Law Commons^™

Note: The Lesson Of Lopez: The Political Dynamics Of Federalism's Political Safeguards, Daniel Lyons

Daniel Lyons

No abstract provided.

Understanding The Solution For Microsoft, Ivo T. Gico

Ivo Teixeira Gico Jr.

Nesse artigo, o autor examinou a solução do caso da Microsoft, tentando responder as seguintes perguntas: Seria a Microsoft responsável pelo monopólio do mercado de sistemas operacionais e pela vinculação ilegal no mercado de navegadores? Qual seria a solução menos drástica e intrusiva que poderia solucionar todas as acusações? Teria o Judiciário encontrado uma solução equilibrada para criar a competção sem destruir a Microsoft? Que abordagem seria melhor?

In this paper, the author examines the issue of relief in the Microsoft case, trying to answer the following questions: Is Microsoft liable for monopolization on the operating system market and illegal …

In Wake Of Deadly Tsunami Comes Dangerous Litigation, Daniel Lyons

Daniel Lyons

No abstract provided.

Davidson & Associates, Inc. V. Internet Gateway, Inc. ("Bnetd"), Eighth Circuit, Brief Of Amici Curiae Consumers Union And Public Knowledge In Support Of Internet Gateway, Inc., Tim Jung, Ross Combs And Rob Crittenden, Laura Quilter, Jennifer Urban, Deirdre Mulligan

Jennifer M. Urban

Svensk Domstols Behörighet Vid Gränsöverskridande Varumärkestvister – Särskilt Om Internetrelaterade Intrång [Jurisdiction In Cases Of Cross-Border Trademark Infringements], Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Tattoos On Our Digital Skin: Anonymity, Privacy, And Accountability In Cyberspace, Sam Grey

Sam Grey

While it may be oddly flattering that Chapters, Amazon or HMV knew you would like the new Johnny Cash compilation album, you may be less than thrilled to discover that they also knew about your prescription drug addiction, your crabs, your bankruptcy, or your having skipped out on the rent one month back in 1993. When you add the possibility of your favourite e-retailer sharing your personal information- for a profit- to the frank probability of their having known it in the first place, what you initially found flattering may begin to appear more offensive and ominous. Simply put, there …

Nothing New Under The Sun? A Technologically Rational Doctrine Of Fourth Amendment Search, Stephen E. Henderson

Stephen E Henderson

The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. Yet as interpreted by the United States Supreme Court, the Amendment places no restriction on police combing through financial records; telephone, e-mail and website transactional records; or garbage left for collection. Indeed there is no protection for any information knowingly provided to a third party, because the provider is said to retain no reasonable expectation of privacy in that information. As technology dictates that more and more of our personal lives are available to anyone equipped to receive them, and as social norms dictate that more and …

Comparative Analysis Of Qualcomm Case Regarding Its Duty In Standard-Setting Organization And Possible Antitrust Claims Brought By Its’ Competitors In U.S. And E.U., Tanit Follett

Tanit Follett, J.S.D.

The Standard Setting Organization of IP rules has a confused mixture of legal theories that lead to the problem of disclosure. Each of the SSO IP rules has its own pitfalls. In general, considering all rules together, these legal rules share the same common goal in ensuring that participating IP owners do what they promised to do and disclose what they are bound to disclose. In addition, SSO rules concerning the rights of IP owner have raised a number of antitrust issues. One side believes that SSO rules are procompetitive so long as they encourage more innovation than restraints, while …