Law Commons^™

Accommodating Technological Innovation: Identity, Genetic Testing And The Internet, Gaia Bernstein

Vanderbilt Law Review

To evaluate the need for legal change stemming from technological innovation, we need to look beyond the accommodations of specific rules to the impact of technological innovation on social structures, institutes and values. In this Article I study how social tensions created by recent technological innovations produce a need to elevate legal interest from the shadows of legal discourse into the forefront of legal debate. Specifically, I examine two innovations that are exerting significant influence on our lives-genetic testing and the Internet-and their impact on our normative conception of identity. This socially oriented approach leads to several insights.

First, I …

A Winning Hand: A Proposal For An International Regulatory Schema With Respect To The Growing Online Gambling Dilemma In The United States, John D. Andrle

Vanderbilt Journal of Transnational Law

While a multitude of Internet enterprises folded in the 1990s, online gambling websites not only have held strong, but appear to be ready to increase the stakes. No business relating to the Internet currently generates more revenue than online gambling, and that trend does not look like it will change soon. While many Americans desire to participate in this form of cyber-gambling, the current legality of their ability to do so remains vague. For the most part, an American's ability to gamble currently resides under the purview of state law and a hodgepodge of antiquated federal wire acts. The nature …

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) …