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High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter A. Effross
High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter A. Effross
Buffalo Law Review
No abstract provided.
Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin
Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin
Buffalo Law Review
No abstract provided.
Application Of Online Systems In Alternative Dispute Resolution, Frank A. Cona
Application Of Online Systems In Alternative Dispute Resolution, Frank A. Cona
Buffalo Law Review
No abstract provided.
Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer
Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer
Buffalo Law Review
No abstract provided.
Lex Informatica: Foundations Of Law On The Internet, Aron Mefford
Lex Informatica: Foundations Of Law On The Internet, Aron Mefford
Indiana Journal of Global Legal Studies
No abstract provided.
World Wide Web Advertising: Personal Jurisdiction Around The Whole Wide World?, Christopher W. Meyer
World Wide Web Advertising: Personal Jurisdiction Around The Whole Wide World?, Christopher W. Meyer
Washington and Lee Law Review
No abstract provided.
Foreword: Reflections On Cyberspace Governance, Standards And Control, 16 J. Marshall J. Computer & Info. L. 1 (1997), George B. Trubow
Foreword: Reflections On Cyberspace Governance, Standards And Control, 16 J. Marshall J. Computer & Info. L. 1 (1997), George B. Trubow
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Internet Red Light Districts: A Domain Name Proposal For Regulatory Zoning Of Obscene Content, 16 J. Marshall J. Computer & Info. L. 21 (1997), April Mara Major
Internet Red Light Districts: A Domain Name Proposal For Regulatory Zoning Of Obscene Content, 16 J. Marshall J. Computer & Info. L. 21 (1997), April Mara Major
UIC John Marshall Journal of Information Technology & Privacy Law
The author argues that the Internet must be regulated in order to ensure stability to the Internet community and viability as a communications medium. She offers two proposals: (1) the "secondary effect" of the Internet destroying its own legitimacy satisfies a substantial governmental need for zoning regulation as set forth in several cases; and (2) the most effective way to implement such zoning regulation is to reinforce accepted Internet standards, specifically the domain naming system. The author explains the difficulty in comparing the Internet to other media. Then the she explains the domain name system, e.g., the domain hierarchies, and …
Trademark Law On The Internet - Will It Scale? The Challenge To Develop International Trademark Law, 16 J. Marshall J. Computer & Info. L. 3 (1997), David W. Maher
UIC John Marshall Journal of Information Technology & Privacy Law
The author states that the rapid growth of the Internet has caused a serious collision between the efficient functioning of Domain Name Systems and the claims of trademark owners. U.S. Courts have recognized that domain names can have trademark implications. Trademarks are important because organizations responsible for allocation and registration of domain names must take trademarks and trademark law into account. The International Trademark Association (INTA) sets forth principles that should apply to the use of trademarks in the Domain Name System. The author's comment focuses on how to accommodate the interests and rights of trademark owners in the DNS …
The Doors Are Locked But The Thieves And Vandals Are Still Getting In: A Proposal In Tort To Alleviate Corporate America's Cyber-Crime Problem, 16 J. Marshall J. Computer & Info. L. 167 (1997), David L. Gripman
UIC John Marshall Journal of Information Technology & Privacy Law
This article addresses the problem of computer hackers, breaking into the computer systems of businesses, and the third party injuries that are ultimately caused by such acts. This is a multimillion dollar problem for the business community. The article discusses the current methods companies use to protect against hackers, and then the author makes some suggestions for protection that include the latest technology available. However, the paper's main focus is on ways to put pressure on businesses to ensure that its computers are protected against hackers to avoid third party injuries. The author looks to tort law to do just …
Commercialism And The Downfall Of Internet Self Governance: An Application Of Antitrust Law, 16 J. Marshall J. Computer & Info. L. 125 (1997), David A. Gottardo
Commercialism And The Downfall Of Internet Self Governance: An Application Of Antitrust Law, 16 J. Marshall J. Computer & Info. L. 125 (1997), David A. Gottardo
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses the proliferation of on-line commercialism on the Internet and the various problems related to the increase of commercialism. Spamming, which is defined as the distribution of large amounts of unsolicited information, has been the major form of commercialism and arguably the most problematic. The article emphasizes the attempts to reduce the problem of on-line commercialism through preventative measures, such as self-governance on the Internet. While the author states that self-governance may be a solution to the problem of excessive commercialism, he also states that self-governance may give rise to problems, such as intervention by the federal government …
Mapping Legal Metaphors In Cyberspace: Evolving The Underlying Paradigm, 16 J. Marshall J. Computer & Info. L. 579 (1998), Robert Reilly
Mapping Legal Metaphors In Cyberspace: Evolving The Underlying Paradigm, 16 J. Marshall J. Computer & Info. L. 579 (1998), Robert Reilly
UIC John Marshall Journal of Information Technology & Privacy Law
Courts often succumb to the temptation to analogize new electronic media to present technologies since the courts can rely upon already existing models. However, the arrival of cyberspace and the World Wide Web has stretched the concept of linking legal precedents to actions to the breaking point. Any attempt to map existing legal metaphors, based on mechanical similarities, onto territory as unknown and changeable as cyberspace is difficult. Instead, it may be more productive to view the World Wide Web as an organic entity or model similar to that of a developing community. The shift from print to electronic information …
The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii
The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii
UIC John Marshall Journal of Information Technology & Privacy Law
As the Internet expands, educational institutions have become interested in the medium for the purpose of expanding learning opportunities. Information that may be objectionable to some members of the community, however, would then be available to children in schools with Internet access. Attempts to regulate the content of the Internet have yet to pass a First Amendment challenge. Concern over what children will be exposed to when the Internet is introduced in the classroom is currently being addressed by educators and legislators alike. The Communications Decency Act was the first to attempt to address the issue of Internet access in …
Rating Internet Content And The Spectre Of Government Regulation, 16 J. Marshall J. Computer & Info. L. 625 (1998), James V. Dobeus
Rating Internet Content And The Spectre Of Government Regulation, 16 J. Marshall J. Computer & Info. L. 625 (1998), James V. Dobeus
UIC John Marshall Journal of Information Technology & Privacy Law
Parents and legislators have become increasingly concerned about access by children to Internet websites. The Communications Decency Act was the first to attempt to address the issue, but it failed to pass a constitutional challenge. Logically, the next step is to rate websites on the Internet. However, mandatory rating legislation will force providers to rate their sites using rating vocabularies such as RSACi, which they might not agree with. A voluntary rating system or old fashioned parental authority seems like a good solution, but both are based on a subjective determination that everyone may not agree with. Society has a …
Use Tax Collection On Internet Purchases: Should The Mail Order Industry Serve As A Model, 15 J. Marshall J. Computer & Info. L. 203 (1997), Steven J. Forte
Use Tax Collection On Internet Purchases: Should The Mail Order Industry Serve As A Model, 15 J. Marshall J. Computer & Info. L. 203 (1997), Steven J. Forte
UIC John Marshall Journal of Information Technology & Privacy Law
Federal intervention is necessary to grant states the authority to collect state sales and use tax from Internet vendors who sell goods within their boundaries but reside elsewhere. With such federal intervention, local retailers, who must charge state use and sales tax to their customers, can compete more fairly with Internet vendors. In addition, state governments can access a large and growing revenue source. Under the Commerce Clause of the United States Constitution, a vendor must have a physical presence on a state before a state can require the vendor to collect and remit sales and use tax. In addition, …
The Scientological Defenestration Of Choice-Of-Law Doctrines For Publication Torts On The Internet, 15 J. Marshall J. Computer & Info. L. 361 (1997), Christopher P. Beall
The Scientological Defenestration Of Choice-Of-Law Doctrines For Publication Torts On The Internet, 15 J. Marshall J. Computer & Info. L. 361 (1997), Christopher P. Beall
UIC John Marshall Journal of Information Technology & Privacy Law
Two major doctrines exist for choosing which state's law applies to an interstate tort: the "lex loci deliciti" (the law of the place of the wrong) approach and the "most significant relationship" approach. In the context of the Internet, the "lex loci deliciti" approach has been criticized for its harshness. For example, it is possible for an e-mail posting to be non-actionable where written, but actionable where read. Likewise, the "most significant relationship" approach has been criticized for its indeterminacy and lack of predictability because the outcome as to the extent of liability for a publication tort on the Internet …
Blackhole In Cyberspace: The Legal Void In The Internet, 15 J. Marshall J. Computer & Info. L. 413 (1997), Alexander Gigante
Blackhole In Cyberspace: The Legal Void In The Internet, 15 J. Marshall J. Computer & Info. L. 413 (1997), Alexander Gigante
UIC John Marshall Journal of Information Technology & Privacy Law
Most people surf the Internet with little concern for who makes decisions regarding Internet administrative matters and who has the authority to make those decisions. Initially, as the Internet evolved out of a project sponsored by the U.S. Department of Defense in 1969, many "founder groups," such as the Internet Assigned Numbers Authority, formed under the auspices of the federal government to administer the network's development. While these groups continue to function today as the main decision-making bodies over all aspects of the Internet's governance, several newer organizations, such as the Internet Society, have taken an important role in the …
An Island In The Net: Domain Naming And English Administrative Law, 15 J. Marshall J. Computer & Info. L. 493 (1997), Mark Gould
UIC John Marshall Journal of Information Technology & Privacy Law
The United Kingdom's system for assigning domain names is privately run and follows some Internet standard for assignments and revocations. However, there are some internal restrictions that reflect the policy of accommodating existing domains and avoiding DNS lock up, which might occur with badly configured domain name servers. Nominet does not easily fit into definitions of a private function since it does have some public characteristics. In addition, no British counterpart to the Internet Service OC exists. The policies followed by Nominet in allocating domain names reflects conventions established prior to its existence. These policies do not appear to take …
1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 15 J. Marshall J. Computer & Info. L. 609 (1997), Donna Blevins, Kathy Partain, Jay Ray
1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 15 J. Marshall J. Computer & Info. L. 609 (1997), Donna Blevins, Kathy Partain, Jay Ray
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1996 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 15 J. Marshall J. Computer & Info. L. 587 (1997), David E. Sorkin
1996 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 15 J. Marshall J. Computer & Info. L. 587 (1997), David E. Sorkin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Notaries Public - Lost In Cyberspace, Or Key Business Professionals Of The Future?, 15 J. Marshall J. Computer & Info. L. 703 (1997), Michael L. Closen, R. Jason Richards
Notaries Public - Lost In Cyberspace, Or Key Business Professionals Of The Future?, 15 J. Marshall J. Computer & Info. L. 703 (1997), Michael L. Closen, R. Jason Richards
UIC John Marshall Journal of Information Technology & Privacy Law
This article examines past and future problems that notaries and cybernotaries face. The article discusses the lack of notaries' business worth because of their inadequate knowledge of their responsibilities and poor job performance. The authors explain the reasons for notaries' inadequate knowledge of their responsibilities, ranging from failure to test before commission renewal to failure to describe the duties of the office. In addition, the authors examine the reasons behind poor job performance, such as negligence, misunderstanding and even illegal conduct. The article discusses the procedure to become a notary, ranging from the qualifications to become a notary to the …
Personal Jurisdiction In Cyberspace: The Constitutional Boundary Of Minimum Contacts Limited To A Web Site, 15 J. Marshall J. Computer & Info. L. 819 (1997), David L. Stott
UIC John Marshall Journal of Information Technology & Privacy Law
This comment analyzes the limits of personal jurisdiction arising from cyberspace contacts through a discussion of the traditional framework of personal jurisdiction, including a minimum contacts analysis. It examines pertinent decisions wherein the courts apply the personal jurisdiction framework to contacts limited to the Internet, such as CompuServe v. Patterson, Zippo Manufacturing v. Zippo Dot Com, Bensusan v. King, and Hearst v. Goldberger. The comment further analogizes the minimum contacts involved in cyberspace transactions by using the narrow "stream of commerce" analysis adopted by Justice O'Connor in Asahi requiring additional activity within a jurisdiction for personal jurisdiction to exist within …
1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 15 J. Marshall J. Computer & Info. L. 645 (1997), Stacey Mckinley, Elizabeth Schmidt, Jeffrey Whitesell
1996 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 15 J. Marshall J. Computer & Info. L. 645 (1997), Stacey Mckinley, Elizabeth Schmidt, Jeffrey Whitesell
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Notary Law And Practice For The 21st Century: Suggested Modifications For The Model Notary Act, 30 J. Marshall L. Rev. 1063 (1997), Vincent Gnoffo
Notary Law And Practice For The 21st Century: Suggested Modifications For The Model Notary Act, 30 J. Marshall L. Rev. 1063 (1997), Vincent Gnoffo
UIC Law Review
No abstract provided.