California Western School of Law

Brown, Scott Chase

English

A Tippee\u27s Duty to Disclose Under Rule 10B-5: Dirks v. S.E.C.

Aiello, Vincent F.J.

California Western Law Review 
Volume 21 Number 1 Article 10 
1984 
BOOK REVIEW: Piercing the Computer Veil 
Vincent F.J. Aiello 
Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr 
Recommended Citation 
Aiello, Vincent F.J. (1984) "BOOK REVIEW: Piercing the Computer Veil," California Western Law Review: 
Vol. 21 : No. 1 , Article 10. 
Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol21/iss1/10 
This Prefatory Matter is brought to you for free and open access by CWSL Scholarly Commons. It has been 
accepted for inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For 
more information, please contact alm@cwsl.edu. 
BOOK REVIEW
Piercing the Computer Veil
LAW OFFICE GUIDE TO SMALL COMPUTERS. By Forrest Dean
Rhoads & John Edwards. Shepard's/McGraw-Hil: Colorado
Springs, Colorado. 1984. Pp. 431. No price given.
Reviewed by Vincent F Aiello *
It would seem that the Law Office Guide to Small Computers'
would be a worthy resource tool for the attorney who finds his time
to be valuable, precious, and a commodity which he never has
enough of. In this world of changing and sophisticated technology,
the computer is the ideal time-saving machine. In theory, and per-
haps in practice, it is the instrumentality to handle the busy work
load, which hangs over an attorney's head like the Sword of Damo-
cles, 2 saving what the legal profession finds in such short supply-
time.
The Guide offers much promise in its attempt to acquaint the
legal community with a working knowledge of computers. It sets
the stage by drawing an analogy between operating a computer and
driving a car.3 One does not have to be aware of the theories of
internal combusion in order to drive a motor vehicle. By the same
token, a person should not have to be knowledgable about what is
going on inside a computer in order to use it. The premise is ideal
for the attorney who is more concerned with the end product rather
than the science that went into achieving it.
This practical concern can be coupled with the two other consid-
erations when dealing with any addition to the law office: (1) What
size or kind of computer does my law practice need? and (2) How
much would this computer system cost? One of the main .flaws
with The Guide is that it takes a shotgun approach in attempting to
answer these questions. It delivers a widely spread pattern in
describing the science and hardware of computer technology while
avoiding any mention of which computer is better in a particular
* B.A., State University of New York at Albany, 1981; J.D., in progress, Califor-
nia Western School of Law, 1985.
1. F.D. RHOADS & J. EDWARDS, LAW OFFICE GUIDE TO SMALL COMPUTERS
(1984) [hereinafter cited as THE GUIDE].
2. A term from Greek mythology referring to an impending disaster. Webster's
New Collegiate Dictionary 1171 (1973).
3. THE GUIDE, supra note 1, at 2.
1
Aiello: BOOK REVIEW: Piercing the Computer Veil
Published by CWSL Scholarly Commons, 1984
BOOK REVIEW
law office setting. The book goes through a brief overview of many
computer companies,4 ranging from Apple5 to Eagle Computers,
6
without any specific negative comments and only a minimal empha-
sis on comparing and contrasting of different models. The Guide, in
this regard, reads more like a catalog of computer companies; this
notion is enforced by the fact that each discussion of a computer
company ends with an address for which to write for more
information.
The brilliant analogy that is first drawn between the car and the
computer quickly dissipates with the first chapter dealing with how
computers work.7 It must be noted that the discussion of the work-
ings of the computer are informational, but the depth of detail is
unnecessary. Terms such as byte, 8 interface, 9 and RS-232C 10 do
little to aid the average attorney in understanding this subject mat-
ter unless he prides himself on having the trivial knowledge for fig-
uring out difficult crossword puzzles.
Perhaps what The Guide does best is to explain the range a poten-
tial computer can have in the law office. It brings to light the time-
saving efficiency a computer can give in terms of research, billing
and word processing, thus allowing smaller firms to stand on a
more even footing with their larger competitors. The Guide points
out that computers must be understood in the context of the rapidly
changing technology that surrounds them. For example, any sys-
tem that is purchased must be done with foresight as to what the
science of tomorrow might bring. An attorney does not want to
purchase a system that may become obsolete overnight, therefore,
whatever system that is purchased must have expandable capability.
In terms of price range for the law office computer, The Guide
addresses this concern by placing the emphasis on fulfilling your
needs first, with price as a secondary concern. The prices given for
the hardware and the software are in wide ranges, a shortcoming of
the shotgun approach of this book. In dealing with more sophisti-
cated computerware, the authors make the statement that, "if you
have to ask the cost, you probably cannot afford one."" The au-
thors also seek to warn attorneys not to buy computers with joy-
sticks, game cartridges or those advertised on television by an actor
who played a Korean War Army Doctor.12
4. Id. at 25-46.
5. Id. at 25.
6. Id. at 45.
7. Id. at 2-21.
8. Id. at 408.
9. Id. at 413.
10. Id. at 416.
11. Id. at 54.
12. Id. at 23.
1984]
2
California Western Law Review, Vol. 21 [1984], No. 1, Art. 10
https://scholarlycommons.law.cwsl.edu/cwlr/vol21/iss1/10
CALIFORNIA WESTERN LAW REVIEW
The Guide deals itself a fatal blow when its final chapter advo-
cates finding a computer dealer and having a salesman reiterate
what you have just read for the past 367 pages. 13 This book seems
to best serve the needs of large law firms with ample resources to
hire a computer programmer. A programmer's main concern is
with the computer, the attorney's main concern is with saving time,
not wasting it. The best, although perhaps obvious, piece of advice
The Guide offers on the purchasing of a law office computer comes
from a term in its glossary: GIGO - Garbage in, Garbage out. 14
You get what you pay for.
13. Id. at 367.
14. Id. at 412.
[Vol. 21
3
Aiello: BOOK REVIEW: Piercing the Computer Veil
Published by CWSL Scholarly Commons, 1984


BOOK REVIEW: Piercing the Computer Veil

Nussbaum, Paul M.

Awarding Punitive Damages in Medical Malpractice Arbitration

Kindt, John Warren

Marine Pollution and Hydrocarbons: The Goal of Minimizing Damage to the Marine Environment

Prescott, Dana E.

Kundin, Cynthia L.

Toward a Model Parental Liability Act

Coates, Robert C.

Grant, Willian B.

Asserting Mineral Rights against the United States Government in Federal Court

International Law Journal, California Western

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 14 SUMMER 1984 NUMBER 3
CONTENTS
ARTICLES
The United States Armed Intervention
in Grenada-Impact on World Order
Ved P. N anda ................................................. 395
Although the United States-led armed intervention in Grenada met with
an immediate reaction of disapproval, the eventual domestic and international
criticism of the action was muted. This article analyzes the legal implications of
the invasion in an effort to assess the possible long-range impact of such actions
on world public order. The reactions to the event in the United Nations, the
Organization of American States, and the nearby Caribbean countries are sum-
marized, and an analysis of the legal grounds on which the United States inter-
vention was justified is undertaken. The discussion examines the rescue of
United States nationals, the request by the Grenadian Government, and the
collective action of the Organization of Eastern Carribbean States as possible
justifications for the intervention in light of pertinent provisions of international
law. The author contends that the legal bases for the invasion are at best tenu-
ous, and that when such actions are undertaken by a super-power they are espe-
cially likely to further weaken the few existing constraints on the use of force.
The Fines Imposed in EEC Competition Cases
in Light of the Pioneer Hi-Fi Decision
Virginia M orris ................................................ 425
With*,, thc decision in the Pioneer ll-F case, the EEC Commission has re-
cently demonstrated a new policy of imposing higher and more significant fines
for clear, serious infringements of the competition rules provided in the EEC
Treaty. Subsequent decisions have followed this lead, affirming the importance
the Commission has placed on the deterrent effect such fines are to afford the
Community. This article explores the criteria the Commission uses in deciding
to impose such penalties and in establishing their appropriate amount. The
analysis focuses on the Commission's power to levy fines and the procedural
requirements it must follow, as well as the role of member states and the use of
informal settlements as an alternative to economic sanctions. The gravity and
duration of the infringement and the presence of mitigating factors is also dis-
cussed in relation to the amount of the fine that will eventually be imposed.
ADDRESS
The Creation of Prisoner of War Law
Admiral James Bond Stockade ................................. 463
1
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons,
COMMENTS
Self-Determination for the People of Taiwan
Kent L. Christiansen ........................................... 471
Jamming the Stations: Is There
an International Free Flow of Information?
Christine M Schenone ......................................... 501
International Narcotics Control: A Proposal
To Eradicate an International Menace
Jeffrey Lee Harding ........................................... 530
BOOK REVIEW
International Aggression
by AhmedA. Rifaat
John R. De Barr
Laura V Kwiatkowski
Tim othy P. Lynch ............................................. 555
BOOK S IN BRIEF ............................................. 558
BOOKS RECEIVED ............................................ 562
2
California Western International Law Journal, Vol. 14, No. 3 [], Art. 1
https://scholarlycommons.law.cwsl.edu/cwilj/vol14/iss3/1


Shemonsky, Lisa G.

The Exclusion of Religion From Great Britain\u27s Race Relations Act:  Sikh  and Ye Shall Find A Violation of Human Rights Obligations

Kirk, Robert P.

The New Holographic Will in California: Has It Outlived Its Usefulness

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 14 WINTER 1984 NUMBER 1
CONTENTS
ARTICLES
Mexican Contributions to the Development of
Principles Relating to Remote Sensing of the
Earth, its Natural Resources and its Environment
Carl Q. Christol ...............................................
With increased awareness of and concern for economic, political and secur-
ity matters, both developed and developing nations are searching for a set of
internationally approved principles governing remote sensing from outer space.
This Article explores the burgeoning conflict between the advanced sensing na-
tions and the nations sensed from outer space. The historical development of
various proposed principles submitted to the Legal Sub-Committee of
COPUOS is presented. Also, an article-by-article assessment of the principles
promulgated by Mexico is detailed. A comparison with previously submitted
principles reveals Mexico's desire to constrain sensing activities in order to en-
sure that sensed States are not prejudiced.
Remote Sensing and National Sovereignty
Over Natural Resources: Assessment of
the Mexican View
David A. M yers ................................................ 22
This Article analyzes legal issues that have emerged from the conflict be-
tween remote sensing and national sovereignty over natural resources. The ma-
jor emphasis is on the question of open dissemination of remotely sensed data.
Both internal and external factors leading to Mexico's position on remote sens-
ing are discussed. Mexico's intense feelings of nationalism and its concern
about national sovereignty have largely determined its foreign policy position
on remote sensing. The use of the "Common Heritage of Mankind" principle
and the desire of Third World nations to reduce the political -and economic
disparity among all States suggest that open dissemination would enhance State
management of natural resources.
COMMENTS
Patenting Microorganisms: Working the Bugs
Out of the International Depositary Authority
Steven D. Schroeder ........................................... 49
1
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons,
The Exclusion of Religion From Great Britain's
Race Relations Act: "Sikh" and Ye Shall Find
A Violation of Human Rights Obligations
Lisa G Shemonsky ............................................ 87
Enforcement Questions of the International
Whaling Commission: Are Exclusive Economic
Zones the Solution?
Joseph P. Rosati .............................................. 114
United States Policy Regarding Nationalization
of American Investments: The People's Republic
of China's Nationalization Decree of 1950
Laurie A. Pinard .............................................. 148
Equal Right of Access in Matters of
Transboundary Pollution: Its Prospects
in Industrial and Developing Countries
James A. Caputo .............................................. 192
BOOK REVIEW
The Modern International Law of Outer Space
by Carl Q. Christol
S. H ouston Lay ............................................... 221
BOOKS IN BRIEF ............................................. 226
BOOKS RECEIVED ............................................ 230
2
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A Tippee\u27s Duty to Disclose Under Rule 10B-5: Dirks v. S.E.C.

BOOK REVIEW: Piercing the Computer Veil

Awarding Punitive Damages in Medical Malpractice Arbitration

Marine Pollution and Hydrocarbons: The Goal of Minimizing Damage to the Marine Environment

Toward a Model Parental Liability Act

Asserting Mineral Rights against the United States Government in Federal Court

Table of Contents

The Exclusion of Religion From Great Britain\u27s Race Relations Act: Sikh and Ye Shall Find A Violation of Human Rights Obligations

The New Holographic Will in California: Has It Outlived Its Usefulness

Table of Contents

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