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PUBLICATIONS
| Cite as: J. High Tech. L. |
| Jerry Cohen, Esq. Perkins, Smith & Cohen, LLP |
| Cohen explores the ways in which federal issues impact the generalized notion that trade-secret laws are governed mainly by state law. Throughout the article, Cohen describes the various federal statutes and regulations that impact trade-secret law ranging in fields from government procurement contracts to military secrecy. Cohen delves into the impact that the Freedom of Information Act has had upon trade-secrets, as well as issues such as the interstate transport of documentation or electronic media copies of trade secrets. Cohen also investigates the effects that federal police powers, including the USA PATRIOT Act, have on trade-secret laws. Finally, Cohen ends with a survey of federal areas that have an impact, although incidental, on areas of trade-secrets law such as bankruptcy law, tax law, antitrust law, and issues with e-commerce. |
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| F. Barrett Faulkner |
| Faulkner discusses the implications that reproductive technology has upon the legal determination of parentage. Faulkner focuses on two Massachusetts Supreme Judicial Court decisions dealing with different aspects of reproductive technology, the first addressing the question of whether a child conceived after the death of the genetic father, using frozen sperm, may inherit under the state's intestacy laws; the second dealing with who the legal parents are of a child born to a surrogate mother. In analyzing the two decisions, Faulkner reviews and describes the technology involved in both circumstances. Faulkner then examines each case in turn, focusing on the court's analysis of current law, the implications derivative of the decision and the potential legal issues arising from each decision. Finally, Faulkner examines the common problems of the two cases and suggests potential approaches in resolving such questions. |
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| Lori L. Jones |
| Jones highlights the struggle between the rapidly growing structure of e-commerce and the copyright infringement risks that come with such a system. Jones begins the discussion by introducing the online service provider (“OSP”) eBay, detailing its workings, and introducing the possibilities in such a system for copyright infringement. Jones then surveys the evolution of copyright law, from the 1976 Copyright act to the Digital Millennium Copyright Act (DMCA). The author discusses the various provisions governing copyright infringement and then examines the safe harbor provisions, where, although not offering total immunity, grant broad protections to an OSP from liability. Jones next traces the development of liability for copyright infringement to the most recent cases. In doing so, the author focuses on the various forms of secondary and vicarious liability that a court may impose, noting the melding of traditional case law precedent regarding copyright law with the more recent decisions of courts regarding copyright infringement and the DMCA. Finally, Jones applies the development of liability for copyright infringement to specific cases of internet copyright law, and analyzes how such decisions have rendered OSPs, by and large, free from liability. |
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| Janine H. McNulty |
| McNulty explores the impact that new compute technology may have on the Massachusetts statutory right to privacy. McNulty begins with the history and evolution of the statute, and then analyzes the language and legislative intent. In so doing, the author highlights the threshold, identified by state courts, which a claimant must reach in order to bring an actionable claim for invasion of privacy. Next, McNulty discusses various forms of computer technology that breed ways in which someone may violate another's privacy. After describing such potential grounds for invasion of privacy, the author demonstrates, on the basis of case law precedent, how Massachusetts courts may rule on potential issues of computer invasions of privacy. |
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| Shana K. Rahavy |
| Rahavy discusses the application of the Federal Wiretap Act to domestic eavesdropping, in both the parent-child and marital-home context. Rahavy surveys the history of federal wiretapping legislation, paying detailed attention to the enumerated statutory exceptions, including the interspousal wiretapping common law exceptions, and then notes the remedies available for violations of the legislation. The article's focus then turns to application of the Federal Wiretap Act in the realms of marital home and parent-child context. Rahavy notes that while courts have typically applied the Wiretap Act to marital home situations, they have been hesitant to apply the Act to the parent-child relationship. Finally, Rahavy ends the article with a look at sophisticated technological advances in surveillance in the family home, how courts have applied current federal law to such advances, and the implications that may arise from such advances. |
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| Shannon L. Hopkins |
| In this article, Hopkins examines the evolution, proceedings, and shortcomings of the Cybercrime Convention, and concludes that while the Convention's practical impact is merely aspirational, it is a long overdue beginning in confronting the burgeoning issue of cyber crime. The article begins with a detailed account of the rise of cyber-crime and then quickly moves into a discussion of the areas in which such crime is directed and the opportunities that arise for cyber-crime with the advent of technological advances. Following this account, Hopkins details the purposes, evolution, and imposition of the Convention. Hopkins then gives a quick overview of the provisions of the Convention before moving into an analysis of the provisions. Finally, Hopkins analyzes the deficiencies of the Convention and offers suggestions on how to make the Convention's provisions more practical and applicable to current cyber-crimes, while retaining the necessary flexibility to deal effectively with future instances of cyber-crime. |
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| John B. Moretta |
| In this article, Moretta discusses the impact of the electronic resume on Federal Employment Discrimination Law. Moretta begin his article by noting that one of the unresolved problems created by the advent of electronic resumes is who, of those applying for a job via electronic resume, is considered an applicant to fall within federal employment discrimination law. Moretta explores the different ways in which a person can submit their resume electronically and comments on the huge increase in numbers that have accompanied such use of electronic resumes. Next, Moretta discusses in-depth the federal guidelines of Employment Discrimination law, focusing much of his discussion on two theories of employment discrimination: disparate treatment discrimination and disparate impact discrimination. In both instances, the analysis turns on who is considered an “applicant”, and so Moretta examines who is considered an “applicant” to fall under the umbrella of protections of federal employment discrimination laws. Finally, Moretta analyzes the various definitions of “applicant” that have been offered and makes suggestions that better define the term, which would avoid two of the biggest problems created by the electronic resume: expensive litigation costs and record keeping. |
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| Ryan J. Swartz |
| Swartz explores the impact that e-commerce has upon the state's ability to impose and collect revenue. Swartz discusses the process in which states may impose sales and use taxes on e-commerce, and highlights the constraints upon states in collecting use taxes. Swartz explains that such constraints, imposed by the Supreme Court decision in Quill Corp v. North Dakota and by federal statute, exist when a seller does not have sufficient contacts or a sufficient nexus with a state to levy a use tax, thereby costing the states billions of dollars in lost tax revenue every year. Swartz discusses the impact that this situation inflicts upon e-commerce sellers and “ Main Street retailers.” Finally, Swartz ends the article with current proposed initiatives, such as the Streamlined Sale Tax Project, that would potentially put both sides on a more equal playing field. |
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