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Full-Text Articles in Law

‘Customary Internet-Ional Law’: Creating A Body Of Customary Law For Cyberspace. Part 2: Applying Custom As Law To The Internet Infrastructure, Warren B. Chik Mar 2010

‘Customary Internet-Ional Law’: Creating A Body Of Customary Law For Cyberspace. Part 2: Applying Custom As Law To The Internet Infrastructure, Warren B. Chik

Research Collection Yong Pung How School Of Law

The shift in socio-economic transactions from real space to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 2 of this article, I will construct the customary rules to Internet law-making that are applicable …


Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), Edward Lee Jan 2010

Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), Edward Lee

All Faculty Scholarship

This book review analyzes - and remixes - Lawrence Lessig's last copyright-related book, "Remix." It takes the central ideas, including some quotations, from Remix, and transforms them with some new examples and commentary of my own. Part I summarizes and critiques Lessig’s discussion of (1) the remix and read-write (RW) culture, and (2) its relationship to the sharing, commercial, and hybrid economies. Part II discusses some of Lessig’s reform proposals for our copyright system to foster a remix culture.


'Customary Internet-Ional Law': Creating A Body Of Customary Law For Cyberspace. Part 1: Developing Rules For Transitioning Custom Into Law, Warren B. Chik Jan 2010

'Customary Internet-Ional Law': Creating A Body Of Customary Law For Cyberspace. Part 1: Developing Rules For Transitioning Custom Into Law, Warren B. Chik

Research Collection Yong Pung How School Of Law

The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 1, I will describe the socio-economic problems and stresses that electronic transactions place on existing policy and …


'Canada' In Electronic Evidence, Steve Coughlan Jan 2010

'Canada' In Electronic Evidence, Steve Coughlan

Articles, Book Chapters, & Popular Press

Canada is a bilingual and bi-jurisdictional country. Most provinces and territories are mainly English speaking and have common law as the basis for their legal system. The exception is the province of Quebec which is governed by civil law and where the majority speaks French. However, it must be noted that Quebec civil law has been substantially affected by common law, in particular with respect to discovery rules. The latter are closer to common law discovery rules than they are from, for instance, French civil law. Another important factor for the review of the management of digital evidence in Canada …