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Articles 1 - 30 of 41
Full-Text Articles in Law
Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward
Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Which Stream To Follow: Why The Eleventh Circuit Should Adopt A Broader Stream Of Commerce Theory In Light Of Growing E-Commerce Markets, Christopher Porterfield
Which Stream To Follow: Why The Eleventh Circuit Should Adopt A Broader Stream Of Commerce Theory In Light Of Growing E-Commerce Markets, Christopher Porterfield
Georgia State University Law Review
No abstract provided.
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
Daniel J Gervais
he paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. This paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
ExpressO
In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be
Verdugo In Cyberspace: Boundaries Of Fourth Amendment Rights For Foreign Nationals In Cybercrime Cases, Stewart M. Young
Verdugo In Cyberspace: Boundaries Of Fourth Amendment Rights For Foreign Nationals In Cybercrime Cases, Stewart M. Young
Michigan Telecommunications & Technology Law Review
This Comment examines the current legal framework governing Fourth Amendment rights for foreign nationals accused of committing crimes within the United States. Over the past three years, federal courts have tried several cases charging foreign nationals with committing crimes through the use of the Internet; these cases demonstrate a lack of clarity in the standard for warrant requirements regarding these searches. Utilizing these cases, this Comment creates a hypothetical case that presents the issues of Fourth Amendment rights for foreign nationals and seeks to determine how such a question should be answered. It advocates the clear application of United States …
The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky
The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky
Michigan Telecommunications & Technology Law Review
I argue that a person's privacy interest in his email is the same as his privacy interest in a telephone conversation. Moreover, the privacy interest in email remains unchanged regardless of whether it is intercepted in transmission or covertly accessed from the recipient's mailbox. If one accepts this assumption, it follows that the level of protection against surveillance by law enforcement officers should be the same[...] As technology continues to blur the distinction between wire and electronic communication, it becomes apparent that a new methodology must be developed in order to provide logical and consistent protection to private communications. The …
Inevitable Disclosure Through An Internet Lens: Is The Doctrine's Demise Truly Inevitable?, Joseph F. Phillips
Inevitable Disclosure Through An Internet Lens: Is The Doctrine's Demise Truly Inevitable?, Joseph F. Phillips
William & Mary Law Review
No abstract provided.
Regulating Internet Payment Intermediaries, Ronald J. Mann
Regulating Internet Payment Intermediaries, Ronald J. Mann
ExpressO
This paper examines legal and policy issues raised by changes in payment methods related to the rise of the Internet. The two major changes – the rise of P2P systems like PayPal, and the rise of Internet billing systems (EBPP) to replace the use of paper bills and checks – both involve new intermediaries that facilitate payments made by conventional payment systems. The paper first discusses how those systems work. It then discusses problems in the framework currently used to regulate those systems in the United States, which has not been updated to protect consumers from the special problems those …
Crimes And Offenses Offenses Against Public Health And Morals: Change Certain Provisions Relating To Sexual Offenses, Pimping, And Sexual Battery; Include Depiction Of Any Portion Of A Minor's Body Part In The Prohibition Against Sexual Exploitation Of Children, Thomas Mihill
Georgia State University Law Review
The Act criminalizes transporting a person for the purpose of prostitution. It raises the punishment for sexual battery against a child under the age of 16 from a misdemeanor to a felony. It adds language criminalizing the depiction of a minor's body part engaged in any sexually explicit conduct. Finally, the Act substantially amends the Code language relating to computer pornography, obscene Internet contact with a child, and child exploitation prevention.
Prescriptive Jurisdiction Over Internet Activity: The Need To Define And Establish The Boundaries Of Cyberliberty, Samuel F. Miller
Prescriptive Jurisdiction Over Internet Activity: The Need To Define And Establish The Boundaries Of Cyberliberty, Samuel F. Miller
Indiana Journal of Global Legal Studies
No abstract provided.
‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M. Moringiello
‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M. Moringiello
Juliet M. Moringiello
No abstract provided.
Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande
Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande
All Faculty Scholarship
No abstract provided.
Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird
Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird
Federal Communications Law Journal
No abstract provided.
From Vast Wasteland To Electronic Garden: Responsibilities In The New Video Environment, Charles M. Firestone
From Vast Wasteland To Electronic Garden: Responsibilities In The New Video Environment, Charles M. Firestone
Federal Communications Law Journal
No abstract provided.
Regulating Speech Across Borders: Technology Vs. Values, Matthew Fagin
Regulating Speech Across Borders: Technology Vs. Values, Matthew Fagin
Michigan Telecommunications & Technology Law Review
The disfavored status within international law of unilateral state-based regulations that target extraterritorial actors arises from the inherent challenges such actions represent to state sovereignty. In the context of the Internet, the complexity of choice-of-law analysis is heightened: regulations imposed by one state have the potential to effectively block communications to citizens of all states and undermine the conflicting regulatory aims of neighboring states. Early legal commentators built upon this cascading chilling effect of state-based regulation to proclaim both the futility and illegitimacy of state-based action in the online environment. Subsequent scholars have demonstrated the commensurability of state-based online regulation …
Freedom In The Commons: Towards A Political Economy Of Information, Yochai Benkler
Freedom In The Commons: Towards A Political Economy Of Information, Yochai Benkler
Duke Law Journal
In 1999, George Lucas released a bloated and much maligned “prequel” to the Star Wars Trilogy, called The Phantom Menace. In 2001, a disappointed Star Wars fan made a more tightly cut version, which almost eliminated a main sidekick called Jar-Jar Binks and subtly changed the protagonist—rendering Anakin Skywalker, who was destined to become Darth Vader, a much more somber child than the movie had originally presented. The edited version was named “The Phantom Edit.” Lucas was initially reported amused, but later clamped down on distribution. It was too late. The Phantom Edit had done something that would have been …
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
Law Faculty Scholarly Articles
In May 2000, a French court decided that a French law banning the display of Nazi materials for sale applies to an auction website hosted by the California-based company Yahoo! Inc. The following year, at the request of Yahoo! Inc., a U.S. District Court declared that the French judgment was unenforceable in the United States because enforcing it would violate an important public policy-the First Amendment. These two cases have attracted considerable attention because they crystallize a difficult problem. The Internet is global. Every website potentially reaches every home on the planet. Thus, website content or activity that may be …
Relevancia Del Uso Indebido De Marca En Internet, Gabriel Martinez Medrano
Relevancia Del Uso Indebido De Marca En Internet, Gabriel Martinez Medrano
Gabriel Martinez Medrano
No abstract provided.
The Children's Internet Protection Act: A Denial Of A Student's Opportunity To Learn In A Technology-Rich Environment, Michael J. Brown
The Children's Internet Protection Act: A Denial Of A Student's Opportunity To Learn In A Technology-Rich Environment, Michael J. Brown
Georgia State University Law Review
No abstract provided.
A Return To Lilliput: The Licra V. Yahoo! Case And The Regulation Of Online Content In The World Market, Marc Greenberg
A Return To Lilliput: The Licra V. Yahoo! Case And The Regulation Of Online Content In The World Market, Marc Greenberg
Publications
The first section of this Article presents the laws governing Internet content providers and the jurisdictional regime that gave rise to this see saw battle. The second section examines a series of court proceedings. The first two proceedings in France in 2000 resulted in a French court order directing Yahoo to add geo-location filtering software to its servers in Santa Clara. The subsequent California district court litigation filed in 2001 resulted in summary judgment for Yahoo. This judgment is on appeal. The third and final section explores the global implications of the French and U.S. proceedings. The section concludes that …
Tolls On The Information Superhighway: Entitlement Defaults For Clickstream Data, Lee B. Kovarsky
Tolls On The Information Superhighway: Entitlement Defaults For Clickstream Data, Lee B. Kovarsky
Faculty Scholarship
This paper addresses the collection of "clickstream data," and sets forth a theory about the legal rules that should govern it. At the outset, I propose a typology for categorizing privacy invasions. A given state of informational privacy may be represented by: the observed behavior, the collecting agent, and the searching agent. Using this typology, I identify the specific sources of concern about collection of clickstream data. Then, based on expected levels of utility and expected transaction costs of "flipping" to a different rule, I argue for a particular set of privacy defaults for data mining.
Ideas, Artifacts, And Facilities: Information As A Common-Pool Resource, Charlotte Hess, Elinor Ostrom
Ideas, Artifacts, And Facilities: Information As A Common-Pool Resource, Charlotte Hess, Elinor Ostrom
Libraries' and Librarians' Publications
"The goal of this paper is to summarize the lessons learned from a large body of international, interdisciplinary research on common-pool resources (CPRs) in the past 25 years and consider its usefulness in the analysis of scholarly information as a resource. We will suggest ways in which the study of the governance and management of common-pool resources can be applied to the analysis of information and 'the intellectual public domain.' The complexity of the issues is enormous for many reasons: the vast number of players, multiple conflicting interests, rapid changes of technology, the general lack of understanding of digital technologies, …
The Children's Internet Protection Act In Public Schools: The Government Stepping On Parents' Toes?, Kelly Rodden
The Children's Internet Protection Act In Public Schools: The Government Stepping On Parents' Toes?, Kelly Rodden
Fordham Law Review
No abstract provided.
Keywords, Trademarks, And The Gray Market: Why The Use Is Not Fair, Lisa A. Nester
Keywords, Trademarks, And The Gray Market: Why The Use Is Not Fair, Lisa A. Nester
Marquette Intellectual Property Law Review
This Comment analyzes the escalating effects of Internet banner ads and gray marketers on trademark owners' ability to control the use and sale of their marks as keywords and metatags. To unify these concepts, Ms. Nester utilizes the facts behind a suit filed by Estee Lauder, Inc. against an Internet fragrance retailer and an Internet search engine. The suit alleged trademark infringement and unfair competition, among other things, for the Internet entities' unauthorized uses of Estee Lauder's registered trademarks in fragrances. The author explores the facilitating and enabling effect of the Internet on gray market, or parallel importation, activity, such …
The Appeal Of The Internet - Looking At The Uniform Domain Name Dispute Resolution Policy And How It Is Newly Influenced By The Anticybersquatting Consumer Protection Act, Karen Webb
Santa Clara Law Review
No abstract provided.
The Spector Of Crypto-Anarchy: Regulating Anonymity-Protecting Peer-To-Peer Networks, John Alan Farmer
The Spector Of Crypto-Anarchy: Regulating Anonymity-Protecting Peer-To-Peer Networks, John Alan Farmer
Fordham Law Review
No abstract provided.
The Shoe Fits And The Lighter Is Out Of Gas: The Continuing Utility Of International Shoe And The Misuse And Ineffectiveness Of Zippo, Daniel Steuer
The Shoe Fits And The Lighter Is Out Of Gas: The Continuing Utility Of International Shoe And The Misuse And Ineffectiveness Of Zippo, Daniel Steuer
University of Colorado Law Review
No abstract provided.
Modularity, Vertical Integration, And Open Access Policies: Towards A Convergence Of Antitrust And Regulation In The Internet Age, Joseph Farrell, Philip J. Weiser
Modularity, Vertical Integration, And Open Access Policies: Towards A Convergence Of Antitrust And Regulation In The Internet Age, Joseph Farrell, Philip J. Weiser
Publications
Antitrust law and telecommunications regulation have long adopted different stances on whether to mandate open access to information platforms. This article aims to help regulators and commentators incorporate both Chicago School and post-Chicago School arguments in evaluating this basic policy choice, suggesting how they can be integrated in an effective manner. In particular, the authors outline three alternative models that the FCC could adopt to guide its regulation of information platforms and facilitate a true convergence between antitrust and regulatory policy.
The Future Of Electronic Contracts In International Sales: Gaps And Natural Remedies Under The United Nations Convention On Contracts For The International Sale Of Goods, Jennifer E. Hill
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Interview With Blake A. Bell, Blake A. Bell
Interview With Blake A. Bell, Blake A. Bell
Northwestern Journal of Technology and Intellectual Property
No abstract provided.