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Full-Text Articles in Law
Tales, Techs And Territories: Private International Law, Globalization, And The Legal Construction Of Borderlessness On The Internet, Andrea Slane
Law and Contemporary Problems
The Internet has often been described as "borderless," owing to the technical features of Internet communications that make content accessible to anyone with a network connection, regardless of his or her location. This borderlessness has been widely thought both to confound legal regimes relying on territoriality and to fundamentally create a crisis for jurisdictional determination of both public- and private-law matters. Here, Slane dissects the images of globalization at work in conflicts cases involving harms caused by postings on the Internet and demonstrates how these images work to produce a coherence for the field of conflicts as well as the …
The Anarchist In The Coffee House: A Brief Consideration Of Local Culture, The Free Culture Movement, And Prospects For A Global Public Sphere, Siva Vaidhyanathan
The Anarchist In The Coffee House: A Brief Consideration Of Local Culture, The Free Culture Movement, And Prospects For A Global Public Sphere, Siva Vaidhyanathan
Law and Contemporary Problems
Jürgen Habermas' influential historical work, The Structural Transformation of the Public Sphere, describes a moment in the social and political history of Europe in which a rising bourgeoisie was able to gather in salons and cafes to discuss matters of public concern. The public sphere represented a set of sites and conventions in the eighteenth century in which (almost exclusively male) members of the bourgeoisie could forge a third space to mediate between domestic concerns and matters of state. Here, Vaidhyanathan examines one particular Public Sphere experiment--the rise of a global Free Culture Movement that aims to limit the spread …
Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh
Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh
Law and Contemporary Problems
Volokh presents four cyberspace speech controversies that involve an interesting modern body of speech restrictions: hostile environment harassment law. These examples illustrate three things--in most of the controversies, the result should be driven not by the medium, but by the underlying free speech principles; that the Clinton Administration's role in these areas has been comparatively slight; and that each of the controversies shows that there is considerable truth to the much-maligned concept of the slippery slope.
The First Amendment And Cyberspace: The Clinton Years, James Boyle
The First Amendment And Cyberspace: The Clinton Years, James Boyle
Law and Contemporary Problems
Both in terms of speech regulation and in terms of providing raw material for the legal controversies that shape the law of the First Amendment, the legacy of Pres Clinton's Administration is considerable, and nowhere more than in cyberspace. The most visible example of the Clinton Administration's role in cyberspeech regulation are the Communications Decency Act, which was struck down by unanimous vote of the Supreme Court in 1997, and the Child Online Protection Act, which is now before the courts.