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Articles 1 - 12 of 12
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Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee
Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee
Richmond Journal of Law & Technology
In 1996, Congress passed the Communications Decency Act ("CDA") in an effort to regulate indecent speech on the Internet. Through the CDA, Congress sought to protect children from easily accessible, harmful materials on the Internet. In spirit, the law had noble intentions; however, on its face, the CDA raised serious constitutional questions and was immediately challenged by First Amendment advocates in ACLU v. Reno ("Reno I"). Using broad and vague terms such as "indecent" and "patently offensive," the CDA threatened to restrict adult access to a tremendous amount of speech that was constitutionally protected. Additionally, through the imposition of criminal …
Y2k …Who Cares? We Have Bigger Problems: Choice Of Law In Electronic Contracts, Aristotle G. Mirzaian
Y2k …Who Cares? We Have Bigger Problems: Choice Of Law In Electronic Contracts, Aristotle G. Mirzaian
Richmond Journal of Law & Technology
Every day it becomes more certain that the Internet will take its place alongside the other great transformational technologies that first challenged, and then fundamentally changed, the way things are done in the world.
Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii
Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii
Richmond Journal of Law & Technology
The United States Patent and Trademark Office (the "PTO") is one of the oldest agencies in the American administrative system. Throughout the history of the United States Court of Appeals for the Federal Circuit ("Federal Circuit") and its predecessor courts, the factual decisions of the PTO administrative boards have been reviewed by the same standard that is applied to decisions of district courts. The standard that has been used is the "clearly erroneous" standard, and its use to review PTO decisions dates back over one hundred years.
The Developing Legal Infrastructure And The Globalization Of Information: Constructing A Framework For Critical Choices In The New Millennium Internet -- Character, Content And Confusion, Tomas A. Lipinski
Richmond Journal of Law & Technology
This paper reviews recent attempts to extend traditional property rights and other information controls and regulations into new media, such as cyberspace, primarily the World Wide Web. It reviews developments in copyright, trademark, trademark dilution, misappropriation, trespass, censorship, tort, privacy and other legal doctrines as they are reflected in recent United States case law and legislation, and to a lesser extent, in international agreements. Legal problems often arise because there is a conflict of viewpoints in how to best characterize space on the Internet, specifically the World Wide Web. Some argue that traditional ownership rights should apply, or perhaps a …
One Professor's Approach To Increasing Technology Use In Legal Education, Shelley Ross Saxer
One Professor's Approach To Increasing Technology Use In Legal Education, Shelley Ross Saxer
Richmond Journal of Law & Technology
Legal educators must increase the use of technology in legal education today Although some legal educators may disagree vehemently with this statement, most have accepted the fact that technology has and will become an even greater part of the fabric of our learning institutions. Students in kindergarten spend some portion of their week in the computer lab. By the time kids reach their middle- and high-school years, many are well-versed in word processing programs, e-mail, and surfing the Internet. Elementary school teachers are trained and encouraged to use multi-media software, the Internet, and other technology in their classrooms because not …
Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor
Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor
Richmond Journal of Law & Technology
"The creation and rapid growth of the Internet have been 'hailed' [as] one of the greatest technological advances in recent history,” remarked one scholar of Internet law and jurisdiction. The Ninth Circuit Court of Appeals characterizes the Internet as "a global network of interconnected computers allow[ing] individuals and organizations around the world to communicate with one another." It is, therefore, not surprising that the Internet impacts every aspect of our daily lives. The Web is the fastest growing part of the Internet, and thus, an important mechanism for commerce. Authors Joseph Zammit and Lynette Herscha explain, "[t]he rapid growth in …
Ucita: The Uniform Computer Information Transactions Act, Michael J. Lockerby
Ucita: The Uniform Computer Information Transactions Act, Michael J. Lockerby
Richmond Journal of Law & Technology
From the heated rhetoric of both proponents and opponents of UCITA, one would think that UCITA represented a radical change from current law. From the standpoint of this practitioner, however, UCITA represents more of an evolutionary than a revolutionary change in the law. In at least three critical areas, the enforceability of "paperless contracts," dispute resolution, and "self-help" remedies, UCITA is arguably consistent with current law or at least the trend of current law. Indeed, the main inconsistency between UCITA and current law is that current law is at times inconsistent. From the standpoint of most businesses, certainty is preferable …
Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills
Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills
Richmond Journal of Law & Technology
You hop on the World Wide Web ready to do some Internet surfing. You decide to check the scores from last night's football game. You head to your favorite search engine and then pause . . . "where will the scores be" you ask yourself. You decide upon ESPN, because you know they have it all when it comes to sports. So, you type in ESPN and click on the "SEARCH" button. You eagerly await the return of the results to head out to the ESPN homepage to find out if your alma mater beat the in-state rival in the …
You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker
You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker
Richmond Journal of Law & Technology
Once a small and diverse community of a handful of government computers, the Internet has expanded to an estimated 157 million users worldwide. According to current studies, the fastest growing user populations on the Internet are thirteen to eighteen year-olds and five to twelve year-olds. In addition, the latest "research . . . predicts that the number of children online [will increase] by 155% between 1998 and 2002."
The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee
The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee
Richmond Journal of Law & Technology
Web surfers who use the AltaVista Internet search engine may not realize that in 1998, Compaq Computer Corporation paid $3.3 million for the rights to the domain name AltaVista.com. A year later, eCompanies paid $7.5 million for the domain name business.com. And in February of 2000, Bank of America paid $3 million for the domain name loans.com. These transactions demonstrate that the ownership, transfer, and control of Internet domain names is a multi-million dollar industry.
Riaa V. Diamond Multimedia Systems: The Recording Industry Attempts To Slow The Mp3 Revolution, Taking Aim At The Jogger Friendly Diamond Rio, Stephen W. Webb
Riaa V. Diamond Multimedia Systems: The Recording Industry Attempts To Slow The Mp3 Revolution, Taking Aim At The Jogger Friendly Diamond Rio, Stephen W. Webb
Richmond Journal of Law & Technology
The music industry may never be the same again. In recent years, the recording industry has faced an onslaught of advances resulting from digital technology. The record industry has battled the manufacturing and import industries over digital home recording since the 1980's. Digital technology initially manifested itself with the compact disc ("CD") and the digital audio tape ("DAT") in the early 1980's and generated greater tensions between the recording, electronics, and computer industries.
Consumer Privacy On The Internet, Andrew Shen
Consumer Privacy On The Internet, Andrew Shen
Richmond Journal of Law & Technology
If we do not bear the loss of this privacy then the prices would be passed along to consumers anyway. We're between a rock and a hard place there's nowhere that we can go. But I think we can be more optimistic than that and I think we can preserve privacy and I think we can further growth of electronic commerce. So let me begin with the consumer perspective. I would like to start with a trend that Mike has already done a good job of starting us out on, and that is the current popularity of personalization and customization. …