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 …

Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Computer Bulletin Board Operator Liability For Users' Infringing Acts, M. David Dobbins

Michigan Law Review

This Note argues that a computer bulletin board operator's liability for copyright infringement by users of the bulletin board should be analyzed under the theory of contributory copyright infringement. This Note calls for a standard of liability under contributory copyright infringement that accommodates the competing interests at stake in the resolution of this issue. Part I provides an overview of copyright infringement law and argues that in most situations the operator's actions, viewed independently, do not constitute copyright infringement. Part II explores theories of third-party liability. This Part rejects the doctrine of vicarious liability as an effective means for establishing …

Censorship Of Cyberspace A Personal Choice, I. Trotter Hardy

Popular Media

No abstract provided.

Risk And Rapa On The Internet, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Editorial news item announcing new email addresses and electronic formats for back issues and indexes. Details on an upcoming conference entitled Promoting and Managing Genome Innovation scheduled to be held October 13-14, 1995 are also given.

Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece

Michigan Telecommunications & Technology Law Review

The world economy is experiencing a technological revolution, fueled by rapid advances in microelectronics, optics, and computer science, that in the 1990s and beyond will dramatically change the way people everywhere communicate, learn, and access information and entertainment. This technological revolution has been underway for about a decade. The emergence of a fully-interactive communications network, sometimes referred to as the "Information Superhighway," is now upon us. This highway, made possible by fiber optics and the convergence of several different technologies, is capable of delivering a plethora of new interactive entertainment, informational, and instructional services that are powerful and user-friendly. The …

The Freedom Of Speech At Risk In Cyberspace: Obscenity Doctrine And A Frightened University’S Censorship Of Sex On The Internet, Jeffrey E. Faucette

Duke Law Journal

No abstract provided.

Trademarks Along The Infobahn: A First Look At The Emerging Law Of Cybermarks, Dan L. Burk

Richmond Journal of Law & Technology

Use of the global Internet computer network is rising exponentially. As Internet subscription increases disagreements between users are expected to arise, just as where any sizeable number of human beings interact, disagreements may be expected to arise. To date, on-line disputes have been primarily dealt with via informal solutions, such as the polite conventions of "netiquette" shared by Internet users. However, as the community of Internet users grows increasingly diverse, formal dispute resolution mechanisms, embodied as law and legal institutions, may be called upon by the parties to resolve disagreements. For example, several acrimonious disputes have already arisen over the …

A Lawyer's Ramble Down The Information Superhighway, Alan H. Bomser

Fordham Law Review

No abstract provided.

Defining Cyberlibel: A First Amendment Limit For Libel Suits Against Individuals Arising From Computer Bulletin Board Speech, Jeremy Stone Weber

Case Western Reserve Law Review

No abstract provided.

Copyright, Jessica R. Friedman

Fordham Law Review

No abstract provided.

Patent Law, John G. Costa

Fordham Law Review

No abstract provided.

Trademark, Jessica R. Friedman

Fordham Law Review

No abstract provided.

Defamation, Jessica R. Friedman

Fordham Law Review

No abstract provided.

Forum Non Conveniens, Stephen H. Weiner

Fordham Law Review

No abstract provided.

Privacy And Communications Networks, Joseph A. Post

Fordham Law Review

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.

Privacy And Security Of Data, Judith Beth Prowda

Fordham Law Review

No abstract provided.

Universal Service And The Information Superhighway: Perspectives From The Telecommunications Experience, Joseph A. Post

Fordham Law Review

No abstract provided.

Censorship, Charles L. White

Fordham Law Review

No abstract provided.

Recent Antitrust Developments And A Selective Antitrust Perspective Of The Information Superhighway, Stewart A. Pomerantz

Fordham Law Review

No abstract provided.

The First Amendment And The National Information Infrastructure, Fred H. Cate

Articles by Maurer Faculty

What the First Amendment status of electronic information should be is a fundamental question which must be addressed in any attempt to arrive at appropriate legal standards to protect the multifarious interests of the users of cyberspace. Yet, despite its importance, the First Amendment has largely been ignored in the debate surrounding what sort of legal framework should control the emerging National Information Infrastructure. Professor Cate surveys the current terrain of First Amendment jurisprudence and describes the different analytical approaches which may be taken. Doctrinal anomalies such as the law of common carriage indicate that at times the courts have …

The Top Fives: An Internet Pathfinder For Law Librarians, Yolanda Patrice Jones

Articles by Maurer Faculty

Many law librarians are currently beginning to explore the Internet as a source of legal information. One of the most frequently asked questions after one gets an Internet connection is "Where do I go from here?" The following pathfinder is a list of what I consider to be the most important resources which will lead the legal researcher to the widest possible amount of legal information on the Internet.

This list is purely subjective, and certainly not complete. I tried to stick to the 'top five' format as much as possible, but every so often I couldn't help myself from …

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 …