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Front Matter

Journal of Air Law and Commerce

No abstract provided.

The Exclusion Of Y2k Related Losses From Aviation Insurance Policies - Practicalities, Politics, And Legalities, Tony Pyne

Journal of Air Law and Commerce

No abstract provided.

Education And The Constitution: Shaping Each Other And The Next Century, Elizabeth Reilly

Con Law Center Articles and Publications

Thinking about the interaction between the Constitution and education reveals that they are deeply interconnected, at profound levels of interdependence and complexity. Those connections are often strikingly visible, but are sometimes quite subtle.

A fundamental interdependence was formed with the decision to formulate our governmental structure as a democratic republic. The Constitution created the necessity for adequate public education to prepare the citizenry to exercise the role of self-government. An educated voting public underpins a successful democratic structure, as was explicitly recognized in Brown v. Board of Education, in which the Court acknowledged:

the importance of education to our democratic …

A Circus Among The Circuits: Would The Truly Famous And Diluted Performer Please Stand Up? The Federal Trademark Dilution Act And Its Challenges, Xuan-Thao Nguyen

Articles

Sometimes, nothing is more painful than the truth. Congress passed the celebrated Federal Trademark Dilution Act of 1995 (“the Act” or the “Dilution Act”) with great hope that it would create a uniform anti-dilution law, end forum shopping, and encourage trademark owners to build brand equity with more ease. Congress was overwhelmingly in favor the Act, and thus passed it with little debate, leaving behind a sparse congressional record. In its haste to pass the Act, Congress failed to address whether the Act extends to product design marks; whether the Act requires proof of actual economic harm, or if likelihood …

Understanding Internet Co-Branding Deals, Eric Goldman, Candice Lee

Santa Clara High Technology Law Journal

No abstract provided.

The History Of Electronic Mail In Litigation, Samuel A. Thumma, Darrel S. Jackson

Santa Clara High Technology Law Journal

No abstract provided.

The Limitations Of Trademark Law In Addressing Trademark Keyword Banners, Matthew A. Kaminer

Santa Clara High Technology Law Journal

No abstract provided.

International Taxation Of Electronic Commerce Income: A Proposal To Utilize Software Agents For Source-Based Taxation, Barrett Schaefer

Santa Clara High Technology Law Journal

No abstract provided.

Public Data And Personal Privacy, Steven C. Carlson, Ernest D. Miller

Santa Clara High Technology Law Journal

No abstract provided.

Windfall Property Rights For The Left Out Co-Inventor Who Gets Let Into The Patent, Philip Konecny

Santa Clara High Technology Law Journal

No abstract provided.

Are Business Method Patents Bad For Business?, Rochelle Dreyfuss

Santa Clara High Technology Law Journal

No abstract provided.

Symposium On Internet Privacy, Alison J. Choppelas, Sarah Beth Mcowen

Santa Clara High Technology Law Journal

No abstract provided.

Surfing The Web For Capital: The Regulation Of Internet Securities Offerings, Jonas A. Marson

Santa Clara High Technology Law Journal

No abstract provided.

Cyber-Crimes: A Practical Approach To The Application Of Federal Computer Crime Laws, Eric J. Sinrod, William P. Reilly

Santa Clara High Technology Law Journal

No abstract provided.

Big Bird Meets Big Brother: A Look At The Children's Online Privacy Protection Act , Laurel Jamtgaard

Santa Clara High Technology Law Journal

No abstract provided.

Privacy On The Internet: The Evolving Legal Landscape , Debra A. Valentine

Santa Clara High Technology Law Journal

No abstract provided.

Multivideo Lab V. Intel Corporation, Karen A. Gibbs

Santa Clara High Technology Law Journal

No abstract provided.

Intergraph Corporation V. Intel Corporation, Richard J. Gray, David Banie

Santa Clara High Technology Law Journal

No abstract provided.

Wang Laboratories, Inc. V. America Online, Inc. And Netscape Communications Corp., Daniel R. Harris, Janice N. Chan

Santa Clara High Technology Law Journal

No abstract provided.

Atmel Corporation V. Information Storage Devices, Inc., Albert Smith, Jennifer Ishimoto

Santa Clara High Technology Law Journal

No abstract provided.

Legislative Note: Recent State Laws Regulating Unsolicited Electronic Mail, Max P. Ochoa

Santa Clara High Technology Law Journal

No abstract provided.

The Toro Company V. White Consolidated Industries, Inc., C. Douglass Thomas

Santa Clara High Technology Law Journal

No abstract provided.

Pirates Of The 21st Century: The Threat And Promise Of Digital Audio Technology On The Internet, Rebecca J. Hill

Santa Clara High Technology Law Journal

No abstract provided.

World Wrestling Federation Entertainment, Inc. V. Michael Bosman: A Legal Body Slam For Cybersquatters On The Web, M. Scott Donahey, Ryan S. Hilbert

Santa Clara High Technology Law Journal

No abstract provided.

At The Intersection Of Visible And Invisible Worlds: United States Privacy Law And The Internet , Dorothy Glancy

Santa Clara High Technology Law Journal

No abstract provided.

Limitation Of Liability, Craig Allen

Articles

From the list of "problems" with the Limitation Act in the U.S. that are within the federal courts' power to resolve, I have elected to discuss three. Necessarily, the coverage of each problem will be brief. After a short summary of the Limitation Act's principal features, the essay examines the recurring confusion over the relevance of unseaworthiness in limitation actions. Second, it highlights the need to update the courts' choice of law doctrine for limitation issues. Finally, it turns to an issue that is only beginning to emerge, and one which the federal courts may yet save from idiosyncratic precedents …

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iv), Craig H. Allen

Articles

No abstract provided.

Electronic Records And Signatures Under The Federal E-Sign Legislation And The Ueta, Robert A. Wittie, Jane K. Winn

Articles

Federal legislation establishing legal parity between electronic records and signatures and their paper and ink counterparts was signed into law June 30, 2000, and became effective, at least for most purposes, on October 1. The Electronic Signatures in Global and National Commerce Act (E-SIGN or the Act) effectively sweeps away a myriad of anachronistic and inconsistent state and federal requirements for paper and ink documents and signatures. In so doing, E-SIGN eliminates many of the legal uncertainties that have surrounded the use of electronic media in commerce and should enable businesses and consumers alike to more fully realize the cost …

Making Xml Pay: Revising Existing Electronic Payments Law To Accommodate Innovation, Jane K. Winn

Articles

Many businesses today are rushing to embrace "e-Business" technologies in a mad scramble to remain competitive. Only a few years ago, simply using email instead of faxes or phone calls, converting a purchasing system to EDI technology, or building a corporate Web site might have seemed like important advances in the use of new information technologies.

Businesses are now moving beyond such "electronic commerce" technologies and trying to integrate their disparate information systems and business processes into a comprehensive new "e-Business" structure. At the heart of this new model for business organization is the idea that information and resources should …

The Myth Of The Win-Win: Misdiagnosis In The Business Of Reassembling Nature, William H. Rodgers, Jr.

Articles

This Article starts with a closer than customary look at the most serious obstacle to the ambitious campaign of environmental restoration that is the focus of this Symposium. That obstacle is the human brain.

The Article contends that human cognitive processes are marvelous designers of serviceable self-deceptions. In the war on nature that we witnessed in the twentieth century the most functional of these is the firm belief in a non-zero sum world. This is the conviction that gains from economic development could be enjoyed without sacrifice of the natural world.

This is a convenient, powerful, and serviceable myth although …