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Articles 1 - 30 of 51
Full-Text Articles in Law
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.
Public Access To Legal Resources On The Internet, Alice M. Mccanless
Public Access To Legal Resources On The Internet, Alice M. Mccanless
The Southeastern Librarian
In the not so distant past, before the Internet, doing legal research necessitated access to either a substantial law collection or one of the expensive legal databases, Lexis-Nexis or Westlaw. That limited legal reference to law librarians, some special librarians and reference librarians at large university or public libraries. The Internet has changed all of that, giving any library with an Internet connection access to a wealth of current law, especially at the state and federal level.
Based on a presentation at the Joint Conference of the Georgia Council of Media Organizations and Southeastern Library Association on October 12, 2000.
The Internet Opens Its Doors For .Biz-Ness, Corey A. Ciocchetti
The Internet Opens Its Doors For .Biz-Ness, Corey A. Ciocchetti
Corey A Ciocchetti
Starting on October 1, 2001, .BIZ will become active as the Internet's newest top-level domain; its space reserved solely for businesses engaging in "bona fide" commercial activities. This space has the potential to reinvigorate, at least partly, the immense economic potential of the Internet by stimulating a multitude of e-commerce transactions so common only a few years ago. This iBreif explores the history of how and why this new top-level domain came into being. Following this history lies a discussion of the current .BIZ registration process as well as an analysis of the corresponding Intellectual Property Claims system.
Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland
Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland
Washington and Lee Law Review
No abstract provided.
The Role Of The Internet In Chinese Foreign And Domestic Affairs, Jean Bowman Leedy
The Role Of The Internet In Chinese Foreign And Domestic Affairs, Jean Bowman Leedy
Graduate Program in International Studies Theses & Dissertations
Problem: Rapid dissemination of Internet technology and the free access to information it affords poses a threat to non-democratic states that rely on control of information to maintain power and stability. This is of substantial concern to the Communist regime in The People's Republic of China due to the fact that its repressed population constitutes the fastest growing body of Internet users in the world.
Methods: This paper examines the potential impact of the Internet on Chinese foreign and domestic policy through interpretation of existing literature as it applies to the Internet, interviews with experts studying the emergence of China's …
Opt-In Government: Using The Internet To Empower Choice – Privacy Application, Malla Pollack
Opt-In Government: Using The Internet To Empower Choice – Privacy Application, Malla Pollack
Malla Pollack
This article proposes a relatively novel model of government regulation and illustrates how the model might work with respect to Internet privacy protection for U.S. residents. [I suggest "opt-in government" as a practical method to integrate the democratic concept of voice with the market model of choice. "Opt-in government" either (i) creates "a safe place" that persons may enter only if they wish to do so, or (ii) enables a choice that the so-called private sector has not offered.
E-Commerce And Equivalence: Defining The Proper Scope Of Internet Patents--Foreword, Sanjay Prasad, James T. Carmichael
E-Commerce And Equivalence: Defining The Proper Scope Of Internet Patents--Foreword, Sanjay Prasad, James T. Carmichael
Michigan Telecommunications & Technology Law Review
The diverse expression of views provided in the following papers provides a rich foundation for consideration of the issues surrounding the scope of Internet-type patents. On behalf of the Symposium writers and sponsors we invite you to continue consideration of the legal rules and policy implications surrounding this interesting and important subject.
The Emergence Of Website Privacy Norms, Steven A. Hetcher
The Emergence Of Website Privacy Norms, Steven A. Hetcher
Michigan Telecommunications & Technology Law Review
Part I of the Article will first look at the original privacy norms that emerged at the Web's inception in the early 1990s. Two groups have been the main contributors to the emergence of these norms; the thousands of commercial websites on the early Web, on the one hand, and the millions of users of the early Web, on the other hand. The main structural feature of these norms was that websites benefitted through the largely unrestricted collection of personal data while consumers suffered injury due to the degradation of their personal privacy from this data collection. In other words, …
International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka
International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka
Michigan Telecommunications & Technology Law Review
The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection--or variations in that protection--hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility of harmonizing …
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Michigan Telecommunications & Technology Law Review
This Article contends that part of the problem of Internet business model patents is the narrow view of analogous art employed by judges and USPTO examiners which largely excludes relevant "real-world" prior art in the determination of non-obviousness under § 103 of the Patent Act. Consequently, part of the solution lies in helping courts and the USPTO properly to define analogous art for a particular invention. To do so, judges and examiners must recognize the interchangeability of computer programming (i.e. "e-world" activities) to perform a function, with human or mechanical performance of the same function (i.e. "real world" activities). Such …
Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont
Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont
Michigan Telecommunications & Technology Law Review
The question of whether a state or the federal government can create a narrowly tailored restriction on cyberspace anonymity without violating the First Amendment remains unresolved[...]The Supreme Court has not directly addressed the issue, but it may soon consider the constitutionality of criminalizing certain kinds of cyber-anonymity in light of the unique nature of cyberspace. This comment explores the various forms of anonymity, examines the First Amendment status of anonymity in and outside of cyberspace, analyzes relevant scholarly commentary, and concludes that a narrowly tailored legislative restriction on "true" anonymity in cyberspace would not violate the First Amendment.
Defining The Proper Scope Of Internet Patents: If We Don't Know Where We Want To Go, We're Unlikely To Get There, Vincent Chiappetta
Defining The Proper Scope Of Internet Patents: If We Don't Know Where We Want To Go, We're Unlikely To Get There, Vincent Chiappetta
Michigan Telecommunications & Technology Law Review
Part I of this Article addresses the appropriateness of protecting Internet innovations under the current patent regime. It concludes that the doctrinal, historical and policy arguments require different outcomes regarding computing (patentable subject matter) and competitive arts (at best a difficult fit) innovation. Part II argues that the new electronic economy has given rise to a particular kind of competitive arts "market failure" (interference with first-to-move lead-time incentives) which must be addressed. It concludes, however, that tinkering with the existing patent or copyright regimes is not only complex, but poses significant risks, and should be avoided. Part III sketches the …
The Taming Of E-Health: Asserting U.S. Juridiction Over Foreign And Domestic Websites, Melissa K. Cantrell
The Taming Of E-Health: Asserting U.S. Juridiction Over Foreign And Domestic Websites, Melissa K. Cantrell
West Virginia Law Review
No abstract provided.
The Impact Of The Use Of New Communications And Information Technologies On Trafficking In Human Beings For Sexual Exploitation: A Study Of The Users, Donna M. Hughes Dr.
The Impact Of The Use Of New Communications And Information Technologies On Trafficking In Human Beings For Sexual Exploitation: A Study Of The Users, Donna M. Hughes Dr.
Donna M. Hughes
The trafficking in women and children for sexual exploitation is a global human rights crisis being
perpetrated by individual criminals and organized crime groups, and facilitated by increased tolerance
for the sexual exploitation and sexual abuse of women and children.
New communications and information technologies have created a global revolution in
communications, access to information, and media delivery. There are a lot of positive aspects to the
global revolution, but there are also some very negative ones. This report describes the most negative
ones—how communications and information technologies are used to facilitate the trafficking of
women and children for sexual …
Slow And Steady Does Not Always Win The Race: The Nuremberg Files Web Site And What It Should Teach Us About Incitement And The Internet, Nadine E. Mcspadden
Slow And Steady Does Not Always Win The Race: The Nuremberg Files Web Site And What It Should Teach Us About Incitement And The Internet, Nadine E. Mcspadden
Indiana Law Journal
No abstract provided.
The Dependence Of Cyberspace, Amy Lynne Bomse
Current Developments In Cyberspace, Eric Easton
Current Developments In Cyberspace, Eric Easton
All Faculty Scholarship
No abstract provided.
Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein
Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein
Federal Communications Law Journal
The Internet raises enhanced and unique concerns regarding informational health privacy and Internet pharmacy sales. As technology advances and the Internet changes the way people obtain medical services and products, protecting consumers and their informational health data in online pharmaceutical transactions is paramount. This Comment charts and compares the existing legal frameworks in the United States and Canada relative to informational health privacy. Following this discussion, each legal framework comes into sharp focus with regard to Internet pharmacy sales. Ultimately, this Comment concludes that based on the highly sensitive nature of personal medical information, a baseline privacy standard should be …
Taking Account Of The World As It Will Be: The Shifting Course Of U.S. Encryption Policy, Tricia E. Black
Taking Account Of The World As It Will Be: The Shifting Course Of U.S. Encryption Policy, Tricia E. Black
Federal Communications Law Journal
Encryption, understood on a basic level as the process of scrambling information to disguise its content, has been a topic of intense debate over the past decade because of Internet growth and well-founded concerns about online security. The encryption debate centers on striking an appropriate balance between national security concerns and the potential prosperity of the high-tech industry. The Clinton Administration played an important role in relaxing U.S. encryption policy. This Note argues that the dramatic shift in encryption policy resulted from a recognition of how the world will be in the digital age, and that strong, unregulated encryption technology …
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.
Analyst Liability And The Internet Bubble: The Morgan Stanley/Mary Meeker Cases, Jaimee L. Campbell
Analyst Liability And The Internet Bubble: The Morgan Stanley/Mary Meeker Cases, Jaimee L. Campbell
Fordham Journal of Corporate & Financial Law
No abstract provided.
Internet Jurisdiction Today, Adria Allen
Internet Jurisdiction Today, Adria Allen
Northwestern Journal of International Law & Business
This paper will use the Yahoo case to illustrate the unique jurisdictional dilemma posed by the Internet as countries try to enforce their laws in an era when laws may be broken, through the use of the Internet, from other countries with conflicting laws.' Part I of this paper will address the Yahoo case and its importance to Internet jurisdiction. Part II will explore traditional jurisdiction and apply it to the Yahoo case. Part III will identify twopotential theories of Internet jurisdiction and investigate whether they are feasible solutions to the problem posed by the Yahoo case. Part IV will …
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
E-Obviousness, Glynn S. Lunney Jr.
E-Obviousness, Glynn S. Lunney Jr.
Michigan Telecommunications & Technology Law Review
As patents expand into e-commerce and methods of doing business more generally, both the uncertainty and the risk of unjustified market power that the present approach generates suggest a need to rethink our approach to nonobviousness. If courts fail to enforce the nonobviousness requirement and allow an individual to obtain a patent for simply implementing existing methods of doing business through a computer, even where only trivial technical difficulties are presented, entire e-markets might be handed over to patent holders with no concomitant public benefit. If courts attempt to enforce the nonobviousness requirement, but leave undefined the extent of the …
A Symposium Précis, Thomas E. Baker
A Symposium Précis, Thomas E. Baker
Faculty Publications
This article is an introduction to and overview of the Drake University Law School symposium The Constitution and the Internet, held in February of 2001. It highlights important issues including the Constitution and the Internet, civil liberty and the application of a 200 year old document to the modern age of rapidly changing technology.
A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker
A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker
Faculty Publications
This article is a transcript of a discussion between Lawrence Lessig, David G. Post and Jeffrey Rosen on a variety of issues surrounding law, technology and the Internet. The moderator was Thomas E. Baker and the discussion was part of a Drake University Law School symposium in February of 2001.
Protection Of The Athlete's Identity: The Right Of Publicity, Endorsements And Domain Names , J. Thomas Mccarthy, Paul M. Anderson
Protection Of The Athlete's Identity: The Right Of Publicity, Endorsements And Domain Names , J. Thomas Mccarthy, Paul M. Anderson
Marquette Sports Law Review
No abstract provided.
Managing The "Team" On The Field, Off The Field, And In Cyberspace: Preventing Cybersquatters From Hijacking Your Franchise's Domain Names, Craig A. Pintens
Managing The "Team" On The Field, Off The Field, And In Cyberspace: Preventing Cybersquatters From Hijacking Your Franchise's Domain Names, Craig A. Pintens
Marquette Sports Law Review
No abstract provided.
Fool Us Once Shame On You—Fool Us Twice Shame On Us: What We Can Learn From The Privatizations Of The Internet Backbone Network And The Domain Name System, Jay P. Kesan, Rajiv C. Shah
Fool Us Once Shame On You—Fool Us Twice Shame On Us: What We Can Learn From The Privatizations Of The Internet Backbone Network And The Domain Name System, Jay P. Kesan, Rajiv C. Shah
Washington University Law Review
One goal of this Article is to describe and document the privatization processes for the backbone network and the DNS. We initially assumed the privatization of the Internet consisted of a simple shift from a subsidized network to a competitive market for backbone services. However, we found the privatization process to be quite complex and problematic. Unfortunately, many of these same problems are reoccurring in the current privatization of the DNS. Our study found three categories of problems that occurred during the privatizations of the Internet’s backbone network and the DNS: procedural problems, problems with the management of competition, and …
Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero
Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero
Journal Articles
This article examines the debate between those who favor greater protection for minorities vulnerable to hate speech and First Amendment absolutists who are skeptical of any burdens on pure speech. The author also provides another perspective on the debate by highlighting the "public/private figure" distinction as an area within First Amendment law that acknowledges differences in power, a construct anti-hate speech advocates should use to further their cause. Specifically, the author places the "public/private figure" division in a theoretical and historical context and then provides empirical support for the thesis that whites enjoy a more prominent societal role and greater …