Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 5 of 5
Full-Text Articles in Law
The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman
The Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman
All Faculty Scholarship
The treatment of customary practices has been widely debated in many areas of the law, but there has been virtually no discussion of how custom is and should be treated in the context of intellectual property (IP). Nevertheless, customs have a profound impact on both de facto and de jure IP law. The unarticulated incorporation of custom threatens to swallow up IP law, and replace it with industry-led IP regimes that give the public and other creators more limited rights to access and use intellectual property than were envisioned by the Constitution and Congress. This article presents a powerful critique …
Current Developments In Cyberspace, Eric Easton
Current Developments In Cyberspace, Eric Easton
All Faculty Scholarship
No abstract provided.
Securities Fraud In Cyberspace: Reaching The Outer Limits Of The Federal Securities Laws, Constance Z. Wagner
Securities Fraud In Cyberspace: Reaching The Outer Limits Of The Federal Securities Laws, Constance Z. Wagner
All Faculty Scholarship
This article discusses the increasing use of the Internet for securities transactions, the growth of securitiesfraud perpetrated through that medium and the Securities and Exchange Commission (“SEC”) enforcement program initiated to combat it. The author critiques the position taken by the SEC that the existing anti-fraudprovisions of the federal securities laws can be stretched to cover Internet fraud. Using an enforcement action brought by the SEC against an online stock trading guru named Tokyo Joe as an example of the confused jurisprudence that results when pre-cyberspace law is applied to securities fraud in cyberspace, the author proposes a different regulatory …
In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer
In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer
All Faculty Scholarship
No abstract provided.
Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton
Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton
All Faculty Scholarship
This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.
The Dagenais decision demonstrates the continued independence …