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 …
C.S.I. Bulls#!T: The National Academy Of Sciences, Melendedez-Diaz V. Massachusetts, And Future Challenges To Forensic Science And Forensic Evidence,,
2010
Florida International University College of Law
C.S.I. Bulls#!T: The National Academy Of Sciences, Melendedez-Diaz V. Massachusetts, And Future Challenges To Forensic Science And Forensic Evidence,, Joelle A. Moreno
Faculty Publications
No abstract provided.
Patent Law, Hippo, And The Biodiversity Crisis, 9 J. Marshall Rev. Intell. Prop. L. 624 (2010),
2010
UIC School of Law
Patent Law, Hippo, And The Biodiversity Crisis, 9 J. Marshall Rev. Intell. Prop. L. 624 (2010), Andrew W. Torrance
UIC Review of Intellectual Property Law
Planet earth is host to a dazzling variety of living organisms. This diversity of life, or “biodiversity,” is vital to the survival and prosperity of humanity, supplying such vital amenities as food, clothing, shelter, natural biochemicals useful in medicine, industry, and agriculture, and even irreplaceable ecosystem services, such as clean air and water. Despite the prodigious amount of biodiversity on earth, human activities have been depleting it at an accelerating rate that has now reached the level of a mass extinction event. The five greatest threats to biodiversity can be summarized by the “HIPPO” acronym: (1) Habitat loss, (2) Invasives, …
Gene Patenting Debate: The Meaning Of Myriad, 9 J. Marshall Rev. Intell. Prop. L. 953 (2010),
2010
UIC School of Law
Gene Patenting Debate: The Meaning Of Myriad, 9 J. Marshall Rev. Intell. Prop. L. 953 (2010), Miri Yoon
UIC Review of Intellectual Property Law
The United States District Court for the Southern District of New York recently held in Association for Molecular Pathology v. United States Patent & Trademark Office that Myriad’s patent claims directed to isolated DNA molecules encoding human breast cancer susceptibility genes BRCA1/2 are not patent-eligible subject matter. Even though the court construed that the patent claims are directed to tangible chemical compounds, the overriding importance of unclaimed DNA sequence information renders claimed molecules as unpatentable products of nature. While the immediate impact of this decision is limited to Myriad’s patents-in-suit, this decision reflects the concern about the adverse effects of …
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 …
The Exportability Of The Principles Of Software: Lost In Translation,
2010
UC Law SF
The Exportability Of The Principles Of Software: Lost In Translation, Michael L. Rustad, Maria Vittoria Onufrio
UC Law Science and Technology Journal
The American Law Institute approval of The Principles of Software Contracts is a significant milestone in the history of software law. The project began in 2004 because of the flaws of the Uniform Computer Information Transactions Act concerning this issue, problems strengthened by the widely held perception that the law at the time was "undeveloped, confused, and conflicting." Software licensing is presently America's third largest industry and has suffered from the mechanical extension of the law of sales to software over the last forty years, much like courts imported "horse and buggy law" to resolve problems posed by the automobile. …
Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques,
2010
UC Law SF
Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie E. Zink
UC Law Science and Technology Journal
The law is clear that it is the plaintiff-patentee's burden to prove both infringement and damages. It is unclear, however, in cases involving inconsistent manufacturing techniques, what level of evidence is required to meet this burden and when, if at all, such burden should pass to the defendant-infringer to provide rebuttal evidence. One consideration in this analysis is when findings of infringement can extend to the entire product line. Another matter considered in this paper is how the court deals with the confusion of goods and the commingling of records. This Article examines the various patent doctrines that may have …
State And Local Policy As A Tool To Complement And Supplement The Fda Law,
2010
UC Law SF
State And Local Policy As A Tool To Complement And Supplement The Fda Law, Leslie Zellers, Ian Mclaughlin
UC Law Science and Technology Journal
With the recent passage of the Family Smoking Prevention and Tobacco Control Act of 2009, the U.S. Food and Drug Administration now has the authority to regulate tobacco sales, marketing, and use. Though this law is a beneficial step, some gaps remain. There are significant merits to state and local governments enacting local laws to fill these gaps. State and local governments can also effectively partner with the Food and Drug Administration in enforcing various provisions of the law. There are a great deal of local policy options available to state and local governments. This Article provides both recommendations and …
A Dreadful Prognosis: Patentability Of Diagnostic And Personalized Medical Procedures In The Wake Of In Re Bilski,
2010
UC Law SF
A Dreadful Prognosis: Patentability Of Diagnostic And Personalized Medical Procedures In The Wake Of In Re Bilski, Matthew D. Show
UC Law Science and Technology Journal
Over the past few decades, patent applicants in certain technological fields are discovering a conflict inherent between the nature of their claimed inventions and judicial interpretation of Jefferson's Patent Act language throughout the 19th and 20th Centuries. This conflict is particularly apparent in the fields of diagnostic and personalized medicine. This note discusses both modern Supreme Court precedent regarding the requirements for a patentable method claim as how Bilski v. Doll, a business method case, threatens to make such methods unpatentable. Additionally, this note offers the results of an analysis demonstrating how patent agents and attorneys currently draft these types …
Back To Katz: Reasonable Expectation Of Privacy In The Facebook Age,
2010
Fordham Law School
Back To Katz: Reasonable Expectation Of Privacy In The Facebook Age, Haley Plourde-Cole
Fordham Urban Law Journal
Part I of this Note discusses the evolution of Fourth Amendment jurisprudence in reaction to advancing technology, the Supreme Court and circuit courts’ disposition in dealing with electronic “beeper” tracking (the technology that predated GPS), and the legal doctrine governing the government’s use of cellular phones to conduct surveillance of individuals both retroactively and in real-time. Part II examines the developing split among the federal circuits and state courts over whether GPS surveillance of vehicles constitutes a search, as well as the parallel concerns raised in recent published opinions by magistrate judges as to whether government requests for cell-site information …
“Utterly Ineffective”: Do Courts Have A Role In Improving The Quality Of Forensic Expert Testimony?,
2010
Fordham Law School
“Utterly Ineffective”: Do Courts Have A Role In Improving The Quality Of Forensic Expert Testimony?, Joseph Sanders
Fordham Urban Law Journal
In Part I, I review the NRC’s stated reasons for giving the courts little or no role in improving forensic evidence and argue that these reasons cannot explain the fact that the same courts have played a significant role in policing expertise in civil cases. Why then have courts been so reluctant to exclude forensic expert evidence? I explore this question in Part II. I argue that two deep seated factors: (1) the courts’ contextual approach to know-ledge, and (2) the limited ability of science to provide causal answers about the particular case, limit the courts’ willingness to raise admissibility …
Not Guilty By Reason Of Neuroimaging: The Need For Cautionary Jury Instructions For Neuroscience Evidence In Criminal Trials,
2010
Vanderbilt University Law School
Not Guilty By Reason Of Neuroimaging: The Need For Cautionary Jury Instructions For Neuroscience Evidence In Criminal Trials, E. Spencer Compton
Vanderbilt Journal of Entertainment & Technology Law
Neuroimaging technology gives researchers the ability to see structures and functions of the human brain. As the technology advances, it is beginning to change the way the legal field understands the brain and its impact on legal concepts of capacity, sanity, guilt, and innocence. However, the sophisticated technology poses risks that juries will misunderstand the limits of the science or misapply the technical findings to a particular case. To combat the risk of undue prejudice, this Note proposes a cautionary jury instruction designed to remind jurors of the technical and legal limits of bringing neuroimages into the courtroom.
Readily Deployable Approaches To Geoengineering: Cool Materials And Aggressive Reforestation,
2010
American University Washington College of Law
Readily Deployable Approaches To Geoengineering: Cool Materials And Aggressive Reforestation, Max G. Bronstein
Sustainable Development Law & Policy
No abstract provided.
Law, Science, And The Continental Shelf: The Russian Federation And The Promise Of Arctic Cooperation,
2010
American University Washington College of Law
Law, Science, And The Continental Shelf: The Russian Federation And The Promise Of Arctic Cooperation, Betsy Baker
American University International Law Review
No abstract provided.
Caster Semenya And The Myth Of A Level Playing Field,
2010
Western New England College School of Law
Caster Semenya And The Myth Of A Level Playing Field, Erin E. Buzuvis
The Modern American
No abstract provided.
