Law Commons^™

Should The Internet Exempt The Media Sector From The Antitrust Laws?, Thomas J. Horton, Robert H. Lande

All Faculty Scholarship

This article examines whether the "old media" and the "new media", including the Internet, should be considered to be within the same relevant market for antitrust purposes. To do this the article first demonstrates that proper antitrust consideration of the role of non-price competition necessitates that “news” and “journalism” be analyzed in two distinct ways. First, every part of the operations of a newspaper (or other type of media source), including its investigative reporting and local coverage, should be assessed separately. We present empirical evidence collected for this study which demonstrates that the old media continues to win the vast …

Unauthorized Televised Debate Footage In Political Campaign Advertising: Fair Use And The Dmca, Susan Park

Management Faculty Publications and Presentations

No abstract provided.

The Internet Is Not A Super Highway: Using Metaphors To Communicate Information And Communications Policy, Kristen Jakobsen Osenga

Law Faculty Publications

Do metaphors influence our information policy preferences? Professor Osenga thinks so, which makes it especially important to choose the right one, as a metaphor is often the primary tool the general public uses to understand information policy. Using a five-point rubric, she evaluates, among others, understanding the Internet as “tubes,” “highway,” “space (cyberspace),” “coffee shop/bar” and “cloud.” Osenga finds them all lacking in important ways. However, she believes the metaphor of the Internet as “ecosystem” is very promising and deserves to be further developed.

From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This Article traces the history of the child pornography laws and sentencing policy in Part I. Part II explains the technologies that have caused some of the current controversies, and then Part III describes how these technologies have blurred the offenses. Finally, Part IV makes suggestions as to how the law could better reflect technology and comport with a refined harm rationale. Courts, legal scholars, and medical experts have explained the harm includes the sexual abuse captured in the images and the psychological injury the victim endures knowing the images are being viewed. This Article further develops the harm rationale …

Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman

Articles & Chapters

While the Internet has changed dramatically since the early 1990s, the legal regime governing the right to privacy online and Internet speech is still steeped in a myth of the Internet user, completely hidden from others, in total control of his online experience, and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility, and radical individuation online, allowing the evisceration of online privacy and the proliferation of hate and harassment.

I argue that the myth of the online anonym is not only false as a …

A Fork In The Stream: The Unjustified Failure Of The Concurrence In J. Mcintyre Machinery Ltd. V. Nicastro To Clarify The Stream Of Commerce Doctrine, Cody Jacobs

Faculty Scholarship

This article critiques the concurring opinion in the recent United States Supreme Court personal jurisdiction decision in J. McIntyre Machinery Ltd. v. Nicastro. That opinion declined to choose between the competing approaches to the stream of commerce doctrine because of perceived flaws in those approaches and because the facts of Nicastro did not involve modern technology.

Consumer products are increasingly distributed through international distribution chains. Whether foreign manufacturers who utilize such chains are amenable to personal jurisdiction in states where their products are distributed has become a hotly litigated issue because of the Supreme Court’s 4-4-1 split decision over 20 …