Law Commons^™

The Internet And Political Campaigns: Some Early Considerations, Ibpp Editor

International Bulletin of Political Psychology

This article provides hypotheses on the effects of the Internet on political campaigns. The IBPP staff hopes that researchers among its readers will attempt to evaluate these hypotheses through combinations of empiricism, rationalism, and other epistemological approaches.

The Threat Of Long-Arm Jurisdiction To Electronic Commerce, Robert J. Aalberts, Anthony M. Townsend, Michael E. Whitman

Faculty and Research Publications

Unfortunately for those whose businesses rely on the Internet, an increasing amount of legal conflict is also arising in reaction to this new business medium. As attorneys and the courts attempt to sort out the Internet’s legal status quo, both are considering such pressing substantive issues as electronic contracts, privacy, trademark, copyright, defamation, computer crimes, censorship, and taxation. It is imperative that information system professionals become aware of how evolving Internet law will affect the medium they are charged with administrating. An informed IS community is also much more capable of mounting legal and political challenges to law that might …

From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul Edward Geller

Duke Journal of Comparative & International Law

No abstract provided.

Domain Names, Globalization, And Internet Governance, Marshall Leaffer

Indiana Journal of Global Legal Studies

No abstract provided.

Withdrawal Of The Reference: Rights, Rules, And Remedies For Unwelcomed Web-Linking, Walter A. Effross

South Carolina Law Review

No abstract provided.

Electronic Commerce On The Internet And The Statute Of Frauds, R. J. Robertson Jr.

South Carolina Law Review

No abstract provided.

Personal Jurisdiction In Cyberspace: Something More Is Required On The Electronic Stream Of Commerce, Howard B. Stravitz

South Carolina Law Review

No abstract provided.

Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn

South Carolina Law Review

No abstract provided.

Internet Solutions To Consumer Protection Problems, Gregory E. Maggs

South Carolina Law Review

No abstract provided.

A Business Lawyer Looks At The Internet, John P. Freeman

South Carolina Law Review

No abstract provided.

Jurisdiction In Cyberspace: A Theory Of International Spaces, Darrel C. Menthe

Michigan Telecommunications & Technology Law Review

Unfortunately, when the law confronts cyberspace the usual mode of analysis is analogy, asking not "What is cyberspace?" but "What is cyberspace like?" The answers are varied: a glorified telephone, a bookstore, a bulletin board. I propose that we look at cyberspace not in these prosaic terms, but rather through the lens of international law in order to give cyberspace meaning in our jurisprudence. The thesis of this paper is that there exists in international law a type of territory which I call "international space." Currently there are three such international spaces: Antarctica, outer space, and the high seas. For …

"Chilling" The Internet? Lessons From Fcc Regulation Of Radio Broadcasting , Thomas W. Hazlett, David W. Sosa

Michigan Telecommunications & Technology Law Review

Congress included the Communications Decency Act (CDA) in the Telecommunications Act signed into law on February 8, 1996. The bill seeks to outlaw the use of computers and phone lines to transmit "indecent" material with provisions of jail terms and heavy fines for violators. Proponents of the bill argue it is necessary to protect minors from undesirable speech on the Internet. The CDA was immediately challenged in court by the American Civil Liberties Union, and the special 3-judge federal panel established to hear the case recently declared the Act unconstitutional. Yet, its ultimate adjudication remains in doubt. Ominously, the federal …

Profits In Cyberspace: Should Newspaper And Magazine Publishers Pay Freelance Writers For Digital Content?, Rod Dixon Esq.

Michigan Telecommunications & Technology Law Review

It is remarkable how fast recent trends have driven an increasing number of publishers of magazines, newspapers, and other similar works to port the print version of their works to digital and electronic format in the form of online computer databases and multimedia CDROM technologies. Online computer databases and CD-ROM media can be exceptionally profitable ventures for publishers who convert a preexisting print work into a digital product. However, publishers' profits from digital media may be impaired if there is a question as to whether the publisher has satisfactorily secured the copyright to the material making up the digital media. …

What State Am I In?: Common Law Trademarks On The Internet , Brian L. Berlandi

Michigan Telecommunications & Technology Law Review

This essay explores the interaction between common law trademarks and the Internet--a relationship that has yet to be scrutinized by the intellectual property and Internet communities. More specifically, it strains to identify a common law mark's territorial zone of protection with respect to the Internet. This is an ambitious endeavor from the start, for there is no case law or published academic material available or directly on-point. As a result, this essay will not be a critique of judicial precedent or academic opinion. Instead, it offers a premonition of future case law and a foreshadowing of legal scenarios that might …

Law Of Nations In Cyberspace: Fashioning A Cause Of Action For The Supression Of Human Rights Reports On The Internet , Thomas Cochrane

Michigan Telecommunications & Technology Law Review

For nearly two decades, two U.S. statutes have provided redress to victims of human rights abuses: the Alien Tort Statute and the Torture Victim Protection Act. A handful of plaintiffs have recovered under these laws against foreign perpetrators of a narrow range of human rights violations. The growth and proliferation of communications technology raises important questions about how these statutes will be used in the future. Human rights activists have discovered that they can instantly communicate over the Internet with supporters and news media anywhere in the world. Repressive regimes have responded by attempting to restrict such communications. Could cutting …

Considering Multiple And Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, And The Internet, Keith Aoki

Indiana Journal of Global Legal Studies

No abstract provided.

The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith

Indiana Journal of Global Legal Studies

No abstract provided.

The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.

Indiana Journal of Global Legal Studies

No abstract provided.

The "Unsettled Paradox": The Internet, The State, And The Consent Of The Governed, David G. Post

Indiana Journal of Global Legal Studies

No abstract provided.

On The Internet And Sovereignty, Saskia Sassen

Indiana Journal of Global Legal Studies

No abstract provided.

Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman

Indiana Journal of Global Legal Studies

No abstract provided.

Introduction: The Internet And The Sovereign State: The Role And Impact Of Cyberspace On National And Global Governance Symposium, David Fidler

Indiana Journal of Global Legal Studies

No abstract provided.

Cyberlaundering: The Risks, The Responses, Sarah N. Welling, Andy G. Rickman

Law Faculty Scholarly Articles

This Article discusses the potential use of electronic cash for money laundering and possible government responses to the problem. Parts I and II provide an overview of electronic cash. Part III explores the effects that electronic cash can have on money laundering. Part IV explains through a series of hypotheticals how "cyberlaundering" can occur. Part V analyzes the federal government's response to the threat of money laundering with electronic cash. Part VI concludes the Article with suggestions.

Networked Health Information: Assuring Quality Control On The Internet, Kristin B. Keltner

Federal Communications Law Journal

The Clinton Administration's Health Information and Applications Working Group promotes networked health information provided to all citizens through the Internet as one way to lower health care costs while improving the health of Americans. Managed care organizations and private health information providers already use the World Wide Web to disseminate consumer health information to broad segments of society. No standards exist to ensure that the information these Web sites carry is accurate and otherwise free from corruption. Disclaimers as to the reliability of the information as well as to the responsibility of the information provider for any harm caused by …

The Electronic First Amendment: An Essay For The New Age, Glen O. Robinson

Duke Law Journal

No abstract provided.

Internet Contacts And Forum Notice: A Formula For Personal Jurisdiction, Darren L. Mccarty

William & Mary Law Review

No abstract provided.

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton

All Faculty Scholarship

This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.

The Dagenais decision demonstrates the continued independence …

Choosing Law In Cyberspace: Copyright Conflicts On Global Networks, Andreas P. Reindl

Michigan Journal of International Law

This article contends that in the digital era, the current system of national, territorially limited copyright laws requires a flexible copyright choice of law regime. To promote certainty and predictability in the choosing of the copyright law applicable to acts of exploitation, choice of law rules should use the location of a user as the principal factor to determine the applicable copyright law. In appropriate circumstances, the choice of law rules should allow the application of a multitude of national copyright laws to single acts of use on digital networks. This article also argues that a broad application of flexible …

The Constitutionality Of Federal Preemption Of State Taxation Of Internet Transactions, Charles P. Gray Jr.

Saint Louis University Public Law Review

No abstract provided.

Study Of Electronic Cash: Its Impact On The Economy And Society, And Its Future, Sanjana Prasad

LLM Theses and Essays

Technological advancement has introduced an electronic method for the payment for goods and services. With these advancements and the growth of the internet, the market-place of the world has become one universe without borders. This paper examines the various methods of electronic payment for goods and services and the domestic and international laws that govern their operations. The paper explores concerns about money laundering, counterfeiting, internet security, cyber scams in electronic cash as well as proffered security solutions to these problems. The paper concludes with the proposition that electronic cash in the form of cards (ATM) are more accessible to …