Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
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 …
Quieting The Virtual Prison Riot: Why The Internet’S Spirit Of “Sharing” Must Be Broken, Albert Z. Kovacs
Quieting The Virtual Prison Riot: Why The Internet’S Spirit Of “Sharing” Must Be Broken, Albert Z. Kovacs
Duke Law Journal
No abstract provided.
The Dependence Of Cyberspace, Amy Lynne Bomse
Law And Policy In The Age Of The Internet , Robert E. Litan
Law And Policy In The Age Of The Internet , Robert E. Litan
Duke Law Journal
No abstract provided.
A Nondelegation Doctrine For The Digital Age?, James Boyle
A Nondelegation Doctrine For The Digital Age?, James Boyle
Duke Law Journal
No abstract provided.
Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky
Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky
Duke Law Journal
John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons-some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat these suits …
Attorney-Client Relationships In Cyberspace: The Peril And The Promise, Catherine J. Lanctot
Attorney-Client Relationships In Cyberspace: The Peril And The Promise, Catherine J. Lanctot
Duke Law Journal
Despite the legal profession's historical resistance to technological advances, the burgeoning world of cyberspace is bringing change to the practice of law. As laypeople flock to the Internet to seek help with their legal problems, lawyers are going online to provide such assistance. Yet, these exchanges are occurring without close consideration of whether they create attorney-client relationships-the source of weighty ethical and legal obligations. In many cases, lawyers seek to avoid the consequences of such relationships merely by disclaiming their existence. In this Article, Professor Lanctot examines the issue of lawyer-layperson communications in cyberspace from doctrinal and historical perspectives. The …
The Electronic First Amendment: An Essay For The New Age, Glen O. Robinson
The Electronic First Amendment: An Essay For The New Age, Glen O. Robinson
Duke Law Journal
No abstract provided.
A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle
A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle
Duke Law Journal
This Essay argues that we need a politics, or perhaps a political economy, of intellectual property. Using the controversy over copyright on the Internet as a case study and the history of the environmental movement as a comparison, it offers a couple of modest proposals about what such a politics might look like-what theoretical ideas it might draw upon, and what constituencies it might unite.
The Freedom Of Speech At Risk In Cyberspace: Obscenity Doctrine And A Frightened University’S Censorship Of Sex On The Internet, Jeffrey E. Faucette
The Freedom Of Speech At Risk In Cyberspace: Obscenity Doctrine And A Frightened University’S Censorship Of Sex On The Internet, Jeffrey E. Faucette
Duke Law Journal
No abstract provided.