Law Commons^™

Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton

All Faculty Scholarship

This article argues for a simple proposition: the First Amendment imposes a presumption against the suppression of speech when suppression would be futile. Suppression is futile when the speech is available to the same audience through some other medium or at some other place. The government can overcome this presumption of futility only when it asserts an important interest that is unrelated to the content of the speech in question, and only when the suppression directly advances that interest.

In Part I, the article explores the role that this unarticulated "futility principle" has played in Supreme Court and other decisions …

The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

Prospecting The Internet, Peter W. Martin

Cornell Law Faculty Publications

Potential clients, legal information and expert forums are waiting for lawyers on the 'Net. An innovator in online legal services explains why you need to be there.

Access To The National Information Infrastructure, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Copyright Liability Of Bulletin Board Operators For Infringement By Subscribers, Maureen A. O'Rourke

Faculty Scholarship

As people move onto the Information superhighway in increasing numbers, novel legal Issues arise that challenge the adequacy of existing common law and statutory authority to address new uses of Information technologies. In particular, legal actions involving the liability of electronic bulletin board system operators for acts of their subscribers have begun to proliferate.

Comments On A Revised Filing System, R. Wilson Freyermuth

Faculty Publications

Professor Edward Adams's article, both in terms of its basic structure and the myriad of options it offers, neatly highlights the basic dilemma facing the Drafting Committee as it addresses the future Article 9 filing system. As he correctly notes, the filing system's shortcomings are largely due to its continued dependence on paper records, despite the increasing sophistication and availability of computerized information technology for both filing and searching. Should the Drafting Committee maintain the basics of the current system (a public, paper-based filing system) and merely attempt to identify and correct the existing shortcomings in that system, with some …

Putting Cars On The "Information Superhighway": Authors, Exploiters, And Copyright In Cyberspace, Jane C. Ginsburg

Faculty Scholarship

The advent of the "Information Superhighway" has sparked much speculation about the roles of authorship, of readership, and of literary property in the vast system of interlinked computer networks that has come to be known as "cyberspace." Through computers linked to a digital network, users can access and add to vast quantities of material. At least in theory, every computer user can become his, or her own publisher, and every terminal can become a library, bookstore, or audio and video jukebox.

The prospect of pervasive audience access to and ability to copy and further disseminate works of authorship challenges the …