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- Internet Law (11)
- Intellectual Property Law (10)
- Entertainment, Arts, and Sports Law (7)
- Communications Law (5)
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- International Law (4)
- Privacy Law (4)
- Comparative and Foreign Law (3)
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- Legal Remedies (1)
- Legal Writing and Research (1)
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- Institution
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- Fordham Law School (7)
- Maurer School of Law: Indiana University (5)
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- Northwestern Pritzker School of Law (1)
- Saint Louis University School of Law (1)
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- Publication
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- Federal Communications Law Journal (5)
- Fordham Intellectual Property, Media and Entertainment Law Journal (5)
- Michigan Telecommunications & Technology Law Review (5)
- Fordham Law Review (2)
- ILSA Journal of International & Comparative Law (2)
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- Canadian Journal of Law and Technology (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Northwestern Journal of International Law & Business (1)
- Saint Louis University Law Journal (1)
- Santa Clara Law Review (1)
- South Carolina Law Review (1)
- University of Miami International and Comparative Law Review (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
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- William & Mary Journal of Race, Gender, and Social Justice (1)
Articles 1 - 29 of 29
Full-Text Articles in Law
What’S In A Name?, Jonathan Zittrain
What’S In A Name?, Jonathan Zittrain
Federal Communications Law Journal
Book Review: Ruling the Root, Milton L. Mueller, Cambridge, Mass.: MIT Press, 2002, 301 pages.
A review of Milton L. Mueller's Ruling the Root, The MIT Press, 2002. In the spring of 1998, the U.S. government told the Internet: Govern yourself. This unfocused order-a blandishment, really, expressed as an awkward "statement of policy" by the Department of Commerce, carrying no direct force of law-came about because the management of obscure but critical centralized Internet functions was at a political crossroads. In Ruling the Root, Mueller thoroughly documents the colorful history both before and after this moment of inflection, and gives …
The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret
The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban
The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog
From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill
Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight
Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba
Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba
Michigan Telecommunications & Technology Law Review
Whereas the first sale doctrine historically permitted the transfer and resale of copyrighted works, license agreements used by software companies and the DMCA's strict rules prohibiting tampering with access control devices frustrate exercise of the first sale doctrine with respect to many forms of digital works[...] This article explores the first sale doctrine as it pertains to digital works and proposes ways to make a digital first sale doctrine feasible. Part II describes the first sale doctrine as it has traditionally been applied to non-digital works. Part III discusses modern technology's impact on the distribution and use of copyrighted material. …
Constitutional Issues In Information Privacy, Fred H. Cate, Robert Litan
Constitutional Issues In Information Privacy, Fred H. Cate, Robert Litan
Michigan Telecommunications & Technology Law Review
The U.S. Constitution has been largely ignored in the recent flurry of privacy laws and regulations designed to protect personal information from incursion by the private sector despite the fact that many of these enactments and efforts to enforce them significantly implicate the First Amendment. Questions about the role of the Constitution have assumed new importance in the aftermath of the September 11, 2001 terrorist attacks on the World Trade Center and the Pentagon. Recent efforts to identify and apprehend terrorists and to protect against future attacks threaten to weaken constitutional protections against government intrusions into personal privacy. However, these …
Researching Remedies In Intellectual Property Actions Involving Computer Technology: A Research Guide, Daniel N. Kassabian
Researching Remedies In Intellectual Property Actions Involving Computer Technology: A Research Guide, Daniel N. Kassabian
Michigan Telecommunications & Technology Law Review
The purpose of this research guide is not to answer the question "What remedies are available to an owner of computer related technology whose rights have been infringed?" but to provide a methodology by which a legal practitioner can find the answer to this question. This guide sets forth materials and methods of research that can be used for an inquiry that is broad in scope, such as researching which legal scheme's remedial component best suits a client's technology, but that are also capable of being used for a narrow or limited inquiry, such as looking for specific remedies available …
Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector
Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector
University of Miami International and Comparative Law Review
No abstract provided.
Corporate Cybersmear: Employers File John Doe Defamation Lawsuits Seeking The Identity Of Anonymous Employee Internet Posters, Margo E. K. Reder, Christine Neylon O'Brien
Corporate Cybersmear: Employers File John Doe Defamation Lawsuits Seeking The Identity Of Anonymous Employee Internet Posters, Margo E. K. Reder, Christine Neylon O'Brien
Michigan Telecommunications & Technology Law Review
Communications systems are now wide open and fully accessible, with no limits in range, scope or geography. Targeted audiences are accessible with pinpoint accuracy. Messages reach millions of readers with one click. There is a chat room for everyone. Most importantly, there is no limit on content. Therefore, employees can register their dissatisfaction by posting a message in a chat room. Moreover, the identity of the posting employee is not easily discoverable due to anonymous and pseudonymous communications capabilities. The nature of these online messages is qualitatively different from real-world communications. By way of example, newspapers have a responsibility regarding …
Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr
Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr
Michigan Telecommunications & Technology Law Review
"Carnivore" entered the online world's collective consciousness in June 2000 when the Federal Bureau of Investigation unveiled the Internet surveillance software program to telecommunications industry specialists. The FBI claims the program allows agents to scan the traffic of an Internet Service Provider (ISP) for messages or commands to or from a criminal suspect and then intercept only those messages, capturing copies of e-mails, web site downloads and other file transfers[...] A central issue in the controversy surrounding Carnivore is whether current law permits the FBI to employ the program in the Internet context. Bureau officials claim statutory authority for deployments …
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 …
Carnivore, The Fbi’S E-Mail Surveillance System: Devouring Criminals, Not Privacy, Griffin S. Dunham
Carnivore, The Fbi’S E-Mail Surveillance System: Devouring Criminals, Not Privacy, Griffin S. Dunham
Federal Communications Law Journal
On July 11, 2000, the FBI intorduced Carnivore, an Internet monitoring system. It was designed, and is used exclusively, to carry out court-ordered surveillance of electronic communications. It is a tangible, portable device, tantamount to a phone tap, that allows the FBI to intercept and collect criminal suspects' e-mail without their knowledge or consent. This Note addresses competing and parallel interests between the government and society to determine the legitimacy and necessity of Carnivore. The purpose of this Note is twofold: first, to demonstrate the need for Carnivore to enable law enforcement to keep up with criminals who utilize cyberspace …
Indecent Exposures In An Electronic Regime, Natalie L. Regoli
Indecent Exposures In An Electronic Regime, Natalie L. Regoli
Federal Communications Law Journal
As the topic of data privacy is vast and the subject of much scrutiny, this Comment focuses narrowly on commercial cyber-activities relating to the nonconsensual Internet acquisition of personally identifiable user data. Beginning with a brief examination of the technology that has exacerbated privacy law's inadequacies, it briefly discusses failed attempts to safeguard privacy rights through the market and federal agency management. It then addresses current U.S. privacy legislation and the 1995 European Privacy Directive. Finally, this Comment proposes the creation of a new legislative system to effectively combat the surreptitious collection, storage, use, and sale of personal data.
The Defamation Of Choice-Of-Law In Cyberspace: Countering The View That The Restatement (Second) Of Conflict Of Laws Is Inadequate To Navigate The Borderless Reaches Of The Intangible Frontier, Philip Adam Davis
Federal Communications Law Journal
This Note examines the adequacy of the traditional choice-of-law rules, including the Restatement (Second), in interstate cyber-defamation disputes, and argues that there is nothing different or unique about cyberspace which warrants the modification or abandonment of traditional choice-of-law regimes for cyber-defamation disputes.
Direct-To-Consumer Advertising And The Internet: Informational Privacy, Product Liability And Organizational Responsibility, Audiey C. Kao, Erica Ozanne Linden
Direct-To-Consumer Advertising And The Internet: Informational Privacy, Product Liability And Organizational Responsibility, Audiey C. Kao, Erica Ozanne Linden
Saint Louis University Law Journal
No abstract provided.
Nat Effects: How The Internet Has Changed Abortion Law, Policy, And Process, Kari Lou Frank
Nat Effects: How The Internet Has Changed Abortion Law, Policy, And Process, Kari Lou Frank
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Assessing The Legitimacy Of Governmental Regulation Of Modern Speech Aimed At Social Reform: The Importance Of Hindsight And Causation, Kenneth J. Brown
Assessing The Legitimacy Of Governmental Regulation Of Modern Speech Aimed At Social Reform: The Importance Of Hindsight And Causation, Kenneth J. Brown
William & Mary Bill of Rights Journal
When governmental regulation or punishment of speech occurs subsequent to the speech itself, such regulation is conducted with the benefit of hindsight. This is important because hindsight enables us to discern whether the expression in question has caused any legally cognizable harm. When speech is responsible for such a harm, its punishment is justfied by this causal connection. Yet conversely, when we know that speech is consequence-free, its ex post punishment is conceptually indefensible. In the first part of this article, Mr. Brown criticizes the imminent lawless action standard articulated in Brandenburg v. Ohio for failing to embrace fully this …
2002 Philip C. Jessup International Moot Court Competition, Chris Curran, Hamish Forsyth, Philippa Jones, Alexandra Smithyman, Reuven Young
2002 Philip C. Jessup International Moot Court Competition, Chris Curran, Hamish Forsyth, Philippa Jones, Alexandra Smithyman, Reuven Young
ILSA Journal of International & Comparative Law
The Republic of Turingia and the Republic of Babbage have brought their case before this Court by notification of the Special Agreement as provided for by Article 40(1) of the Statute of the International Court of Justice.
2002 Philip C. Jessup International Moot Court Competition, William Burker-White, David Mascari, Jin-Long Pao, Natalie Reid
2002 Philip C. Jessup International Moot Court Competition, William Burker-White, David Mascari, Jin-Long Pao, Natalie Reid
ILSA Journal of International & Comparative Law
The Republic of Turingia and the Republic of Babbage have brought their case before this Court by notification of the Special Agreement as provided for by Article 40(1) of the Statute of the International Court of Justice. The Court has jurisdiction over the case pursuant to Article 36(2) of the said Statute.
That Which We Call A Domain By Any Other Name Would Smell As Sweet: The Overbroad Protection Of Trademark Law As It Applies To Domain Names On The Internet, Neil Batavia
South Carolina Law Review
No abstract provided.
E-Pluribus Unum?: The Problem Of Anonymous Election-Related Communications On The Internet, Paul A. Werner, Iii
E-Pluribus Unum?: The Problem Of Anonymous Election-Related Communications On The Internet, Paul A. Werner, Iii
Vanderbilt Journal of Entertainment & Technology Law
This Note discusses an aspect of this fundamental question in the context of one provision of the FECA. The FECA's identification requirement, section 441d, prohibits anonymous communications via mass media when any person makes an expenditure for the purpose of financing communications expressly advocating the election or defeat of clearly identified candidates. The mass media included are broadcast, print, direct mail, outdoor advertising facilities, and any other general public political advertising. Communications triggering this provision must contain clear information identifying who paid for and who authorized them. The statute delineates three possible required disclosures: (1) that the communication has been …
Choice Of Law In Online Legal Ethics: Changing A Vague Standard For Attorney Advertising On The Internet, Daniel Backer
Choice Of Law In Online Legal Ethics: Changing A Vague Standard For Attorney Advertising On The Internet, Daniel Backer
Fordham Law Review
No abstract provided.
Who Was That Masked Man? Online Defamation, Freedom Of Expression, And The Right To Speak Anonymously, Jonathon T. Feasby
Who Was That Masked Man? Online Defamation, Freedom Of Expression, And The Right To Speak Anonymously, Jonathon T. Feasby
Canadian Journal of Law and Technology
As the internet continues to reach into the lives of people around the world, it facilitates interaction and the exchange of ideas between far-flung individuals and groups to an extent unprecedented in communications history. However, with this positive effect, the potential of the internet as a forum for defamation and other malfeasance has increased as well. Words online can be heard or read in places conventional forms of speech might never reach. As the United States Supreme Court put it, with the aid of the internet ". . . any person with a phone line can become a town crier …
Introduction, Gregory P. Magarian
Introduction, Gregory P. Magarian
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Oh No, Grandma Has A Computer: How Internet Fraud Will Take The Place Of Telemarketing Fraud Targeting The Elderly, Leda Mouallem
Oh No, Grandma Has A Computer: How Internet Fraud Will Take The Place Of Telemarketing Fraud Targeting The Elderly, Leda Mouallem
Santa Clara Law Review
No abstract provided.
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
Northwestern Journal of International Law & Business
The TRIPS agreement made significant advances over the pre-TRIPS international regime with respect to the protection of computer software. There are at least two significant advances. First, computer software protections have been embedded into the new dispute resolution procedures. Second, both object and source code are protected under the copyright sections of the Agreement. The dispute resolution procedures provide back-end protection (protection after offenses have occurred), while new copyright provisions provide affirmative front-end protection (protection deterring such offenses). However, the Agreement could have, and should have, gone farther to protect the software industry. By not formally deciding on the ability …
Putting A Face To A (Screen) Name: The First Amendment Implications Of Compelling Isps To Reveal The Identities Of Anonymous Internet Speakers In Online Defamation Cases, Jennifer O'Brien
Fordham Law Review
No abstract provided.