Increasing Access To Startup Financing Through Intellectual Property Securitization, 27 J. Marshall J. Computer & Info. L. 613 (2010),
2010
UIC School of Law
Increasing Access To Startup Financing Through Intellectual Property Securitization, 27 J. Marshall J. Computer & Info. L. 613 (2010), Kyle Tondo-Kramer
UIC John Marshall Journal of Information Technology & Privacy Law
This paper will discuss how a private company running a single, nationwide database for filing financing agreements can ease the burden on creditors and pave the way for more creditors to enter this market. Part two offers a brief overview of how intellectual property securitization works and some of the impediments to using this type of securitization. Part three proposes a possible solution to the problem creditors face regarding the filing of a financing statement when attempting to securitize intellectual property, and provides an in depth analysis as to why the suggestion that a private company runs a single, nationwide …
300 Years Of Copyright Law? A Not So Modest Proposal For Reform, 28 J. Marshall J. Computer & Info. L. 1 (2010),
2010
UIC School of Law
300 Years Of Copyright Law? A Not So Modest Proposal For Reform, 28 J. Marshall J. Computer & Info. L. 1 (2010), James Gh Griffin
UIC John Marshall Journal of Information Technology & Privacy Law
2010 sees the three hundredth anniversary of the U.K.'s Statute of Anne 1710. This paper suggests that with the increased ability of content recipients to re-use works, there is a need to readdress the concerns of stakeholders, namely authors, publishers and content recipients. The paper sets out in detail how this should be achieved. To do so, it utilises the notion of creativity as the benchmark by which to balance the interests of stakeholders. This has been used in early eighteenth century case law in the U.K., and there are also other historical and theoretical justifications. The paper then proceeds …
The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010),
2010
UIC School of Law
The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010), Raheel Saleem
UIC John Marshall Journal of Information Technology & Privacy Law
The IOC and the IAAF act as governing bodies for athletes and, therefore, are innately responsible for their actions. However, the gender verification rule exemplifies that irresponsible actions by these governing agencies adversely effects its athletes. The gender verification rule empowers both the IOC and the IAAF to make life-changing decisions without any restriction, leaving athletes susceptible to the unfettered power and abuse of the rule. The legal foundation established by the international human rights declarations support the argument that gender verification testing must be abolished because of its embedded discrimination and intrusive nature. An application of the ICCPR provides …
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 28 J. Marshall J. Computer & Info. L. 81 (2010),
2010
UIC School of Law
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 28 J. Marshall J. Computer & Info. L. 81 (2010), Erin Murphy-Hillstrom, Whitney Hutchinson, Efthymios Katsarelis, Amber Lynn Wagner, Panagiota Kelali
UIC John Marshall Journal of Information Technology & Privacy Law
Petitioner, Aaron Murphy, appeals to the Marshall Supreme Court from a decision affirming the grant of summary judgment in favor of Respondent, MarshCODE, on his claims of defamation, false light invasion of privacy, and breach of contract. Thus, there are now three issues before the Marshall Supreme Court. The first two issues concern whether an individual can maintain an action of defamation and false light invasion of privacy when the false statement arose because of a computer malfunction. The last issue concerns whether the unilateral modification of a privacy agreement constitutes a breach of contract when assent to the modification …
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 28 J. Marshall J. Computer & Info. L. 119 (2010),
2010
UIC School of Law
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Petitioner, 28 J. Marshall J. Computer & Info. L. 119 (2010), Kelly Foss, Vince Lombardozzi, Jared Palmer
UIC John Marshall Journal of Information Technology & Privacy Law
The circuit court erred when it granted summary judgment in favor of MarshCODE because Mr. Murphy has demonstrated facts to support the elements of the (1) defamation, (2) false light invasion of privacy, and (3) breach of contract claims. First, Mr. Murphy has provided facts to support the defamation claim. MarshCODE made a false and defamatory statement about Mr. Murphy when it told Ms. Who that he was her father. Because this matter concerns Mr. Murphy's private life, a negligence standard applies rather than the First Amendment's actual malice standard. Mr. Murphy has demonstrated that MarshCODE acted either negligently or …
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Respondent, 28 J. Marshall J. Computer & Info. L. 151 (2010),
2010
UIC School of Law
The Twenty-Ninth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For Respondent, 28 J. Marshall J. Computer & Info. L. 151 (2010), Kimberly Hodgman, Jody Rodenberg, Erin Tyler
UIC John Marshall Journal of Information Technology & Privacy Law
The First District Court of Appeals properly affirmed summary judgment on behalf of MarshCODE because Appellant failed to raise a genuine issue of material fact on his defamation claim. First, MarshCODE's accidental disclosure of information, which implied that Appellant participated in premarital sex or had a homosexual child, was not defamatory because an average person would not lower his estimation or be deterred from associating with Appellant based on such a statement. Second, no publication was made because MarshCODE did not act with negligence and was unaware of the program malfunction that resulted in the release of the information. Third, …
Protecting Consumers From Spyware: A Proposed Consumer Digital Trespass Act, 28 J. Marshall J. Computer & Info. L. 185 (2010),
2010
UIC School of Law
Protecting Consumers From Spyware: A Proposed Consumer Digital Trespass Act, 28 J. Marshall J. Computer & Info. L. 185 (2010), Richard G. Kunkel
UIC John Marshall Journal of Information Technology & Privacy Law
“Spyware” is a broad term used to describe software that resides on a user’s computer and monitors the user’s online behavior. Though spyware may be helpful or benign, it can also be used for malicious purposes, commonly classified as “malware”. Consumers, who lack sophistication to avoid unintentionally downloading spyware, are especially vulnerable to the threat of malware. In lieu of this threat, it is important to understand the nature and scope of spyware problems affecting consumers. The paper will discuss how common law tort theories of trespass and trespass to chattel are difficult to apply to spyware, and how a …
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010),
2010
UIC School of Law
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener
UIC John Marshall Journal of Information Technology & Privacy Law
Heaping scholarship fills the academic print and online press about where legal scholars should publish and how to have one’s paper accepted for publication. But there is scarce writing about the contractual relationship between the law journal and the author of an accepted paper. This may be due in part to broadly misconstrued or ignored publication agrees, or perhaps that the business relationship is unworthy of scholarly attention. Regardless, this paper introduces a pragmatist’s perspective on evaluating and revising publication agreements, and informs student editors how publication agreements accomplish a journal’s objectives, based on current copyright law. Finally, this paper …
Interpretation & The Internet, 28 J. Marshall J. Computer & Info. L. 251 (2010),
2010
UIC School of Law
Interpretation & The Internet, 28 J. Marshall J. Computer & Info. L. 251 (2010), Cameron Hutchison
UIC John Marshall Journal of Information Technology & Privacy Law
Twenty years after the advent of the Internet, the revolutionary nature of the technology can no longer be in doubt. In spite of the ‘differentness” of the Internet, courts have proven adept at adapting extant law to the features and demands of this new technology. This paper will chronicle the differences between the Internet and other technologies which might, depending on the legal issue, justify the exclusion of the Internet from established rules on the basis of analogical reasoning. Two approaches to legal interpretation – literalism and purposivism—will be discussed in light of this new technology, with an explanation as …
Internet Filtering: The Ineffectiveness Of Wto Remedies And The Availability Of Alternative Tort Remedies, 28 J. Marshall J. Computer & Info. L. 273 (2010),
2010
UIC School of Law
Internet Filtering: The Ineffectiveness Of Wto Remedies And The Availability Of Alternative Tort Remedies, 28 J. Marshall J. Computer & Info. L. 273 (2010), Kristen A. Knapp
UIC John Marshall Journal of Information Technology & Privacy Law
Empirical studies have shown that government Internet filtering is increasing worldwide. Internet Service Providers have progressively begun to take on filtering responsibility in a quasi-governmental capacity. As filtering has increased, some have begun to question whether Internet filtering might violate WTO commitments under the General Agreement on Trade in Services (“GATS Agreement”). This paper will provide technical background on how Internet filtering is accomplished in practice, and explain the GATS Agreement that was held to govern Internet filtering in the U.S.-Gambling Services decision. This paper will further survey the current range of U.S. filtering actions and detail why tort remedies …
Book Review: E-Discovery In Canada,
2010
Dalhousie Law School
Book Review: E-Discovery In Canada, Robert J. Currie
Canadian Journal of Law and Technology
It is not hyperbolic to say that the proliferation of electronically stored information (ESI) is probably the most prominent change-harbinger and potential havoc-wreaker in civil litigation today — second only, perhaps, to the spiralling costs of litigation itself. Indeed, the practical and legal difficulties associated with the storage, gathering, preservation, disclosure and evidentiary use of ESI have the potential to act as a Trojan Horse, causing what would previously have been ordinary cases to implode under their weight. Increasing recognition of this is evident; electronic discovery (e-discovery) cases have begun to emerge in the reports, a successful co-operative effort by …
American Exceptionalism, The French Exception, Intellectual Property Law, And Peer-To-Peer File Sharing On The Internet, 10 J. Marshall Rev. Intell. Prop. L. 95 (2010),
2010
UIC School of Law
American Exceptionalism, The French Exception, Intellectual Property Law, And Peer-To-Peer File Sharing On The Internet, 10 J. Marshall Rev. Intell. Prop. L. 95 (2010), Lyombe Eko
UIC Review of Intellectual Property Law
A fundamental problem confronting policy makers is how to apply intellectual property rules and regulations developed for tangible intellectual property assets in real space to intangible,dematerialized intellectual property in cyberspace. The United States and France are self-described exceptionalist countries. American exceptionalism refers to the historical tendency of the United States to emphasize its unique status as the beacon of liberty, while l’exception française (the French exception) refers to the French ideological posture that emphasizes the specificity and superiority of French culture. American exceptionalism and l’exception française are functionally equivalent theoretical constructs that describe and explain how the United States and …
Cell Phone - A "Weapon" Of Mass Discretion,
2010
Campbell University School of Law
Cell Phone - A "Weapon" Of Mass Discretion, Mark L. Mayakis
Campbell Law Review
Initially, this Comment will discuss the development of the search incident to arrest exception from the warrant requirement and how this exception has been generally defined and judicially interpreted. The next section will include a discussion of how the search incident to arrest exception has been applied to searches of the content stored within pagers. This Comment will then explain how modern cell phones have created difficulties for courts applying the search incident to arrest exception, causing these courts to diverge down two different lines of reasoning, ultimately reaching opposite conclusions. Finally, this Comment will reiterate the necessity that the …
Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010),
2010
UIC School of Law
Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas
UIC Law Review
No abstract provided.
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010),
2010
UIC School of Law
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams
UIC Law Review
No abstract provided.
Virtual Contacts In Patent Cases: How Should Internet-Related Contacts Affect The Personal Jurisdiction Analysis?,
2010
The Catholic University of America, Columbus School of Law
Virtual Contacts In Patent Cases: How Should Internet-Related Contacts Affect The Personal Jurisdiction Analysis?, Megan M. La Belle
Scholarly Articles
In the 1990s, when the Internet was still considered novel, courts struggled with the question of how Internet-related contacts should be treated in the personal jurisdiction analysis. So when Zippo Manufacturing v. Zippo DOT Com established an apparently easy-to-apply test for deciding whether a defendant’s virtual contacts are sufficient for personal jurisdiction, many courts embraced it . To date, however, the Federal Circuit has neither adopted nor rejected the Zippo approach, leaving litigants and lower courts in patent cases with little guidance on the issue. Although a recent decision suggests that the Federal Circuit recognizes the limitations of Zippo, it …
Discriminatory Housing Advertisements On-Line: Lessons From Craigslist,
2010
University of Missouri School of Law
Discriminatory Housing Advertisements On-Line: Lessons From Craigslist, Rigel C. Oliveri
Faculty Publications
The Fair Housing Act makes it illegal to publish discriminatory housing advertisements. This has long been applied to newspapers, which have effectively screened all discriminatory housing ads from sight. However, in 1996 Congress created a loophole when it immunized website operators from liability for the content posted to their sites by third parties. Without publisher liability, websites have no incentive to screen out discriminatory housing ads. The result is that such ads are proliferating in cyberspace.While this situation is problematic from a fair housing standpoint, it presents a valuable opportunity. For the first time in a generation discriminatory housing advertisements …
Sovereignty In The Age Of Twitter,
2010
Elisabeth Haub School of Law at Pace University
Sovereignty In The Age Of Twitter, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
To a degree unimaginable even as recently as twenty-five years ago, people all over the world can communicate with each other easily, cheaply, and frequently, with the concomitant result that people learn more about what is happening elsewhere in the world and even in their own countries. Governments can no longer control information flow nearly to the extent that was once possible, and that has enabled people outside of government to know much more about what government is doing and to know it considerably sooner than might otherwise have been the case. That availability of information is changing the nature …
Vol. Xvii, Tab 54 - Google's Reply Motion In Further Support Of Its Motion For Summary Judgment,
2010
Santa Clara Law
Vol. Xvii, Tab 54 - Google's Reply Motion In Further Support Of Its Motion For Summary Judgment, Google
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xx, Tab 57 - Ex. 2 - Rosetta Stone's First Request For The Production Of Documents From Google,
2010
Santa Clara Law
Vol. Xx, Tab 57 - Ex. 2 - Rosetta Stone's First Request For The Production Of Documents From Google, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
