Law Commons^™

Commentary: Part Iv, W. Hays Parks

International Law Studies

No abstract provided.

Introduction (Volume 78)

International Law Studies

No abstract provided.

Propositions On The Law Of War After The Kosovo Campain, Ruth Wedgewood

International Law Studies

No abstract provided.

Open Source, Open Arms: An Open-Ended Question, Alana Maurushat

Canadian Journal of Law and Technology

This paper is structured to address several aspects and challenges to the open source movement. Beginning with an outline of the historical and cultural components of the open source movement, the paper will move on to explore the economic and philosophical underpinnings of intellectual property. It will be demonstrated that open source finds itself uniquely situated within these theories and doctrines. The questions that open source poses for intellectual property will then be examined. My arguments will stem from the general premise that open source is threatened by three mechanisms: the uncertainty of the validity of open source licenses, potentially …

Publisher's Note

Cardozo Law Review

No abstract provided.

Virtual Child Pornography: Criminal Conduct Or Protected Speech?, Daniel S. Armagh

Cardozo Law Review

No abstract provided.

Digitized Pornography Meets The First Amendment, Eric M. Freedman

Cardozo Law Review

No abstract provided.

Child Pornography In A Virtual World: The Continued Battle To Preserve The Child Pornography Prevention Act Of 1996, Vincent Mccarthy

Cardozo Law Review

No abstract provided.

Carl Schmitt In Context: Reflections On A Symposium, Detlev F. Vagts

Cardozo Law Review

No abstract provided.

Hegel's Theory Of Quantity, David Gray Carlson

Cardozo Law Review

No abstract provided.

The Once And Future Property Tax: A Dialogue With My Younger Self, Edward A. Zelinsky

Cardozo Law Review

No abstract provided.

Changing Legal Consciousness In America: The View From The Joke Corpus, Marc Galanter

Cardozo Law Review

No abstract provided.

The Importance Of Diversity In The Legal Profession, Eric H. Holder Jr.

Cardozo Law Review

No abstract provided.

Do Debtors Owe Rent To Their Bankruptcy Trustee For Remaining In The Home After Filing And Prior To Foreclosure, Notwithstanding A Homestead Exemption?, Vladimir Elgort

Cardozo Law Review

No abstract provided.

The Blooding Of America: Privacy And The Dna Dragnet, Jeffrey S. Grand

Cardozo Law Review

No abstract provided.

Comprehensive References And Indexes, Volume 23 (2001-2002)

Cardozo Law Review

No abstract provided.

The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang

Research Collection School Of Economics

This paper attempts to study the usage of the GATT/WTO dispute settlement mechanism and to explain its patterns across different regimes and decades, using a unified theoretical model. This study first explores the role of the degree of legal controversy over a panel ruling in determining countries’ incentives to block/appeal a panel report under the GATT/WTO regime. The model is able to explain the surge in blocking incidence during the 1980s over the preceding GATT years and the immense frequency at which the new appellate procedure under the WTO is invoked. Furthermore, a two-sided asymmetric information framework is used to …

Solving Legal Issues In Electronic Government: Jurisdiction, Regulation, Governance, John D. Gregory

Canadian Journal of Law and Technology

This paper looks at who can be governed, what can be governed, and how it can be governed in an electronic world. Whether law aims to be enabling (i.e., confirming the ground rules and the legal effectiveness of general conduct) or normative (i.e., imposing standards of conduct on more or less willing subjects), the new media presents difficulties for its rational evolution.

These are distinct questions from those raised by government online. Electronic service delivery issues tend to focus on how government can carry on its traditional programs using electronic means and how the law can support it in doing …

Global Trecs: The Regulation Of International Trade In Cyberspace, J. Steele

Canadian Journal of Law and Technology

This paper provides an overview of trade-related aspects of electronic commerce, and examines three approaches for regulating international trade in cyber- space. A model which integrates these approaches is then proposed, emphasizing private standards of self-regula- tion within a broader public framework of minimal background standards. A summary of potential areas of conflict between competing regulatory approaches fol- lows, and the paper concludes that both the WTO and the OECD have important roles to play in the develop- ment of international consensus towards a harmonized framework for the regulation of global TRECs.

M-Commerce: The Notion Of Consumer Consent In Receiving Location-Based Advertising, Eloïse Gratton

Canadian Journal of Law and Technology

The development of location-based advertising, for all its convenience and usefulness, introduces new and heightened privacy risks for consumers that must be addressed. The portability of wireless devices and the ubiquity of their applications, coupled with an ability to pinpoint the location of wireless users and reveal it to others, could produce a system where the everyday activities and movements of these users are tracked and recorded. Wireless users would receive unanticipated advertising messages on their wireless device, commonly referred to as ‘‘wireless spam’’, generally considered a form of privacy violation.

In order to obtain a valid consent from the …

The Patriation Of .Ca, Gregory R. Hagen, Kim G. Von Arx

Canadian Journal of Law and Technology

Country code top level domains (‘‘ccTLD’’s), such as .ca, are distinct from generic top-level domains (‘‘gTLD’’s), such as .com, in that they are generally conceived to be associated with a specific country. In Canada, the authority to operate the technical functions of the .ca domain name registry has been delegated to the Canadian Internet Registration Authority (‘‘CIRA’’) by a United States non-profit corporation, the Internet Corporation for Assigned Names and Numbers (‘‘ICANN’’). The authority to make policy regarding the .ca has purportedly been delegated to CIRA by the Government of Canada. There is an issue, however, as to whether ICANN’s …

The New Singapore Domain Name Dispute Resolution Policy: The Context Of The Common Law And Icann's Udrp, Richard Wu

Canadian Journal of Law and Technology

In this article, I will analyse the salient features of the Policy and evaluate the extent to which they match international practice. I will focus, in particular, upon the Uniform Domain Name Dispute Resolution Policy (UDRP) and the rules made under the UDRP. The Internet Corporation for Assigned Names and Numbers (ICANN), the international body responsible for domain name management, adopted both in 1999. As the nature of domain name disputes and dispute resolution rules are very similar in different countries, domain name disputes are becoming a global phenomenon, leading to the development of a kind of ‘‘Internet common law’’. …

The Personal Information Protection And Electronic Documents Act: A Comprehensive Guide By William Charnetski, Patrick Flaherty And Jeremy Robinson (Toronto Canada Law Book Inc., 2001), Teresa Scassa

Canadian Journal of Law and Technology

The Personal Information Protection and Electronic Documents Act: A Comprehensive Guide (the Guide) is the second book to be published in English in Canada dealing expressly with the Personal Information Protec- tion and Electronic Documents Act (PIPEDA). The Guide is different from the earlier work, in that it is not a section by section discussion or annotation of the provisions of PIPEDA. Rather, it is organized into eight chapters, each addressing a distinct theme or topic. The Guide is also aimed at a more professional audience than the earlier work. In its introduction, and in its choice of content, it …

The First International Competition For Online Dispute Resolution: Is This Big, Different And New?, Benjamin G. Davis, Franklin G. Snyder, Kay Elkins Elliott, Peter B. Manzo, Alan Gaitenby, David Allen Larson

Faculty Scholarship

In February of 2002, the International Competition for Online Dispute Resolution (ICODR) was held to address the issue of new uses of technology is dispute resolution. This article describes the competition with individual presentations from the perspectives of a problem drafter, a coach, a participant, the evaluators, and an organizer. In the conclusion, the author presents some observations on why this International Competition for Online Dispute Resolution is big, different, and new.

The Rights Of Animals: A Very Short Primer, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Do animals have rights? Almost everyone believes in animal rights, at least in some minimal sense; the real question is what that phrase actually means. By exploring that question, it is possible to give a clear sense of the lay of the land—to show the range of possible positions, and to explore what issues, of theory or fact, separate reasonable people. On reflection, the spotlight should be placed squarely on the issue of suffering and well-being. This position requires rejection of some of the most radical claims by animal rights advocates, especially those that stress the “autonomy” of animals, or …

'Within The Orbit Of This Life' – Samuel Pufendorf And The Autonomy Of Law, David Saunders

Cardozo Law Review

No abstract provided.

Uncertain Risk: The United States Military And The International Criminal Court, Christopher M. Van De Kieft

Cardozo Law Review

No abstract provided.

An Introduction To The Rules Of Evidence Applicable To Collection Cases In Maryland Trial Courts, Lynn Mclain

All Faculty Scholarship

This class handout introduces students to the basic concepts of evidence using examples and language from the Maryland Rules of Evidence.

Oath Taking, Truth Telling, And Remedies In The Business World: Hearing Before The H. Comm. On Energy And Commerce, 107th Cong., July 26, 2002 (Statement Of Sherman Cohn, Prof. Of Law, Geo. U. L. Center), Sherman L. Cohn

Testimony Before Congress

No abstract provided.

Adalah -- The Legal Center For Arab Minority Rights In Israel V. City Of Tel Aviv-Jaffa, Aharon Barak, Dalia Dorner, Mishael Cheshin

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The subject of the Petition is whether city councils within whose jurisdiction resides an Arab minority have a duty to use the Arabic language – alongside the Hebrew language – in all city signage. The Petitioners maintain that in cities where there is an Arab minority all city signs must include writing in Arabic as well. On the other hand, the Respondents believe that …