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Comparative Institutional Analysis In Cyberspace: The Case Of Intermediary Liability For Defamation, Susan Freiwald Dec 2000

Comparative Institutional Analysis In Cyberspace: The Case Of Intermediary Liability For Defamation, Susan Freiwald

Susan Freiwald

Almost every day brings reports that Congress is considering new cyberspace-targeted laws and the courts are deciding novel cyberspace legal questions. These developments lend urgency to the question of whether a particular cyberspace legal change should come through operation of new statutes, judicial decisions, or the free market. If we can develop sophisticated analytical methods to evaluate institutional competence in cyberspace, we can vastly improve the development of cyberspace law and public policy.

Comparative Institutional Analysis in Cyberspace: The Case of Intermediary Liability for Defamation promotes just such an approach. By describing and extending a recently proposed model of comparative …


Beyond The Polemic Against Junk Science: Navigating The Oceans That Divide Science And Law With Justice Breyer At The Helm, Joelle A. Moreno Dec 2000

Beyond The Polemic Against Junk Science: Navigating The Oceans That Divide Science And Law With Justice Breyer At The Helm, Joelle A. Moreno

Joelle A. Moreno

The disjuncture between science and law became a significant practical, rather than theoretical, problem in 1993 when the Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, Inc. Daubert was a radical break from a tradition of judicial deference to scientific norms and conventions on questions of the admissibility of scientific evidence. The Court called upon the federal judiciary to slam the gate on all scientific evidence that is not "'scientific knowledge' . . . derived from the scientific method."' Since 1993, the Supreme Court has issued three opinions clarifying Daubert, and countless judges and legal commentators have wrestled with the …