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Music Piracy And The Audio Home Recording Act, Tia Hall Nov 2002

Music Piracy And The Audio Home Recording Act, Tia Hall

Duke Law & Technology Review

In spite of the guidance provided by the Audio Home Recording Act (AHRA) of 1992, music companies are once again at odds with consumer electronics manufacturers. This time around, the dispute is over certain information technology products that enable consumers to copy digital music and transfer them to different formats, or exchange them over the Internet. This article will discuss anti-piracy measures being taken by digital content owners and the United States legislature to combat piracy and evaluate them in light of the AHRA.

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Virtual Child Pornography On The Internet: A “Virtual” Victim?, Dannielle Cisneros Sep 2002

Virtual Child Pornography On The Internet: A “Virtual” Victim?, Dannielle Cisneros

Duke Law & Technology Review

Child pornography is an exception to First Amendment freedoms because it exploits and abuses our nation's youth. The latest trend in that industry is "virtual child" pornography. "Virtual child" pornography does not use real children or images of real identifiable children. When the object of desire is not a child, but merely a combination of millions of computer pixels crafted by a skilled artist, can the government ban this allegedly victimless creation?

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New “Unbundling” Rules: Will The Fcc Finally Open Up Cable Broadband?, Sarah North Sep 2002

New “Unbundling” Rules: Will The Fcc Finally Open Up Cable Broadband?, Sarah North

Duke Law & Technology Review

This iBrief discusses a recent Court of Appeals decision remanding FCC rules on the "unbundling" of Internet services by telephone exchange carriers. These rules ordered many Internet service providers to share their equipment with competitors, so that consumers could choose their providers instead of having to accept all services from the company who installed the physical Internet connection. Cable Internet providers are not included in these rules. This iBrief predicts that cable broadband operators will soon be governed by the same "unbundling" provisions as other ISPs.

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Everyone’S A Critic: Defamation And Anonymity On The Internet, Allison Stiles Mar 2002

Everyone’S A Critic: Defamation And Anonymity On The Internet, Allison Stiles

Duke Law & Technology Review

Internet publishing is easy and has become commonplace in ourtechnology-focused society. Although this type of publication can beexciting and helpful for those interested in communicating an idea, theissue of anonymous speech on the Internet has created some complications in the rather established tort of defamation. This article will discuss two approaches recently taken by two different courts in response to the Internet-anonymity issue and will evaluate them based on their ability to strike a balance between protecting free speech and protecting against defamation.

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Income Distribution Dynamics With Endogenous Fertility, Daniel L. Chen, Michael Kremer Jan 2002

Income Distribution Dynamics With Endogenous Fertility, Daniel L. Chen, Michael Kremer

Faculty Scholarship

Developing countries with highly unequal income distributions, such as Brazil or South Africa, face an uphill battle in reducing inequality. Educated workers in these countries have a much lower birth rate than uneducated workers. Assuming children of educated workers are more likely to become educated, this fertility differential increaases the proportion of unskilled workers, reducing their wages, and thus their opportunity cost of having children, creating a vicious cycle. A model incorporating this effect generates multiple stedy-state levels of inequality, suggesting that in some circumstances, temporarily increasing access to educational opportunities could permanently reduce inequality. Empirical evidence suggests that the …

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Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles Jan 2002

Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles

Faculty Scholarship

Baker v. Carr is one of the Supreme Court's most important opinions, not least because its advent signaled the constitutionalization of democracy. Unfortunately, as is typical of the Court's numerous forays into democratic politics, the decision is not accompanied by an apparent vision of the relationship among democratic practice, constitutional law, and democratic theory. In this Article, Professor Charles revisits Baker and provides several democratic principles that he argues justifies the Court's decision to engage the democratic process. He examines the decision from the perspective of one of its chief contemporary critics, Justice Frankfurter. He sketches an approach, described as …

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Book Review, Donald L. Horowitz Jan 2002