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The Reality Of Bytes: Regulating Economic Activity In The Age Of The Internet, Michael A. Geist Jul 1998

The Reality Of Bytes: Regulating Economic Activity In The Age Of The Internet, Michael A. Geist

Washington Law Review

By utilizing both a backward and forward looking perspective, this Article develops a model conducive to better understand the Internet's legal implications on economic regulation. The model is also intended to help legislators and regulators adapt their legal and regulatory frameworks to the Internet. This Article canvasses and builds upon the burgeoning development of Internet law. It suggests that the Internet's impact on economic regulation is best understood by classifying its effects into four categories, each of which requires a different regulatory response. It also considers potential solutions for adapting economic regulation to the Internet. This Article concludes that no …


Trademark Doctrines For Global Electronic Commerce, Dan L. Burk Jul 1998

Trademark Doctrines For Global Electronic Commerce, Dan L. Burk

South Carolina Law Review

No abstract provided.


Personal Jurisdiction In Cyberspace: Something More Is Required On The Electronic Stream Of Commerce, Howard B. Stravitz Jul 1998

Personal Jurisdiction In Cyberspace: Something More Is Required On The Electronic Stream Of Commerce, Howard B. Stravitz

South Carolina Law Review

No abstract provided.


Globalizing Intellectual Property: Linkage And The Challenge Of A Justice-Constituency, Samuel K. Murumba Jul 1998

Globalizing Intellectual Property: Linkage And The Challenge Of A Justice-Constituency, Samuel K. Murumba

Faculty Scholarship

No abstract provided.


Testing The Partnership Model Of Growth Management, Jeffrey Patterson Jul 1998

Testing The Partnership Model Of Growth Management, Jeffrey Patterson

Washington International Law Journal

Three major events can be expected to influence land use and tenure in British Columbia, Canada, well into the future. A new Forest Practices Code and harvesting regulations and settlement of aboriginal land claims will profoundly affect B.C.'s rural and wilderness landscape. A third initiative, a growth management strategy act adopted by the B.C. legislature in 1995 will, however, potentially have a major impact on the urban landscape that most British Columbians experience in their daily lives. Its objective is the promotion of human settlements that are socially, economically and environmentally halthy. This paper explores the particular geographic and political …


Housing Segregation And Housing Integration: The Diverging Paths Of Urban America, Richard H. Sander Jul 1998

Housing Segregation And Housing Integration: The Diverging Paths Of Urban America, Richard H. Sander

University of Miami Law Review

No abstract provided.


A Comparative Vision Of The Convergence Of Ecology, Empowerment, And The Quest For A Just Society, James A. Kushner Jul 1998

A Comparative Vision Of The Convergence Of Ecology, Empowerment, And The Quest For A Just Society, James A. Kushner

University of Miami Law Review

No abstract provided.


First In The Field: The Unique Mission And Legitimacy Of The Red Cross In A Culture Of Legality, Kenneth Anderson Jul 1998

First In The Field: The Unique Mission And Legitimacy Of The Red Cross In A Culture Of Legality, Kenneth Anderson

Popular Media

This 1998 Times Literary Supplement essay reviews a massive history of the International Committee of the Red Cross and the Red Cross movement up through the end of the Second World War - a book which was the first to use access to ICRC archives of the Second World War.


Land Law Subsystems? Urban Vietnam As A Case Study, John Gillespie Jul 1998

Land Law Subsystems? Urban Vietnam As A Case Study, John Gillespie

Washington International Law Journal

Throughout Vietnam's long history, the central elite and peripheral farming communities have been legally and culturally divided. This dichotomy was never as complete as the famous injunction that "the emperor's writ stops at the village gate" infers. Initially, during the period of French colonisation and more recently since the introduction of doi moi (renovation) economic reforms, central authorities have attempted to unify land management with universal normative law. This experiment has stimulated widespread non-compliance with land laws in urban centres; in some areas compliance is a fringe phenomenon. In this divided legal geography, pockets of non-compliance give the appearance of …


Agenda: Outdoor Recreation: Promise And Peril In The New West, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Bureau Of Land Management Jun 1998

Agenda: Outdoor Recreation: Promise And Peril In The New West, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Bureau Of Land Management

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

Co-sponsored by the Natural Resources Law Center and the Colorado Bureau of Land Management.

The conference will explore several components of the “promise and peril” of the ongoing outdoor recreation explosion. The conference will begin on the morning of June 8 with a series of introductory presentations designed to place the outdoor recreation movement in a useful historical and socioeconomic context. This material will be followed in the afternoon session by a discussion of environmental impacts of outdoor recreation, recognizing that the diversity and magnitude of impacts is as broad as the industry itself. This discussion will be followed on …


Outdoor Recreation And Natural Lands: The Gradual Unfolding Of Policy, Richard L. Knight Jun 1998

Outdoor Recreation And Natural Lands: The Gradual Unfolding Of Policy, Richard L. Knight

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.

Contains 2 pages of references.


A Proposal To The Hanodaganyas To Decolonize Federal Indian Control Law, Robert B. Porter Jun 1998

A Proposal To The Hanodaganyas To Decolonize Federal Indian Control Law, Robert B. Porter

University of Michigan Journal of Law Reform

In this Article, cast in the form of a letter to President William Jefferson Clinton, Professor Porter argues for the decolonization of federal Indian control law. After detailing the religious and colonialist roots of early Supreme Court decisions dealing with the Indian nations and giving an overview of the evolution of federal Indian policy, Professor Porter argues for the decolonization of federal Indian control law on several grounds: 1. the world community has rejected colonialism policies; 2. federal Indian control law denies basic human rights of self-determination; 3. colonization has partially succeeded in destroying the Indian nations; and 4. decolonization …


A Structural Theory Of The Initiative Power In California, Karl Manheim, Edward P. Howard Jun 1998

A Structural Theory Of The Initiative Power In California, Karl Manheim, Edward P. Howard

Loyola of Los Angeles Law Review

No abstract provided.


Stalking The Wild Lacuna: Communication, Cognition And Contingency, Collin O'Connor Udell Jun 1998

Stalking The Wild Lacuna: Communication, Cognition And Contingency, Collin O'Connor Udell

Minnesota Journal of Law & Inequality

No abstract provided.


Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley May 1998

Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley

Federal Communications Law Journal

Communications technology is changing and improving the way that health care services are delivered to patients. Telemedicine, or the use of communications technology to provide medical care, allows doctors to treat patients in rural areas who otherwise would not have access to medical services. With the development and use of telemedicine, however, comes the burden of government regulation. The Food and Drug Administration (FDA) is just beginning to assert its jurisdiction over telemedicine, seeking to regulate telemedicine systems as medical devices under 21 U.S.C. § 321(h). Should the FDA strongly assert its jurisdiction, it has the ability to regulate entire …


The Internet And U.S. Financial Markets, G. Philip Routledge May 1998

The Internet And U.S. Financial Markets, G. Philip Routledge

Penn State International Law Review (1982 - 2011)

No abstract provided.


Philip Sober Controlling Philip Drunk: "Buchanan V. Warley" In Historical Perspective, David E. Bernstein May 1998

Philip Sober Controlling Philip Drunk: "Buchanan V. Warley" In Historical Perspective, David E. Bernstein

Vanderbilt Law Review

In Buchanan v. Warley the Supreme Court found that a Louisville, Kentucky, residential segregation ordinance was unconstitutional because it interfered with the Fourteenth Amendment right to own and dispose of property and could not be justified as a police power measure.' The Buchanan decision came at a crucial juncture in the history of American race relations. Several cities in the southern and border states had recently passed residential segregation ordinances, and other cities were poised to follow suit if the Supreme Court ruled that such ordinances were constitutional. Several northern cities were considering adopting residential segregation laws as well,' and …


Race And The Court In The Progressive Era, Michael J. Klarman May 1998

Race And The Court In The Progressive Era, Michael J. Klarman

Vanderbilt Law Review

In the second decade of the twentieth century, the Supreme Court decided four prominent (groups of) cases involving race. On each occasion, the civil rights claim won in some significant sense. One set of cases involved so-called peonage legislation-laws that coerced (primarily) black labor. In Bailey v. Alabama, the Court invalidated under the federal Peonage Act of 18672 and the Thirteenth Amendment an Alabama law making it a crime to enter, with fraudulent intent, into a labor contract that provided for advance payment of wages; the law made breach of the contract prima facie evidence of fraudulent intent, and Alabama …


The Forest Service, Water Yield, And Community Stability: Defining The Contours Of An Agency Commitment To Include Land Grant Communities In The Timber Management Process, Brett Olsen Apr 1998

The Forest Service, Water Yield, And Community Stability: Defining The Contours Of An Agency Commitment To Include Land Grant Communities In The Timber Management Process, Brett Olsen

Student Thesis Honors (1996-2008)

John Wesley Powell\'s 1878 Report on the Lands of the Arid Region of the United States and later Irrigation Surveys proposed a settlement pattern based upon watersheds or "hydrographic basins." Powell\'s plan died ingloriously in the Senate Committee on Irrigation. Profligate overgrazing and logging in the West\'s forested uplands would force the federal reservation of the National Forests under the Organic Administrative Act of 1897. The Act directed the management of reserved, upland watersheds for the twin purposes of "securing favorable conditions of water flows, and to furnish a continuous supply of timber for the ... citizens of the United …


Resource Law Notes Newsletter, No. 43, Spring Issue, Mar. 1998, University Of Colorado Boulder. Natural Resources Law Center Apr 1998

Resource Law Notes Newsletter, No. 43, Spring Issue, Mar. 1998, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Deer Management Task Force Status Report, Amherst Deer Management Task Force Report Apr 1998

Deer Management Task Force Status Report, Amherst Deer Management Task Force Report

Buffalo Environmental Law Journal

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas


Summation And Take Home Message, Bruce Kohrn Apr 1998

Summation And Take Home Message, Bruce Kohrn

Buffalo Environmental Law Journal

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas


Considering Multiple And Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, And The Internet, Keith Aoki Apr 1998

Considering Multiple And Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, And The Internet, Keith Aoki

Indiana Journal of Global Legal Studies

No abstract provided.


Cyberspatial Sovereignties: Offshore Finance, Digital Cash, And The Limits Of Liberalism, Bill Maurer Apr 1998

Cyberspatial Sovereignties: Offshore Finance, Digital Cash, And The Limits Of Liberalism, Bill Maurer

Indiana Journal of Global Legal Studies

No abstract provided.


Vol. 8, No. 1 (Spring 1998) Apr 1998

Vol. 8, No. 1 (Spring 1998)

Alumni Update

No abstract provided.


How A Sole Practitioner Uses The "Electronic Office" To Maintain A Competitive Law Practice, Jesse Richardson Apr 1998

How A Sole Practitioner Uses The "Electronic Office" To Maintain A Competitive Law Practice, Jesse Richardson

Law Faculty Scholarship

No abstract provided.


The Thrust And Parry Of Federal Indian Law, Blake A. Watson Apr 1998

The Thrust And Parry Of Federal Indian Law, Blake A. Watson

University of Dayton Law Review

No abstract provided.


Zoning Out Free Expression: An Analysis Of New York City's Adult Zoning Resolution, Herald Price Fahringer Apr 1998

Zoning Out Free Expression: An Analysis Of New York City's Adult Zoning Resolution, Herald Price Fahringer

Buffalo Law Review

No abstract provided.


Local Government Anti-Discrimination Laws: Do They Make A Difference?, Chad A. Readler Apr 1998

Local Government Anti-Discrimination Laws: Do They Make A Difference?, Chad A. Readler

University of Michigan Journal of Law Reform

During the past decade, local governments have expanded their role protecting individuals from discrimination in private employment. Although federal and state laws already protect individuals from employment discrimination based on race, sex, color, religion, national origin, age, and disability, local anti-discrimination ordinances protect an even wider range of characteristics such as sexual orientation, marital status, military status, and income level. The author details the results of a survey indicating that the agencies and dispute resolution processes mandated by local anti-discrimination ordinances are seldom used to protect this wider range of characteristics He argues that effective, uniform anti-discrimination protection should come …


Restrictions On Forum-Selection Clauses In Franchise Agreements And The Federal Arbitration Act: Is State Law Preempted?, James Zimmerman Apr 1998

Restrictions On Forum-Selection Clauses In Franchise Agreements And The Federal Arbitration Act: Is State Law Preempted?, James Zimmerman

Vanderbilt Law Review

The use of forum-selection clauses in contracts continues to increase. Emboldened by the Supreme Court's endorsement of forum- selection clauses, large companies now frequently use these clauses in a variety of contracts. Contracting parties use these clauses in part to ensure that the parties can resolve any dispute in a convenient forum. Often, however, a party inserts a forum-selection clause to limit liability by increasing the barriers to litigation or arbitration. Typically, the party inserting the forum-selection clause has superior bargaining power and inserts into the contract a clause designating a forum remote to the other party, where any dispute …