Digital Commons Network^™

U.S. Subject Matter Jurisdiction For Copyright Infringements On The Internet, Christian M. Reider

Computer Law Review and Technology Journal

Copyright infringement is currently the most important substantive legal issue in online communication. Many copyright owners, a handful of authors, and an increasing number of courts realize that the Internet, more than any other medium, will challenge the enforcement of copyright infringement in the international context. The threshold issue in copyright enforcement is the question of subject matter jurisdiction over the Internet, a digital world without significant national boundaries.

Determining subject matter jurisdiction has great economic and legal impact on the parties. The exposure of any individual Internet user or any local company to foreign as well as multiple jurisdictions …

Neither Dead Nor Forgotten: The Past, Present, And Future Of The Communications Decency Act In Light Of Reno V. Aclu, Sue Ann Mota

Computer Law Review and Technology Journal

The Communications Decency Act (CDA) was enacted by Congress in February of 1996 as part of the Telecommunications Act of 1996. The goal of the CDA was to limit children's exposure to sexually explicit online materials. President Clinton signed the bill into law on February 8, 1996, and the CDA was immediately challenged.  A three-judge federal district court panel in ACLU v. Reno held that certain provisions of the CDA violate the U.S. Constitution. On June 26, 1997, the Supreme Court handed down its decision, affirming that certain provisions of the CDA violate the First Amendment. The provisions held to …

The International Enforcement Of Software Copyrights And Patents, Siehnai F. Williamson

Computer Law Review and Technology Journal

Upon graduating with a computer science degree, Shannon Smith and her classmates started their own educational computer software firm called ABC Software (ABC). ABC observed that the computer software industry had grown exponentially since the 1980s due in part to industry-wide standards (like the Windows® platform) and the declining costs in computer hardware that have increased demand for computer products. Because ABC believes the software industry is knowledge-based, ABC need incur little research and developmental costs. ABC's ability to protect its software will be the determining factor in deciding where to distribute its products. Since the very nature of computer …

Legal Protection Of Collections Of Facts, Charles Brill

Computer Law Review and Technology Journal

Database compilers traditionally have used copyright and trade secret laws to protect their databases from appropriation by competitors. A 1991 Supreme Court decision, however, casts some doubt on the copyright protection extended to databases in the United States. In response to the Supreme database industry has launched a worldwide effort to encourage legislation to provide strong protection of databases, especially electronic databases.These efforts have borne fruit in Europe where Great Britain has passed laws protecting databases from unfair extraction and the European Union has mandated a sui generisprotection which, in conjunction with existing copyright laws, will provide very strong protection …

Copyrighting Cyberspace: Unweaving A Tangled Web, Robert N. Diotalevi

Computer Law Review and Technology Journal

The Internet, which began as a research project, is now the largest computer system in the world. Commonly known as the net or cyberspace, this superhighway offers a variety of useful information through its ocean of URL's, browsers and hyperlinks. Although to some people this new generation of technology may seem intimidating or even far-fetched, the reality is that its opportunities are vital to nearly every facet of modem life. With advancing technology comes new legal battles. The age of information has exposed and tested many limitations of copyright law. This work attempts to explain present copyright law as it …

Gambling On The Internet, Aaron Craig

Computer Law Review and Technology Journal

This article analyzes current proposals to regulate gambling on the Internet and suggests that their flaws stem primarily from a failure to appreciate the complexity of the vice/economic gain dichotomy that has been incorporated in American gambling regulatory policy. Americans have historically prohibited some forms of gambling while tolerating others. An Internet gambling regulatory system should view the Internet as a medium across which current gambling policies should be extended. Regimes that legalize all forms of gambling on the Internet are politically untenable and unwise. Proposals to outlaw all forms of gambling fail to recognize the Government's interest in permitting …

Contracting In Cyberspace, Jeff C. Dodd, James A. Hernandez

Computer Law Review and Technology Journal

Cyberspace law has started to take some shape as lawyers and merchants increasingly look to the same models and structures for guidance. Proposed statutes dealing directly with cyberspace contracting issues are working their way through the process of uniform and legislative law making. A few of these statutory laws have already made it through the gauntlet.4 Although this unsystematic growth through practice has led to a motley collection of legal standards governing cyberspace contracting, most of the issues that these standards purport to deal with relate to only five root problems:

(a)   Authority. When is the contract "my" contract? What …

Jam For Justice Holmes: Reassessing The Significance Of Mahon, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

When courts and commentators discuss Pennsylvania Coal Co. v. Mahon, they use the same word with remarkable regularity: famous. Mahon has achieved this fame in part because it was the occasion for conflict between judicial giants, and because the result seems ironic. Justice Oliver Wendell Holmes, Jr.--the great Lochner dissenter and a jurist generally considered a champion of judicial deference to legislatures in the sphere of economic decision-making--wrote the opinion striking down a Pennsylvania statute barring coal mining that could cause the surface to cave-in. Sharply dissenting from Holmes's opinion was his consistent ally on the Court, Justice Louis …

The Constricted Meaning Of "Community" In Community Policing, Mary I. Coombs

Articles

No abstract provided.

Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs

Articles

In this Article, Professor Coombs argues that the debate about same-sex marriage has wrongfully ignored transgendered people and their relationships. She provides an overview of arguments made by opponents of same-sex marriage, such as tradition, procreation, child-rearing, and family values. She then examines cases involving transsexual marriages and uses this analysis to deconstruct the same-sex marriage debate. Professor Coombs argues that an honest consideration of transgendered people and their relationships forces a re-evaluation of arguments against same-sex marriage and disrupts the gendered patriarchy on which traditional marriage rests. Marriage should be seen as a relationship between two people, regardless of …

Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky

Articles

No abstract provided.

Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby

Articles

No abstract provided.

An Ode To Probable Cause: A Brief Response To Professors Amar And Slobogin, Scott E. Sundby

Articles

No abstract provided.

Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton

Articles

No abstract provided.

Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin

Articles

The proposed draft of Article 2B of the Uniform Commercial Code can be thought of as akin to a complex computer software suite which seeks to dominate a market by offering all things to all people. The author suggests, however, that Article 2B's electronic contracting rules interoperate poorly with existing digital signature laws, and with some forms of electronic commerce. The author also questions whether Article 2B is the proper means to enact controversial rules that ordinarily would make consumers liable for fraudulent uses of their digital signatures by third parties. After considering Article 2B's potential interaction with existing digital …

Religion, Gender, Sexuality, Race And Class In Coalitional Theory: A Critical And Self-Critical Analysis Of Latcrit Social Justice Agendas, Elizabeth M. Iglesias, Francisco Valdes

Articles

No abstract provided.

"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones

Articles

No abstract provided.

Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman

Articles

No abstract provided.

Stumbling Toward Equity: The Role Of Government In Kidney Transplantation, Laura Dooley, Robert Gaston

Scholarly Works

No abstract provided.

Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Scholarly Works

In recent years, the United States Supreme Court has shown an increasing unwillingness to engage in deciding matters that relate to the interpretation of religious practice and belief. While the Justices have articulated valid concerns concerning these cases, courts should not allow these concerns to deter them from making decisions vital to the effective adjudication of Free Exercise and Establishment Clause cases. In fact, it appears that as a result of the Court's increasing refusal to consider carefully the religious questions central to many cases, the Court often tends to group together religious claims and practices, regardless of the relative …

Further Reflections On The Role Of Religion In Lawyering And In Life, Samuel J. Levine

Scholarly Works

No abstract provided.

How Does The New York Constitution Compare To The U.S. Constitution? (Annual Issue On New York State Law: Trends And Developments), Eileen Kaufman, Leon Friedman

Scholarly Works

No abstract provided.

Tort Law (Symposium: The Supreme Court And State And Local Government Law: The 1996-97 Term), Leon D. Lazer

Scholarly Works

No abstract provided.

Tax Expenditure Analysis And Constitutional Decisions , Linda Sugin

Faculty Scholarship

This article looks at the significance of the similarities and differences between tax benefits and direct spending for purposes of the equal protection and establishment clauses, with a particular focus on the charitable contribution deduction. Because economic equivalence is not critical under these constitutional provisions, tax expenditure analysis is not relevant to the legal analysis. While this article deals only briefly with numerous provisions of the Code and analyzes only two constitutional provisions, it provides a model for considering the constitutionality of any tax provision.

Toward A Theory Of Reciprocal Responsibility Between Clients And Lawyers: A Comment On David Wilkins’ Do Clients Have Ethical Obligations To Lawyers? Some Lessons From The Diversity Wars, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

On my plane flight to attend the American Association of Law Schools meeting at which Professor David Wilkins presented his paper, Do Clients Have Ethical Obligations to Lawyers? Some Lessons From the Diversity Wars, the pilot requested passengers to "assist the flight attendants in their principal duty of providing safety to all passengers," following a recent incident with mid-flight turbulence in which one person died and several were injured. The pilot reminded us that "service" was only a secondary function of the flight attendants, with their principal duty being to ensure that all of us traveled and arrived safely, …

Race Trials, Anthony V. Alfieri

Articles

No abstract provided.

Reflections On Teaching In Chile, Janet Stearns

Articles

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

New York State Constitutional Law Trends And Developments: Introduction, Howard Glickstein, Barry Latzer

Touro Law Review

No abstract provided.

Freedom Of Speech - How Does The New York State Constitution Compare To The United States Constitution?, Eileen Kaufman, Leon Friedman

Touro Law Review

No abstract provided.