Law Commons^™

In Defense Of Online Intermediary Immunity: Facilitating Communities Of Modified Exceptionalism, H. Brian Holland

H. Brian Holland

No abstract provided.

Expanding Preferential Treatment Under The Record Rental Amendment Beyond The Music Industry, Ryan G. Vacca

Ryan G. Vacca

This Article explores the development of copyright law’s first sale doctrine and the Record Rental Amendment (RRA) in light of the Sixth Circuit’s interpretation of the RRA in Brilliance Audio, Inc. v. Haights Cross Communications, Inc. This Article does not take issue with the court’s conclusion, but instead uses the differing conclusions of the majority and dissent to illustrate that the RRA exception is in need of Congressional clarification. This Article also examines whether the Record Rental Amendment should be amended to include audiobooks and other non-musical works, concluding that they should. The author then proposes two alternative amendments to …

Digital Media & Intellectual Property: Management Of Rights And Consumer Protection In A Comparative Analysis, Nicola Lucchi

Nicola Lucchi

Digital Media & Intellectual Property is a comparative research that analyzes the legal and tecnological emerging issues in the Intellectual Property Rights arena. The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media. It describes the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular, the author analyzes the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe, and …

The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann

Michael D. Mann

This Comment explores how television shows such as CSI and Law & Order have created heightened juror expectations in courtrooms across America. Surprise acquitals often have prosectors scratching their heads as jurors hold them to this new "Hollywood" standard. The Comment also analyzes the CSI phenomena by reflecting on past legal television shows that have influenced the public's perception of the legal profession and how the "CSI effect" has placed an even greater burden on parties to proffer some kind of forensic evidence at trial.

The Comment was published in volume 24 of the Buffalo Public Interest Law Journal (2006).

Regulatory Supervision Of Emerging Technologies: A Case For Nanotechnology In India, Nupur Chowdhury

Nupur Chowdhury

Regulatory supervision of emerging technologies is seen as unfriendly to business ventures entering uncharted areas. However, technologies like nanotechnology should be supervised as they pose potential environmental risks and health hazards. The initial investments into research in such technologies are public-funded and, hence, it is important to consider questions of efficiency in resource allocation, the need for transparency and public involvement in decision-making.

The Methamphetamine Remediation Research Act Of 2005: Just What The Doctor Ordered For Cleaning Up Methfields—Or Sugar Pill Placebo?, Aaron R. Harmon

Aaron R. Harmon

Methamphetamine labs can be set up anywhere. One batch of methamphetamine produces five to seven pounds of toxic byproduct. These contaminants are often dumped at the production site and, along with airborne contaminants from the cooking process, leave behind a “methfield.” States have developed widely divergent standards for methfield remediation. This Comment examines the solution proposed under the Methamphetamine Remediation Research Act of 2005 (“MRRA”). Part II provides some background on methamphetamine use, production, and cleanup. Part III reviews how methfields have been addressed by state and federal agencies. Part IV evaluates the MRRA and assesses its potential contributions to …

Demystifying Clickstream Data: A European And Us Perspective, Rebecca Wong, Daniel B. Garrie

Dr Rebecca Wong

Clickstream data is an issue that cannot be ignored by non-EEA data controllers, data protection authorities, legislators and the judiciary. In this paper, the notion of clickstream data is discussed in the context of the European data protection framework and the US legal framework. This article considers the extent to which clickstream data is protected as “personal data” under the European Data Protection Directive 95/46/EC. The article discusses the impact of the Wiretap Act 18 U.S.C. § 2701 (2004) and related statutes. The paper calls for more discussion and guidelines by data protection authorities into the notion of clickstream data …

The Failure Of The Rule Of Law In Cyberspace? Reorienting The Normative Debate On Borders And Territorial Sovereignty, H. Brian Holland

H. Brian Holland

No abstract provided.

Regulating Electronic Contracts: Comparing The European And North American Approaches, Andrew D. Murray

Professor Andrew D Murray

The development of on-line retailing (or e-tailing) is an essential element of the commercial development of Cyberspace and has provided the foundation of a flourishing online business community. The ability to enter into and perform contracts online is at the heart of this development. Without the certainty offered by a legal obligation to supply goods or services consumers may feel exposed, leading to faltering consumer confidence in electronic commerce with potentially harmful economic consequences. This paper compares how the two leading e-commerce trade blocs, the European Union and the United States have dealt with these challenges. It will highlight the …

Regulation And Rights In Networked Space, Andrew D. Murray

Professor Andrew D Murray

The Internet is often described as inherently free from regulation; a space where freedoms and liberties are guaranteed by the design of the network environment. The naivety of this view has, however, been exposed by commentators such as Andrew Shapiro, Joel Reidenberg and Lawrence Lessig who have clearly demonstrated the inherent regulability of networked space. The question no longer is: can networked space be regulated? But rather: how and by whom is it regulated? This paper examines the regulation of rights in networked space. In seeking to address this issue, property rights and rights to free speech, or free expression, …