The Journal of High Technology Law

Articles from Vol. 3, No. 1, January

Assessing the Patentability of Financial Services and Products
I. INTRODUCTION This paper examines the patentability of business methods, specifically those that are related to financial products. Traditionally, business methods have been excluded as unpatentable subject matter under 35 U.S.C. [section] 101....
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Caught on Tape: Exposing the Unsettled and Unpredictable State of the Right of Publicity
I. INTRODUCTION The right of publicity is the right to control the commercial exploitation of one's identity. (1) Casting out its net, the right of publicity provides a tool to prevent or stop people from benefiting from the unauthorized use of...
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Extraterritorial Jurisdiction: Can RICO Protect Human Rights? A Computer Analysis of a Semi-Determinate Legal Question
I. USING COMPUTERS TO SIMULATE LEGAL DECISION MAKING The ability of computers to perform complex tasks no longer remains a subject of serious debate. Thus, the question whether computers can model or simulate legal decision-making should be increasingly...
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Inevitable Disclosure of Trade Secrets: Employee Mobility V. Employer's Rights
I. INTRODUCTION Trade secret law possesses increasing importance with the globalization of the economy and the increase in employee mobility. (2) State law, rather than federal law, governs trade secrets and most states follow the Uniform Trade...
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Keeping-Up Intellectual Property Lifelines for Life Science Ventures
Today's biotechnology intellectual property ("IP") strategists find themselves in an unenviable position. Modern biological research brings about an avalanche of not only scientific data, but also of unprecedented ethical, policy, and philosophical...
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The Digital Millennium Copyright Act and the First Amendment: How Far Should Courts Go to Protect Intellectual Property Rights?
Federal courts are currently upholding the newly tested Digital Millennium Copyright Act of 1998 (1) ("DMCA") on challenges that it violates freedoms of expression protected by the First Amendment. (2) The powerful players in the entertainment industries...
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The Hague Runs into B2B: Why Restructuring the Hague Convention of Foreign Judgments in Civil and Commercial Matters to Deal with B2B Contracts Is Long Overdue
I. INTRODUCTION In October of 1999, The Hague Conference on Private International Law issued a Preliminary Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters (Hague Convention). (1) There were sixty-four member...
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USA Patriot Act, the Fourth Amendment, and Paranoia: Can They Read This While I'm Typing?
They that can give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. (1) The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized...
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