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Articles 1 - 30 of 242
Full-Text Articles in Law
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia
BYU Law Review
No abstract provided.
Legal Research In An Electronic Age: Electronic Data Discovery, A Litigation Albatross Of Gigantic Proportions, Ahunanya Anga
Legal Research In An Electronic Age: Electronic Data Discovery, A Litigation Albatross Of Gigantic Proportions, Ahunanya Anga
The University of New Hampshire Law Review
[Excerpt] “The increase in e-discovery, e-discovery‘s impact on litigation, and the courts‘ unavoidable role in defining the limits of discovery led to the author‘s decision to develop this article. The availability, accessibility, and the ease of requesting electronic data, resulting in increased e-discovery under the Federal Rules of Civil Procedure, is an important issue that will affect the legal profession and its constituents in many ways for years to come. Part II of this article is an overview of Federal Rule of Civil Procedure 26(f). This part stresses that in recognizing the herculean task involved in e-discovery, courts expect that …
Product Life Cycle Theory And The Maturation Of The Internet, Christopher S. Yoo
Product Life Cycle Theory And The Maturation Of The Internet, Christopher S. Yoo
All Faculty Scholarship
Much of the recent debate over Internet policy has focused on the permissibility of business practices that are becoming increasingly common, such as new forms of network management, prioritization, pricing, and strategic partnerships. This Essay analyzes these developments through the lens of the management literature on the product life cycle, dominant designs, technological trajectories and design hierarchies, and the role of complementary assets in determining industry structure. This analysis suggests that many of these business practices may represent nothing more than a reflection of how the nature of competition changes as industries mature. This in turn suggests that network neutrality …
Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García
Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García
Bruno L. Costantini García
De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades …
From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni
From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni
Law Publications
Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.
Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay
Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay
BYU Law Review
No abstract provided.
Llm Cyberlaw: Information Technology, Law And Society, Subhajit Basu
Llm Cyberlaw: Information Technology, Law And Society, Subhajit Basu
Subhajit Basu
LLM in Cyberlaw: information technology, law and society enables you to develop knowledge and skills in relation to the legal rules regulating cyberlaw activity in the UK and Europe, and at a global level.
Approval Of New Pharmacogenomic Tests: Is The Canadian Regulatory Process Adequate?, Yann Joly, Emma Ramos-Paque
Approval Of New Pharmacogenomic Tests: Is The Canadian Regulatory Process Adequate?, Yann Joly, Emma Ramos-Paque
Canadian Journal of Law and Technology
In the first part of our analysis, we will examine the impact which pharmacogenomics is expected to have on drug research and development, on the drug approval process and on post-marketing surveillance and clinical practice. This will allow us to show how pharmacogenomic testing could be beneficial to drug companies, regulatory bodies, and patients. The second part of our analysis will focus on the regulatory framework applicable to the approval of pharmacoge- nomic tests in Canada, although we are aware of the fact that most manufacturers decide to approve their tests outside of Canada. As mentioned, the applicable regu- lations …
The Admissibility Of Electronic Business Records, Ken Chasse
The Admissibility Of Electronic Business Records, Ken Chasse
Canadian Journal of Law and Technology
The business record provisions of the Evidence Acts determine a record’s admissibility by evidence of its history, which must be the product of “the usual and ordinary course of business” (or comparable “business activity” wording). The electronic record provisions determine a record’s admissibility by the, “integrity of the electronic records system in which it is recorded or stored.” The difference is, records management (RM) based on “paper records concepts” versus “electronic records systems concepts.” The former is subjective — each business determines its own “usual and ordinary course of business”; the latter, objective — in accor- dance with authoritative standards …
Personalization, Analytics, And Sponsored Services: The Challenges Of Applying Pipeda To Online Tracking And Profiling Activities, Eloïse Gratton
Personalization, Analytics, And Sponsored Services: The Challenges Of Applying Pipeda To Online Tracking And Profiling Activities, Eloïse Gratton
Canadian Journal of Law and Technology
No abstract provided.
Canada's Digital Economy Strategy: Toward An Openness Framework, Michael Geist
Canada's Digital Economy Strategy: Toward An Openness Framework, Michael Geist
Canadian Journal of Law and Technology
This essay is an expanded version of my submission to the digital economy consultation. It opens with general issues such as digital policy leadership, cost issues, and emphasizes the need for a principle-based strategy that embraces the benefits associated with “open,” whether open access, open spectrum or open data. It then provides specific recommendations on a wide range of issues including tele- communications policy, privacy, and copyright.
Interpreting Copyright Law And Internet Facts, Cameron Hutchison
Interpreting Copyright Law And Internet Facts, Cameron Hutchison
Canadian Journal of Law and Technology
This paper probes interpretation issues elicited by the impact of digital technologies and the Internet on copyright law. The purpose of the paper is to instill a coherent framework for analyzing copyright law when it encounters Internet or digital facts. In part one, I propose a methodology of statutory interpretation that helps suitably adapt statutory language to technological developments. In essence it is this: courts should examine the language of the operative provision in its statutory context and in light of its purpose. A contextual interpretation of a broadly conceived rule can reveal a legislative intention that certain kinds of …
The Regulation Of Personal Health Record Systems In Canada, James Williams, Jens H. Weber-Jahnke
The Regulation Of Personal Health Record Systems In Canada, James Williams, Jens H. Weber-Jahnke
Canadian Journal of Law and Technology
This paper analyzes the regulatory regime for PHR systems in Canada. The first part of the paper consists of an introduction to some of the major issues associ- ated with these applications, with a focus on privacy, security, data quality, and interoperability. Following this preliminary discussion, the bulk of the analysis deals with the legal instruments that apply to PHR products developed by private sector organizations. Due to space constraints, the paper concentrates on legislative and regulatory instruments, deferring a discussion of the possible impacts of tort, product liability, and contract law on PHR systems. Despite this omission, it is …
Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq.
Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq.
Rodolfo C. Rivas
The author discusses the subtle differences between Copyright and Author's Rights. Then he goes into analyzing the different ways a work can become part of the public domain and how it varies from jurisdiction to jurisdiction and from time to time.////////////////////////////////////////////////////El autor analiza las sutiles diferencias entre los derechos de autor y el copyright. Posteriormente se adentra en el análisis de las formas en las que una obra entra dentro del dominio público, y como estas varían dependiendo del territorio y de la época.
Public Consultations On Net Neutrality 2010: Usa, Eu And France, Sulan Wong, Julio Rojas Mora, Eitan Altman
Public Consultations On Net Neutrality 2010: Usa, Eu And France, Sulan Wong, Julio Rojas Mora, Eitan Altman
Julio Rojas-Mora
The evolution of the Internet has come to a point where almost at the same time, governments all around the world feel the need for legislation to regulate the use of the Internet. In preparing the legislation, consultations were called by various governments or by the corresponding regulation bodies. We describe in this paper the various consultations as well as the background related to the Net Neutrality question in each case. Rather than describing the answers to each consultation, which are available and which have already been analyzed, we focus on comparing the consultations and the statistical figures related to …
The Intel And Microsoft Settlements, Robert H. Lande
The Intel And Microsoft Settlements, Robert H. Lande
All Faculty Scholarship
This article briefly compares and contrasts the recent U.S. Federal Trade Commission's antitrust settlement with Intel, and the antitrust cases brought against Microsoft. The article praises the FTC's settlement with Intel, and predicts that history will judge it very favorably compared to the settlement by the U.S. Department of Justice of its antitrust case against Microsoft.
Disincentives To Data Breach: Problems With Notification And Future Legislative Possibilities, Ross Schulman
Disincentives To Data Breach: Problems With Notification And Future Legislative Possibilities, Ross Schulman
Legislation and Policy Brief
In the modern digitized and networked world, personal identifying information has quickly become a commodity that can be traded, sold, or given away like any other. The uses and potential abuses of personal identifying information, however, distinguish this commodity from any other. Personal identifying information can be copied infinitely, is often not protected nearly as well as physical commodities, and, most importantly, can have particular importance to the person identified by that information. The producer of a bushel of apples presumably cares very little about where his apples end up, as long as he is paid for them to begin …
It's Just Another Little Bit Of History Repeating: Ucita In The Evolving Age Of Information, Thomas J. Murphy
It's Just Another Little Bit Of History Repeating: Ucita In The Evolving Age Of Information, Thomas J. Murphy
Golden Gate University Law Review
This article will address the procedural and substantive reasons why UCITA is, in fact, overly ambitious. With regard to procedure, Part II.A of this comment will outline the historical naissance and development of the highly successful Uniform Commercial Code and contrast that with the development of UCITA. With regard to substance, Part II.B will address what many practitioners have cited as key objections to UCITA. Further, Part II.B discusses examples of terms used in UCITA and compares them to those of common, established practice. Differentiating UCITA from the UCC in these ways will illustrate how UCITA misses the mark it …
Electronic Communications Privacy Act And The Revolution In Cloud Computing : Hearing Before The Subcomm. On The Constitution, Civil Rights, And Civil Liberties Of The H. Comm. On The Judiciary, 111th Cong., Sept. 23, 2010 (Statement By Adjunct Professor Marc J. Zwillinger, Geo. U. L. Center), Marc J. Zwillinger
Testimony Before Congress
ECPA has functioned fairly well during its first 20 years in striking the right balance between law enforcement needs and the privacy expectation of U.S. citizens. But when it was initially passed in 1986, Congress recognized that the “law must advance with the technology to ensure the continued vitality of the fourth amendment.” Based on my experience as an ECPA practitioner for the past 13 years, I believe the time is ripe for another advancement. I hope you will consider these perspectives in crafting legislation that balances law enforcement needs and user privacy in a manner that reflects the reality …
Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo
Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo
All Faculty Scholarship
In recent years, a growing number of commentators have raised concerns that the decisions made by Internet intermediaries — including last-mile network providers, search engines, social networking sites, and smartphones — are inhibiting free speech and have called for restrictions on their ability to prioritize or exclude content. Such calls ignore the fact that when mass communications are involved, intermediation helps end users to protect themselves from unwanted content and allows them to sift through the avalanche of desired content that grows ever larger every day. Intermediation also helps solve a number of classic economic problems associated with the Internet. …
Contracting For Performance In The Procurement Of Custom Computer Software, L. James Lentz
Contracting For Performance In The Procurement Of Custom Computer Software, L. James Lentz
Golden Gate University Law Review
Existing computer contracting procedures often lead to improperly drafted agreements in light of existing contractual remedies. Computer systems may prove unreliable if suppliers develop them based upon improperly drafted agreements. Because courts are reluctant to go beyond the remedies specified in a freely entered contract, the dissatisfied customers often do not have adequate recourse under their agreements. In order to avoid such a result, the parties to each business arrangement need to clearly understand their rights and duties arising from the transaction, and those rights and duties must be incorporated into the written agreement. This comment will attempt to demonstrate …
A Fair Use Project For Australia: Copyright Law And Creative Freedom, Matthew Rimmer
A Fair Use Project For Australia: Copyright Law And Creative Freedom, Matthew Rimmer
Matthew Rimmer
This essay provides a critical assessment of the Fair Use Project based at the Stanford Center for Internet and Society. In evaluating the efficacy of the Fair Use Project, it is worthwhile considering the litigation that the group has been involved in, and evaluating its performance. Part 1 outlines the history of the Stanford Center for Internet and Society, and the aims and objectives of the Fair Use Project. Part 2 considers the litigation in Shloss v. Sweeney over a biography concerning Lucia Joyce, the daughter of the avant-garde literary great, James Joyce. Part 3 examines the dispute over the …
Disloyal Computer Use And The Computer Fraud And Abuse Act: Narrowing The Scope, Greg Pollaro
Disloyal Computer Use And The Computer Fraud And Abuse Act: Narrowing The Scope, Greg Pollaro
Duke Law & Technology Review
Congress drafted the Computer Fraud and Abuse Act (CFAA) to protect government interest computers from malicious attacks by hackers. As computer use has expanded in the years since its enactment, the CFAA has similarly expanded to cover a number of computer-related activities. This iBrief discusses the extension of the CFAA into the employer/employee context, suggests that this goes beyond the Act's express purpose, compares the different approaches taken by the circuit courts in applying the CFAA to disloyal computer use by employees, and argues that the more recent approach taken by the Ninth Circuit provides a better model for determining …
Is The Internet A Maturing Market? If So, What Does That Imply?, Christopher S. Yoo
Is The Internet A Maturing Market? If So, What Does That Imply?, Christopher S. Yoo
All Faculty Scholarship
Network providers are experimenting with a variety of new business arrangements. Some are offering specialized services the guarantee higher levels of quality of service those willing to pay for it. Others are entering into strategic partnerships that allocate more bandwidth to certain sources. Interestingly, a management literature exists suggesting that both developments may simply reflect the ways that the nature of competition and innovation can be expected as markets mature. The real question is not if the nature of competition and innovation will change, but rather when and how. This theory also suggests that policymakers should be careful not to …