The Why In Diy Book Scanning,
2011
New York Law School
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union,
2011
St. John’s University School of Law
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye
NYLS Law Review
No abstract provided.
The Google Book Settlement And The Fair Use Counterfactual,
2011
DePaul University College of Law
The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag
NYLS Law Review
No abstract provided.
Bricks, Mortar, And Google: Defining The Relevant Antitrust Market For Internet-Based Companies,
2011
New York Law School Class of 2010
Bricks, Mortar, And Google: Defining The Relevant Antitrust Market For Internet-Based Companies, Jared Kagan
NYLS Law Review
No abstract provided.
Cohen V. Google, Inc.,
2011
New York Law School Class of 2011
Cyber Attacks As "Force" Under Un Charter Article 2(4),
2011
Columbia Law School
Cyber Attacks As "Force" Under Un Charter Article 2(4), Matthew C. Waxman
Faculty Scholarship
In a 2010 article in Foreign Affairs, Deputy Secretary of Defense William Lynn revealed that in 2008 the Department of Defense suffered "the most significant breach of U.S. military computers ever" when a flash drive inserted into a US military laptop surreptitiously introduced malicious software into US Central Command's classified and unclassified computer systems. Lynn explains that the US government is developing defensive systems to protect military and civilian electronic infrastructure from intrusions and, potentially worse, disruptions and destruction, and it is developing its own cyber-strategy "to defend the United States in the digital age."
To what extent is …
Moneybombs And Democratic Participation: Regulating Fundraising By Online Intermediaries,
2011
University of Maryland Francis King Carey School of Law
Moneybombs And Democratic Participation: Regulating Fundraising By Online Intermediaries, Nathaniel J. Gleicher
Maryland Law Review
No abstract provided.
Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed.,
2010
Lund University, Faculty of Law
Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten
Ulf Maunsbach
No abstract provided.
Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims,
2010
Boston College Law School
Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims, Daniel Lyons
Daniel Lyons
Like many other agencies, the Federal Communications Commission has seen significant regulatory growth under President Obama. But unlike health care, financial reform, and other areas, this growth has come without statutory guidance from Congress. The FCC’s assertion of jurisdiction over broadband service is reminiscent of its earlier attempts to regulate cable and to deregulate telephone service, efforts that courts have viewed skeptically in the absence of specific statutory authorization. But this skepticism is in tension with Chevron, which grants agencies substantial deference to interpret ambiguities in the statutes that they administer. This article argues that Chevron deference should not extend …
Presentation, Universal Service Fund Reform: The Next Five Years,
2010
Boston College Law School
Presentation, Universal Service Fund Reform: The Next Five Years, Daniel Lyons
Daniel Lyons
No abstract provided.
Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -,
2010
Lund University, Faculty of Law
Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Reflections Regarding Place Of Damage In Relation To Keyword Advertising,
2010
Lund University, Faculty of Law
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Internet Exceptionalism As A Statutory Construct,
2010
Texas A&M University School of Law
Internet Exceptionalism As A Statutory Construct, H. Brian Holland
H. Brian Holland
No abstract provided.
Country Of Origin And Internet Publication: Applying The Berne Convention In The Digital Age,
2010
Queensland University of Technology
Country Of Origin And Internet Publication: Applying The Berne Convention In The Digital Age, Sampsung Xiaoxiang Shi, Brian Fitzgerald, Cheryl Foong, Kylie Pappalardo
Cheryl Foong
In this article, we argue that even if a work first published online can be considered to be simultaneously published all over the world it does not follow that any country can assert itself as the “country of origin” of the work for the purpose of imposing domestic copyright formalities. More specifically, we argue that the meaning of “United States work” under the U.S. Copyright Act should be interpreted in line with the presumption against extraterritorial application of domestic law to limit its application to only those works with a real and substantial connection to the United States. To be …
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria,
2010
Lead City University, Ibadan
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Olanike Sekinat Adelakun
The Problem With Intellectual Property Rights: Subject Matter Expansion,
2010
Suffolk University Law School
The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau
Andrew Beckerman Rodau
This article examines the expansion of the subject matter that can be protected under intellectual property law. Intellectual property law has developed legal rules that carefully balance competing interests. The goal has long been to provide enough legal protection to maximize incentives to engage in creative and innovative activities while also providing rules and doctrines that minimize the effect on the commercial marketplace and minimize interference with the free flow of ideas generally. The expansive view of subject matter protectable via intellectual property law has erased the clear delineation between patent, copyright, and trademark law. This has led to overprotection …
The Virtual Construction Of Legality: 'Griefing' & Normative Order In Second Life,
2010
Elon University School of Law
The Virtual Construction Of Legality: 'Griefing' & Normative Order In Second Life, Eric M. Fink
Eric M Fink
This article examines the construction of legality in a virtual world, seeking to under-stand how informal social order emerges as residents construct meaning around interpersonal conflicts and interact on the basis of such meaning. ‘Griefing’, a form of disruptive behavior common to virtual worlds, provides a lens through which to investigate emergent social norms and boundaries in the virtual world of Second Life. Identifying and distinguishing rhetorical frames in Second Life residents’ understandings of and responses to griefing, the study aims to elucidate the social meaning of griefing and its place in the construction and maintenance of social order.
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact,
2010
University of San Francisco
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald
Susan Freiwald
In a significant ruling in the fall of 2010, the Third Circuit Court of Appeals rejected the government’s claim that it could compel cell phone service providers to disclose customer records that indicate the cell towers with which a cell phone has communicated (cell phone location information or CSLI) without obtaining a warrant based on probable cause. In a break with past decisions, the court rejected application of a “third party rule,” under which cell phone users are seen to assume the risk that their providers will disclose location data without the protections of a warrant requirement. The court, however, …
Workplace Consequences Of Electronic Exhibitionism And Voyeurism,
2010
CUNY Hunter College
Workplace Consequences Of Electronic Exhibitionism And Voyeurism, William A. Herbert
William A. Herbert
The popularity of email, blogging and social networking raises important issues for employers, employees and labor unions. This article will explore contemporary workplace issues resulting from the related social phenomena of electronic exhibitionism and voyeurism. It will begin with a discussion of the international social phenomenon of individuals electronically distributing their personal thoughts, opinions, and activities to a potential worldwide audience while at the same time retaining a subjective sense of privacy. The temptation toward such exhibitionism has been substantially enhanced by the advent of Web 2.0. The article then turns to the legal implications of electronic voyeurism including employer …
The Timely Demise Of The Fourth Amendment Third Party Doctrine,
2010
University of Oklahoma College of Law
The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson
Stephen E Henderson
In what may be a slightly premature obituary, in this response to a forthcoming paper by Matthew Tokson I argue that the Fourth Amendment third party doctrine "has at least taken ill, and it can be hoped it is an illness from which it will never recover." It is increasingly unpopular as a matter of state constitutional law, has long been assailed in scholarship but now thoughtful alternatives are percolating, and it cannot – or at least should not – withstand the pressures which technology and social norms are placing upon it. Even the Supreme Court seems loath to defend …
