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Full-Text Articles in Law
The Initial Interest Confusion Doctrine And Trademark Infringement On The Intemet, Byrce J. Maynard
The Initial Interest Confusion Doctrine And Trademark Infringement On The Intemet, Byrce J. Maynard
Washington and Lee Law Review
No abstract provided.
Should It Be A Free For All? The Challenge Of Extending Trade Dress Protection To The Look And Feel Of Web Sites In The Evolving Internet , Xuan-Thao N. Nguyen
Should It Be A Free For All? The Challenge Of Extending Trade Dress Protection To The Look And Feel Of Web Sites In The Evolving Internet , Xuan-Thao N. Nguyen
American University Law Review
No abstract provided.
Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok
Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok
Michigan Telecommunications & Technology Law Review
This Article argues that Web users should enjoy a legitimate expectation of privacy in clickstream data. Fourth Amendment jurisprudence as developed over the last half-century does not support an expectation of privacy. However, reference to the history of the Fourth Amendment and the intent of its drafters reveals that government investigation and monitoring of clickstream data is precisely the type of activity the Framers sought to limit. Courts must update outdated methods of expectation of privacy analysis to address the unique challenges posed by the Internet in order to fulfill the Amendment's purpose. Part I provides an overview of the …
Looking A Gift Horse In The Mouth: An Analysis Of Free Internet Stock Offerings, Joel Michael Schwarz
Looking A Gift Horse In The Mouth: An Analysis Of Free Internet Stock Offerings, Joel Michael Schwarz
Michigan Telecommunications & Technology Law Review
How much should an investor pay for one share of stock in Yahoo? Or a share of stock in America Online? As publicly traded companies, one need only consult the stock charts in any local newspaper to determine the value the market has placed on these shares. Despite what many Internet sector analysts have professed to be astronomically high valuations, these publicly traded companies possess easily verifiable valuations determined by the free market forces that constitute the building blocks of our economy, and safeguarded by the oversight of federal regulators such as the Securities & Exchange Commission ("SEC"). But what …
Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler
Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler
Michigan Telecommunications & Technology Law Review
Though the rapid development of the Internet has created a fertile ground for legal innovation, more often than not legislators and courts have sought to address this relatively new medium by attempting to squeeze it into precedents and paradigms better suited to older forms of communication, technology, and media. Part I of this article looks back at the courts' initial efforts at addressing defamation via the Internet. From the start the courts attempted to fit the role of the ISP into the common law's categorizing of print media as either "publishers" or "distributors" of information. One court's misstep in overextending …
Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert
Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert
Michigan Telecommunications & Technology Law Review
Quite simply, telemedicine symbolizes and catalyzes the clash between the reality of our legal and political approach to health care and the American dream of bringing health care to all patients. Telemedicine, like our health care delivery systems, is regulated by many layers of government. Unlike other issues, telemedicine cuts through and challenges the traditional controls of access and cost. As such, telemedicine is a microcosm of our health care delivery system and a lens through which one may analyze the obstacles to access in the current system. This article examines these issues, proposes that telemedicine's goal should be to …
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Michigan Law Review
Space. The final frontier. Not so, say the doyennes of the firstgeneration Internet community, who view themselves as the new frontiersmen and women staking out a previously unexplored territory - cyberspace. Numerous metaphors in the Internet literature picture cyberspace as a new, previously unexplored domain. Parallels are frequently drawn to the American colonies, the Western frontier, or outer space. In Code: And Other Laws of Cyberspace, Lawrence Lessig says, "Cyberspace is a place. People live there." In this place, we will build a "new society" (p. 4). A sense of this background is helpful in appraising Lessig's claims. He argues …
Don’T Talk To Strangers: An Analysis Of Government And Industry Efforts To Protect A Child’S Privacy Online, Dorothy A. Hertzel
Don’T Talk To Strangers: An Analysis Of Government And Industry Efforts To Protect A Child’S Privacy Online, Dorothy A. Hertzel
Federal Communications Law Journal
Studies indicate that nearly two-thirds of children use the Internet. Children online users have created unique concerns for Internet providers and lawmakers. The collection, storage, and sale of a child online user's personal information without the child or parent's knowledge or consent has elicited much concern. Such a practice is commonplace in the world of the Internet. Congress, through the Child Online Privacy Protection Act, and the Internet industry have addressed how to curb this practice. In addition to these efforts, technological tools are currently available that block the transfer of personally identifiable information from the user to the computer. …
The Death Of Cyberspace, Lawrence Lessig
The Death Of Cyberspace, Lawrence Lessig
Washington and Lee Law Review
No abstract provided.
"Click Here To Buy The Next Microsoft": The Penny Stock Rules, Online Microcap Fraud, And The Unwary Investor, Kevin C. Bartels
"Click Here To Buy The Next Microsoft": The Penny Stock Rules, Online Microcap Fraud, And The Unwary Investor, Kevin C. Bartels
Indiana Law Journal
No abstract provided.
Securities Regulation In The Electronic Era: Private Placements And The Internet, Todd A. Mazur
Securities Regulation In The Electronic Era: Private Placements And The Internet, Todd A. Mazur
Indiana Law Journal
No abstract provided.
"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat
"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat
Seattle University Law Review
Although there are a wide array of unresolved trademark issues with regard to the Internet, this Comment will not address disputes involving anything beyond the visible content of an individual's website. Domain name and meta-tag issues, though often referenced in order to demonstrate trends in analysis, are not the subjects of this inquiry. Rather, this Comment will focus on the triumvirate of claims most frequently asserted against individual web masters in the battle over the propriety of consumer commentary: trademark infringement, unfair competition, and trademark dilution. A recent court decision, Bally Total Fitness v. Faber, provides an example of the …
Cyberspace And The "Devil's Hatband", Jonathan J. Rusch
Cyberspace And The "Devil's Hatband", Jonathan J. Rusch
Seattle University Law Review
In this Article, I maintain that while there is an ongoing conflict of legal traditions over the desirability of fences in cyberspace, there are definite virtues in the creation of such fences, so long as we understand the physical, psychological, and moral dimensions of that process. Part I will present a brief survey of the history of barbed wire in the Old West, paying particular attention to the contending legal traditions that affected the manner and extent of that growth in the West. These contending legal traditions, which related to "fencing in" versus "fencing out" cattle, played a key role …