legal standards the courts use in analyzing stolen art cases: statute of limitations, due diligence and adverse possession. To analyze the standards now used, four cases are discussed: O'Keeffe v. Snyder, …