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Full-Text Articles in Law
Icann And The Problem Of Legitimacy, Jonathan Weinberg
Icann And The Problem Of Legitimacy, Jonathan Weinberg
Duke Law Journal
Two years ago, an entity called the Internet Corporation for Assigned Names and Numbers (ICANN) was formed to take control of the Internet's infrastructure of domain name and IP address identifiers. Private parties formed ICANN at the behest of the U. S. government; the government is currently using its considerable resources to cement ICANN's authority over the domain name space. ICANN's role is one generally played in our society by public entities. It is setting rules for an international communications medium of surpassing importance. That task had historically been performed by a U. S. government contractor in an explicitly public-regarding …
Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin
Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin
Duke Law Journal
The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace. This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U. S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and …
Agency Adjudication, The Importance Of Facts, And The Limitations Of Labels, William D. Araiza
Agency Adjudication, The Importance Of Facts, And The Limitations Of Labels, William D. Araiza
Washington and Lee Law Review
No abstract provided.
Arbitrator Liability: Reconciling Arbitration And Mandatory Rules, Andrew T. Guzman
Arbitrator Liability: Reconciling Arbitration And Mandatory Rules, Andrew T. Guzman
Duke Law Journal
In this Article, Professor Guzman resolves the tension that exists between mandatory legal rules and the widespread use of arbitration. In recent years, U. S. courts have expanded the range of enforceable arbitration agreements to include agreements that cover areas of law previously thought to be within the exclusive domain of courts. Among the disputes that are now deemed arbitrable are those that implicate mandatory rules such as securities and antitrust laws. Under current law, the willingness of courts to enforce arbitration agreements and to uphold the resulting arbitral awards with minimal judicial review makes it possible for the parties …
American Trucking Associations, Inc. V. United States Environmental Protection Agency: A Speed-Bump Along The Highway Of Judicial Deference To Agency Determinations, Amy Quandt
Villanova Environmental Law Journal
No abstract provided.
A Problematic Pat On The Back For The Pto: Dickinson V. Zurko, Jeffrey C. Metzcar
A Problematic Pat On The Back For The Pto: Dickinson V. Zurko, Jeffrey C. Metzcar
Case Western Reserve Law Review
No abstract provided.