Science and Technology Law Commons^™

Why Arthur Goldberg Cared So Much About Privacy, 30 J. Marshall J. Info. Tech. & Privacy L. 67 (2013), David Stebenne

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

How Far Can The Government’S Hand Reach Inside Your Personal Inbox?: Problems With The Sca, 30 J. Marshall J. Info. Tech. & Privacy L.75 (2013), Dana T. Benedetti

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Tweet Tweet: A First Amendment Wake Up Call Regarding Social Media In The Sports Arena, 30 J. Marshall J. Info. Tech. & Privacy L. 117 (2013), Samantha Levin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Warrantless Government Drone Surveillance: A Challenge To The Fourth Amendment, 30 J. Marshall J. Info. Tech. & Privacy L. 155 (2013), Jennifer O'Brien

UIC John Marshall Journal of Information Technology & Privacy Law

The Federal Aviation Administration Modernization and Reform Act of 2012 aims to integrate drones into the United States national airspace by 2015. While the thought of prevalent private and public daily drone use might seem implausible now, the combination of this new legislation and the increasing availability of inexpensive, technologically advanced small drones will make it a reality. From detectaphones to pen registers and most recently, the GPS, the Supreme Court has faced a plethora of unreasonable search challenges to the warrantless use of such sense augmentation devices by law enforcement to collect information. Acting as the privacy safeguard of …

Prism And The European Union’S Data Protection Directive, 30 J. Marshall J. Info. Tech. & Privacy L. 227 (2013), Liane Colonna

UIC John Marshall Journal of Information Technology & Privacy Law

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The Lemons Problem In Crowdfunding, 30 J. Marshall J. Info. Tech. & Privacy L. 253 (2013), Gmeleen Faye Tomboc

UIC John Marshall Journal of Information Technology & Privacy Law

Crowdfunding, an offshoot of crowdsourcing, is being touted as an alternative to traditional sources of financing for small businesses. Despite all its promise, crowdfunding is not without potential problems. To the extent feasible, these possible issues must be anticipated well in advance so that crowdfunding can fulfill its goal of democratizing access to capital.

This paper explores how asymmetrical information in the crowd-funding market can lead to a lemons problem, where high quality start-ups are driven out of the market by low quality projects. Understanding how the lemons problem can arise is critical in determining what reforms are needed to …

Sometimes I Feel Like Somebody’S Watching Me . . . Read?: A Comment On The Need For Heightened Privacy Rights For Consumers Of Ebooks, 30 J. Marshall J. Info. Tech. & Privacy L. 281 (2013), Meredith Mays Espino

UIC John Marshall Journal of Information Technology & Privacy Law

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My Life Is Not My Own: Do Criminal Arrestees’ Privacy Interests In Mug Shots Outweigh Public’S Desire For Disclosure?, 30 J. Marshall J. Computer & Info. L. 307 (2013), Jocelyn Watkins

UIC John Marshall Journal of Information Technology & Privacy Law

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The Thirty-Second Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 30 J. Marshall J. Computer & Info. L. 339 (2013), Dana Benedetti, Daniel Johnson, Kalli Kling, Samantha Levin, Zayna Nubani, Pamela Szelung

UIC John Marshall Journal of Information Technology & Privacy Law

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The Thirty-Second Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 30 J. Marshall J. Computer & Info. L. 373 (2013), Eliana Albelbaisi, Robert Koehl, Todd Smith

UIC John Marshall Journal of Information Technology & Privacy Law

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The Thirty-Second Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 30 J. Marshall J. Computer & Info. L. 403 (2013), Samuel Bragg, Leslie Brockhoeft, Matthew Vinson

UIC John Marshall Journal of Information Technology & Privacy Law

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Allocation Of New Top-Level Domain Names And The Effect Upon Religious Freedom, 12 J. Marshall Rev. Intell. Prop. L. 697 (2013), N. Cameron Russell

UIC Review of Intellectual Property Law

The monopoly provided when trademark protection is given to a religious name is in direct tension with an individual’s right to freedom of religion. One’s ability to freely use a particular religious name in spiritual practice, and to identify one’s belief system with the words that commonly describe it, are weakened when trademark law designates just one owner. This Article explores the impact of the impending issuance of brand new top-level domains utilizing religious names, and how the providing of an exclusive right for one entity to govern over a religious top-level domain, in addition to the existence of a …

Should We Award Mr. Sugano A Valid Patent: Rethinking The Federal Circuit's Rigid Written Description Requirement In Gene Patents, Ning Bao

UC Law Science and Technology Journal

Whether a separate written description exists in 35 U.S.C. § 112 of the United States Code has been the subject of much debate. In Ariad v. Eli Lilly, the Federal Circuit attempted to settle the issue. An en banc panel consisting of eleven judges decided the case; and the court also received twenty-five amicus briefs. The arguments encompassed statutory interpretation, legal precedence, and policy concerns. The nine-judge majority favored a separate written description requirement, while Judge Rader and Judge Linn strongly opposed the majority decision. Whether the holding in A riad is "correct" is beyond the scope of this note. …

Titans And Trolls Enter The Open-Source Arena, Debra Brubaker Burns

UC Law Science and Technology Journal

Open-source software has become a prominent part of the software industry, due in part to its applications in mobile devices, online social networks, and cloud computing. As a result, the open-source community is an increasingly attractive litigation target for patent trolls and titans. While in the past the open-source community focused primarily on ensuring license compliance, it now must reach beyond open-source licensing agreements and vigilantly employ multiple current or as yet untested defensive maneuvers to withstand the threats of patent lawsuits.

Copyright Protection For Search Results: Hiybbprqag, Mbzrxpgjys, And Indoswiftjobinproduction, Joshua L. Young

UC Law Science and Technology Journal

Since the digital revolution, it is estimated that the sum of all information in the world doubles every two years. Yet information is only useful to the extent people can effectively access and utilize the information they need. The search engine Google has met this challenge better than any of its competitors and as a result has become one of the most profitable companies in the world. In 2010, Google began to suspect that a competing search engine, Bing, was copying Google's search results in order to gain a competitive edge. Yet, despite the immense financial implications at stake, whether …

Afterlife In The Cloud: Managing A Digital Estate, Jamie P. Hopkins

UC Law Science and Technology Journal

This digitalization of wealth has challenged the effectiveness and efficiencies of traditional estate planning mechanisms. As such, modified estate planning techniques and the development of digital estate planning services have created serious privacy, security, and efficiency concerns for the transfer and management of digital estates. The creation and adjustment of digital estate planning solutions are required to ensure the privacy, security, and proper disposition of digital estates. However, because the problems facing digital estate planning are extremely complex, a combination of legislative action, creative lawyering, and improved online service agreements are required to effectively and efficiently transform estate planning into …

User-Friendly Licensing For A User-Generated World: The Future Of The Video-Content Market, Joanna E. Collins

Vanderbilt Journal of Entertainment & Technology Law

A picture may say a thousand words, but in today's artistic culture, video is the true king. User-generated remix and mashup videos have become a central way for people to communicate their ideas, to be a part of popular culture, and to bring life to their own artistic visions. Digital technology and the rise of user-generated Internet platforms have enabled professionals and amateurs alike to participate in the creation of web videos, which often incorporate popular content. But this has led to a growing tension between amateur sampling artists and copyright rightsholders. The current video-content-licensing scheme requires individually negotiated contracts …

Parent In Life, Stranger At Law: Addressing The Inequality And Inconsistency Of Parentage Rights Of Same-Sex Parents, 46 J. Marshall L. Rev. 867 (2013), Paul Coogan

UIC Law Review

No abstract provided.

A Conversation On Judicial Decision-Making, Robin Feldman

UC Law Science and Technology Journal

Recent Supreme Court cases reveal a fascinating conversation across time between the Court and the Federal Circuit. It is a conversation not just about the nature of patents, but also about the nature of judicial decision-making. The conversation implicates how one goes about crafting the rules within an area of law, what approaches are tenable, and what is the appropriate relationship among the various courts. The conversation has the feel of an exchange between a teacher and a student, or perhaps between an adult and an adolescent. As with any conversation of this kind, much of the talking is done …

The Sum Of The Parts Is Greater Than The Whole: Why Courts Determining Subject Matter Eligibility Should Analyze The Patent-Eligible And Unpatentable Portions Of The Claim Separately Instead Of Treating The Claim As A Whole, William J. Casey

UC Law Science and Technology Journal

For years, uncertainty has plagued the patent world regarding how to determine if claims are patent eligible. Recent Supreme Court decisions addressing patent eligibility, while resolving the eligibility of the claims before the Court, have not provided a general methodology for lower courts and the Patent and Trademark Office to follow. This note proposes a general method of analysis to determine patent eligibility. First, rather than treat the claim as a whole, the court or examiner should divide a claim into unpatentable and patent-eligible portions. Then the court or examiner should conduct a three-factor analysis to determine if the claim …