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Full-Text Articles in Law

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Jan 2006

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

This article analyzes the judicial decisions involving Internet and other electronic contracts during the period from July 1, 2005 to June 30, 2006. The authors explain that this year's cases show a maturation of the common law of electronic contracts in that the judges are beginning to recognize the realities of electronic communications and to apply traditional contract principles to those communications unless the realities of the technology justifies a different result.


Cybertrespass And Trespass To Documents, Kevin Emerson Collins Jan 2006

Cybertrespass And Trespass To Documents, Kevin Emerson Collins

Articles by Maurer Faculty

No abstract provided.


Does Power Grow Out Of The Barrel Of A Modem? Some Thoughts On Jack Goldsmith And Tim Wu's 'Who Controls The Internet?', Glenn Harlan Reynolds Jan 2006

Does Power Grow Out Of The Barrel Of A Modem? Some Thoughts On Jack Goldsmith And Tim Wu's 'Who Controls The Internet?', Glenn Harlan Reynolds

Scholarly Works

This review of Jack Goldsmith and Tim Wu's Who Controls the Internet? Illusions of a Borderless World, notes that Goldsmith and Wu are correct in concluding that events in recent years undercut cyber-utopian theories of an Internet that is beyond the reach of national sovereignty. It argues, however, that the failure to achieve such goals does not mean that the Internet is unimportant as a source of expanded freedom and power on the part of ordinary people, and suggests that this trend of individual empowerment is likely to continue.


Accessing The Internet Through The Neighbor's Wireless Internet Connection: Physical Trespass In Virtual Reality, Ned Snow Jan 2006

Accessing The Internet Through The Neighbor's Wireless Internet Connection: Physical Trespass In Virtual Reality, Ned Snow

Faculty Publications

As wireless computer networks are becoming commonplace, so also is the practice of accessing the Internet through another's wireless network. The practice raises a simple question of law: Does accessing a wireless network, without express authorization, violate the property rights of the network operator? This Article argues that it does. A neighbor who intentionally accesses the Internet through a network operator's connection appears to trespass on physical property of the operator - the operator's router. Recent Internet jurisprudence suggests that the electronic signals that the neighbor sends through the router are sufficient to find trespassory physical contact. The same jurisprudence …


Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya Jan 2006

Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya

Publications

No abstract provided.


Book Review: Digital Crime And Forensic Science In Cyberspace, Gary C. Kessler Jan 2006

Book Review: Digital Crime And Forensic Science In Cyberspace, Gary C. Kessler

Publications

This document is Dr. Kessler's review of Digital Crime and Forensic Science in Cyberspace, by P. Kanellis, E. Kiountouzis, N. Kolokotronis, and D. Martakos. Idea Group Publishing, 2006. ISBN: 1-59140-873-3.


From St. Ives To Cyberspace: The Modern Distortion Of The Medieval ‘Law Merchant’, Stephen E. Sachs Jan 2006

From St. Ives To Cyberspace: The Modern Distortion Of The Medieval ‘Law Merchant’, Stephen E. Sachs

Faculty Scholarship

Modern advocates of corporate self-regulation have drawn unlikely inspiration from the Middle Ages. On the traditional view of history, medieval merchants who wandered from fair to fair were not governed by domestic laws, but by their own lex mercatoria, or "law merchant. " This law, which uniformly regulated commerce across Europe, was supposedly produced by an autonomous merchant class, interpreted in private courts, and enforced through private sanctions rather than state coercion. Contemporary writers have treated global corporations as descendants of these itinerant traders, urging them to replace conflicting national laws with a transnational law of their own creation. The …