Articles

Jun
16

In 1963, Nobel Prize winning geneticist Joshua Lederberg predicted that medical advances would impose “intolerable economic pressures on transplant sources.” His prophetic statement has become more undeniably true as current altruistic methods for organ donation have failed to meet organ demand for more than thirty years. As a result of these failed organ procurement methods,

Jun
16

On July 25, 2002, Representative Howard Berman (DCalif.) introduced a bill that would protect copyright owners from legal action stemming from “blocking, diverting or otherwise impairing the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer (“P2P”) file trading network.”2 The bill, known as H.R. 5211, has

Jun
16

Today, Internet-based radio broadcasters are caught in a royalty rate fight. Internet radio broadcasters are making a name for themselves by introducing America to new forms of music. The number of daily listeners continues to swell. In 1999, the Arbitron Company, a premier media and marketing research firm, estimated that thirty-five percent, or approximately 29

Jun
16

Fifteen years ago, state legislatures around the country had either recently passed, or were considering, legislation to protect consumers from purchasing “lemon” cars. In 1985, “[d]isputes over automobile warranties constitute[d] some of the most intractable problems that [arose] between manufacturers and consumers.” By 1993, all fifty states and the District of Columbia had passed lemon

Jun
16

E-democracy is proclaimed as the next thing. It is taken as one of the most efficient avenues through which modern democracies can enhance their participatory profile. This assertion is driven by a broadening dissatisfaction with the state of “modern democracy.” Our democratic institutions are unable, so the critics argue, to produce the kind of legitimacy

Jun
16

Although the Internet has opened up new opportunities for both businesses and consumers, it also has made possible a tremendous expansion in the market for personal information that many regard as unfortunate and threatening. The computerization of information has made collecting, storing, processing, and transmitting information vastly cheaper. Since lower prices tend to provide greater

Jun
16

Since the peak of the NASDAQ in March of 2000, many technology companies have found either that they cannot raise enough capital to implement their business plans or that they have an untenable business plan. Some have simply shut their doors and gone out of business, while others have filed for bankruptcy. Either way, these

Jun
16

Conflicting standards of claim construction confuse patent practitioners and the patent holders they represent about the scope of the patent’s protection. In particular, claim construction canons establishing the relationship between the claims and the written description in determining the scope of protection are unclear. In a recent case, Teleflex, Inc. v. Ficosa North America Corp.,

Jun
16

An estimated 2.3 billion spam electronic messages (emails) are sent daily. An average Internet user is likely to receive approximately 1,500 spam e-mails by 2006. Spam e-mail has increased an incredible 450% in the year between summer 2001 and summer 2002. According to a recent European Union study, the cost to consumers and businesses of

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