Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (16)
- Chicago-Kent College of Law (12)
- SelectedWorks (11)
- University of Colorado Law School (11)
- Maurer School of Law: Indiana University (9)
-
- New York Law School (9)
- Pepperdine University (8)
- The Catholic University of America, Columbus School of Law (8)
- Boston University School of Law (6)
- Vanderbilt University Law School (6)
- American University Washington College of Law (5)
- Mitchell Hamline School of Law (4)
- Schulich School of Law, Dalhousie University (4)
- St. John's University School of Law (4)
- The University of Akron (4)
- University of Maryland Francis King Carey School of Law (4)
- Seattle University School of Law (3)
- St. Mary's University (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- BLR (2)
- Georgetown University Law Center (2)
- Penn State Law (2)
- University at Buffalo School of Law (2)
- University of Florida Levin College of Law (2)
- University of Missouri School of Law (2)
- University of Pittsburgh School of Law (2)
- Washington University in St. Louis (2)
- Barry University School of Law (1)
- Brooklyn Law School (1)
- Cleveland State University (1)
- Publication Year
- Publication
-
- Chicago-Kent Law Review (12)
- Publications (11)
- Faculty Scholarship (10)
- Federal Communications Law Journal (8)
- Catholic University Journal of Law and Technology (6)
-
- Vanderbilt Journal of Entertainment & Technology Law (6)
- Articles & Chapters (5)
- Pepperdine Law Review (5)
- Akron Law Review (4)
- Articles, Book Chapters, & Popular Press (4)
- Faculty Publications (4)
- Journal Articles (4)
- NYLS Law Review (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Jonathan Peters (3)
- Jorge R Roig (3)
- Mitchell Hamline Law Review (3)
- Touro Law Review (3)
- All Faculty Scholarship (2)
- Articles (2)
- Catholic University Law Review (2)
- Danielle Keats Citron (2)
- ExpressO (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Maryland Law Review (2)
- Scholarship@WashULaw (2)
- Seattle University Law Review (2)
- St. John's Law Review (2)
- St. Mary's Journal on Legal Malpractice & Ethics (2)
- The Journal of Business, Entrepreneurship & the Law (2)
- Publication Type
Articles 151 - 167 of 167
Full-Text Articles in Law
Typosquatters, The Tactical Fight Being Waged By Corporations, And Congress' Attempt To Fight Back In The Criminal Arena, David A. Gusewelle
Typosquatters, The Tactical Fight Being Waged By Corporations, And Congress' Attempt To Fight Back In The Criminal Arena, David A. Gusewelle
Vanderbilt Journal of Entertainment & Technology Law
Part II of this Note presents an overview of domain names as well as a general overview of cybersquatting and trademarks. Part III analyzes some of the measures Congress has taken against cybersquatting and the case law under those measures. Part IV gives a general overview of typosquatters, who constitute a subgroup of cybersquatters. Part V discusses the TDNA and issues that have been addressed through U.S. v. Zuccarini. Part VI asks whether the TDNA is an unconstitutional restriction on free speech. Part VII questions whether criminal liability is appropriate and argues for a higher culpability standard in § 2252(B)(b) …
Sound And Fury Signifying Nothing?: Jurgen Bϋssow’S Battle Against Hate-Speech On The Internet, Eric T. Eberwine
Sound And Fury Signifying Nothing?: Jurgen Bϋssow’S Battle Against Hate-Speech On The Internet, Eric T. Eberwine
NYLS Law Review
No abstract provided.
The U.S. Supreme Court Addresses The Child Pornography Prevention Act And Child Online Protection Act In Ashcroft V. Free Speech Coalition And Ashcroft V. American Civil Liberties Union, Sue Ann Mota
Federal Communications Law Journal
Both the Child Pornography Prevention Act ("CPPA") and the Child Online Protection Act ("COPA") were intended by Congress to protect minors. The CPPA was intended to protect minors from the harmful effects of virtual child pornography. The COPA was intended to protect minors from pornography currently available commercially on the World Wide Web. However, in 2002, the U.S. Supreme Court addressed the constitutionality of both statutes: The Court struck down sections of the CPPA as overbroad and unconstitutional in Ashcroft v. Free Speech Coalition. In Ashcroft v. ACLU, the Court upheld some sections of COPA as not unconstitutionally overbroad, but …
Injunctive Relief In The Internet Age: The Battle Between Free Speech And Trade Secrets, Adam W. Johnson
Injunctive Relief In The Internet Age: The Battle Between Free Speech And Trade Secrets, Adam W. Johnson
Federal Communications Law Journal
The information revolution has led to technological innovations in the movement, storage, and dissemination of information. The Internet allows a person, with good or bad intent, to distribute information to millions of people. This ability raises serious implications when trade secret information is the subject of Internet postings. Once a trade secret becomes publicly available, it loses its legal secrecy, and special legal protection. Additionally, competitors and everyone else on the Internet can gain access to the information. For those who rely on trade secret protection to guard their inventions, this presents a growing concern.
This Note will illustrate the …
Your Money Or Your Speech: The Children's Internet Protection Act And The Congressional Assault On The First Amendment In Public Libraries, Steven D. Hinckley
Your Money Or Your Speech: The Children's Internet Protection Act And The Congressional Assault On The First Amendment In Public Libraries, Steven D. Hinckley
Journal Articles
This article examines the inherent conflict between This article examines the inherent conflict between two Congressional approaches to public access to the Internet - the provision of federal funding support to schools and public libraries to ensure broad access to online information regardless of financial means, and federal restrictions on children's use of school and public library computers to access content that the government feels could be harmful to them. It analyzes the efficacy and constitutionality of the Children's Internet Protection Act (CIPA), Congress's attempt to use its powers of the purse to control objectionable online content in the very …
Law And Information Platforms, Philip J. Weiser
Filth, Filtering, And The First Amendment: Ruminations On Public Libraries’ Use Of Internet Filtering Software, Bernard W. Bell
Filth, Filtering, And The First Amendment: Ruminations On Public Libraries’ Use Of Internet Filtering Software, Bernard W. Bell
Federal Communications Law Journal
Traditionally, whenever the government has sought to regulate speech, analysis of its action focused on conventional issues, such as the type of forum involved, whether the government acted in a regulatory or a proprietary role, and whether the regulation could be defined as a prior restraint. With the advent of the Internet and the opportunity for the widespread dissemination of viewpoints, however, new issues have arisen. This Article focuses on the complex questions public libraries face when filtering material, usually of a sexually explicit nature, from the public using filtering software. This Article contends that public libraries require a unique …
Irreconcilable Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku
Irreconcilable Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku
Vanderbilt Journal of Entertainment & Technology Law
This Article argues that under the CDA and OCILLA, Congress adopted facially inconsistent approaches towards ISP liability for expression. Nonetheless, despite the overt differences, it is possible to discern an underlying principle for determining when ISPs should be considered speakers that reconciles this inconsistency. Put simply, the CDA and OCILLA support an approach toward determining when ISPs are speakers that focuses on whether an ISP exercises editorial control over its network. This approach is evidenced by the fact that both statutes recognize that ISPs are able to exercise editorial control over any and all content on their networks, and both …
Resolving Tensions Between Copyright And The Internet, Walter Effross
Resolving Tensions Between Copyright And The Internet, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Application-Centered Internet Analysis, Tim Wu
Application-Centered Internet Analysis, Tim Wu
Faculty Scholarship
There is a now-standard debate about law and the Internet. One side asserts that the Internet is so new and different that it calls for new legal approaches, even its own sovereign law. The other side argues that, although it is a new technology, the Internet nonetheless presents familiar legal problems. It is a battle of analogies: One side refers to Cyberspace as a place, while the other essentially equates the Internet and the telephone.
In my view, these two positions are both wrong and right: wrong in their characterization of the Internet as a whole, yet potentially right about …
Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques
Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques
American University Law Review
No abstract provided.
Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson
Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson
Richmond Journal of Law & Technology
The authors of this book have brought together a vast and varied array of experience. Mr. Thorne is the Vice President & Associate General Counsel for Bell Atlantic; Mr. Huber is a Senior Fellow at the Manhattan Institute for Policy Research; and Mr. Kellogg is a Partner at Kellogg, Huber, Hansen & Todd. A reader will find the occasional use of technical jargon, such as "domsats" (domestic satellites), "coax" (coaxial cable), and "syndex" rules (syndicated exclusivity rules to protect syndicated, non-network programming) to be somewhat confusing. "Telcos" and "cablecos" are telephone and cable companies, respectively. Overall, however, technical jargon is …
Commercial Exploitation Or Protected Use? Stern V. Delphi Internet Services Corporation And The Erosion Of The Right Of Publicity, Aaron J. Reber, Karin Mika
Commercial Exploitation Or Protected Use? Stern V. Delphi Internet Services Corporation And The Erosion Of The Right Of Publicity, Aaron J. Reber, Karin Mika
Touro Law Review
No abstract provided.
Commercial Exploitation Or Protected Use? Stern V. Delphi Internet Services Corporation And The Erosion Of The Right Of Publicity, Karin M. Mika, Aaron J. Reber
Commercial Exploitation Or Protected Use? Stern V. Delphi Internet Services Corporation And The Erosion Of The Right Of Publicity, Karin M. Mika, Aaron J. Reber
Law Faculty Articles and Essays
This article addresses the repercussions of Stern v. Delphi Internet Services Corporation and argues that the decision in Stern opens the door to a broader interpretation of “newsworthiness” and “public interest” that will enable advertisers broader First Amendment protections when using “unauthorized” likenesses. This article posits that artful advertisers could very well use the theory of Stern as a basis for virtually ensuring that every “unauthorized likeness” will enjoy First Amendment protection and not be considered as violative of the right of publicity.
Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll
Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton
All Faculty Scholarship
This article argues for a simple proposition: the First Amendment imposes a presumption against the suppression of speech when suppression would be futile. Suppression is futile when the speech is available to the same audience through some other medium or at some other place. The government can overcome this presumption of futility only when it asserts an important interest that is unrelated to the content of the speech in question, and only when the suppression directly advances that interest.
In Part I, the article explores the role that this unarticulated "futility principle" has played in Supreme Court and other decisions …
Jefferson On The Internet, Nicholas Johnson
Jefferson On The Internet, Nicholas Johnson
Federal Communications Law Journal
No abstract provided.