Past JLTP Abstracts - Volume 2003 Issue 1

                         Articles


Technology and Quality of Education: Does Technology Help Low-Income and Minority Students In Their Academic Achievements?

Jianxia Du & 
James D. Anderson

 

This study examines the equality of educational opportunities (“EEO”) as it relates to the availability and usage of technology. It is generally held that technology is the key to bridging the achievement gap between students from disadvantaged and advantaged socioeconomic or ethnic groups. This study utilized a database constructed from the 1988-1992 National Education Longitudinal Study (“NELS”) in order to investigate the relationships between the availability of technology to secondary-level students, socioeconomic (“SES”) factors, and academic achievement overall. With other relevant conditions constant, the findings suggest that: (1) when compared to their overall student peer group, racialethnic minorities and students of low socioeconomic status who did not have ready access to home computers lagged behind, but there was little difference when only school computer usage was considered; (2) for low SES and minority students, whether computer were used at home or schools had little effect on performance; (3) while there appears to be statistical variations in computer-related academic results, computer usage at school resulted in little increased value to overall achievement (a disappointing conclusion); (4) disadvantaged students generally appear to benefit less than their peers from using computers, whether at home or at school; and (5) statistically, the academic performance of disadvantaged students did not seem to have a correlation to computer usage or any other independent variables.

Trademarks: More Than Meets The Eye

Vincent Chiappetta

 

In recent years, the evolution of protection provided under trademark law has expanded in scope. This expansion has been regarded as a usurpation of rights which are outside the intention of the protections afforded under trademark law. This article advances a proposed resolution to this perceived problem by seeking to recast the paradigm by which the purpose of trademark law is interpreted. By bringing the purpose of trademark law in line with modern day economic reality, the appropriate boundaries of trademark protection can be achieved.

This article begins by introducing the concept of an “encouragement based” trademark regime which seeks to maximize social value by creating incentive for investment while ensuring confusion avoidance. The article considers a brief justification for United States intellectual property law focusing on current propertization concerns. Next, the article argues for the inclusion of incentives in trademark law consistent with use in contemporary culture. Finally, the "encouragement" paradigm is used to consider the mounting pressures coming to bear on current trademark dilemmas. The article concludes that the "encouragement" paradigm is an advancement in the trademark analytical framework and will aid in resolving current concerns while preparing to meet future challenges in this area.


Experimental Approach to the Study of Normative Failures: Divulging of Trade Secrets By Silicon Valley Employees

Yuval Feldman

 

This paper takes an experimental approach to the study of social norms in the context of the divulging of trade secrets in Silicon Valley. Based on data collected from 173 high-tech employees in Silicon Valley, the paper tries to advance the current knowledge in the legal scholarship with regard to the nature and limits of social norms in a legal enforcement context. After describing and analyzing the normative status of trade secret enforcement in Silicon Valley, the paper takes a three-layered approach to the normative failures in compliance with trade secrets requirements. The first level focuses on the limits of formal enforcement of trade secrets, focusing on aspects of deterrence, legitimacy, and information. The second level focuses on the limits of informal enforcement, which relates to the conflict of interest between the information-accepting and information-producing firms. In the third level, the focus is on merging the bounded rationality line of research with the social norms scholarship that suggests the potential failures that could emerge from biases in the perception of the norms. The paper concludes with preliminary suggestions for changes in the formal definitions of trade secrets.


                         Essays

Argus Rules: The Commercialization of Personal Information

Craig D. Tindall

 

[W]ho could deny that privacy is a jewel? It has always been the mark of privilege, the distinguishing feature of a truly urbane culture. Out of the cave, the tribal teepee, the pueblo, the community fortress, man emerged to build himself a house of his own with a shelter in it for himself and his diversions. Every age has seen it so.


Domain Name Disputes: An Assessment of the UDRP As Against Traditional Litigation

John Magee

 

“In real life, unlike in Shakespeare, the sweetness of the rose depends upon the name it bears. Things are not only what they are. They are, in very important respects, what they seem to be.”


                         Notes


Telcos Huff and Puff, But Can’t Always Blow Open the Doors to Multi-Tenant Buildings: In Most States, Building Management Can Keep Unwanted Telcos Out in the Cold

Brecken J. Cutler

 


Stating the Obvious: Patents and Biological Material

Diana D. McCall

 


Will Copyright Eat Gator? The Conflict Between Copyright, the Computer Desktop, and Customization of the Internet Experience

Peter Randall