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Full-Text Articles in Law
Nodes And Gravity In Virtual Space, Andrew D. Murray
Nodes And Gravity In Virtual Space, Andrew D. Murray
Professor Andrew D Murray
No abstract provided.
Internet Regulation, Andrew D. Murray
Internet Regulation, Andrew D. Murray
Professor Andrew D Murray
An introductory examination of the key Schools of cyberegulatory theory including an examination of Cyberpaternalism; Cyberlibertarianism and Network Communitarianism.
The World Of Bits, Andrew D. Murray
The World Of Bits, Andrew D. Murray
Professor Andrew D Murray
This is Chapter One of my forthcoming book Information Technology Law: The Law and Society to be published by Oxford University Press in May 2010. It is made available as a limited preview.
Regulating The Post-Regulatory Cyber-State, Andrew D. Murray
Regulating The Post-Regulatory Cyber-State, Andrew D. Murray
Professor Andrew D Murray
This Chapter looks at how regulation succeeds and fails within the environment of Cyberspace which has a different physical and social construct than Real Space. It discusses my key concept of Symbiotic Regulation and explains how regulation may be effectively implemented using models which harness the community in the regulatory process.
Symbiotic Regulation, Andrew D. Murray
Symbiotic Regulation, Andrew D. Murray
Professor Andrew D Murray
In this paper the author examines the development and design of regulatory structures in Cyberspace. The paper considers and models how all forms of control – including design and market controls, as well as traditional command and control regulation are to be applied within the complex and flexible environment of Cyberspace. Drawing on the work of Cyber-regulatory theorists such as Yochai Benkler, Joel Reidenberg and Lawrence Lessig and matching it with an examination of social ordering from the English Peasant’s Revolt to the more modern theories of Jurgen Habermas and Nicklaus Luhmann this paper suggests a model of Cyber-regulation which …
Regulating Electronic Contracts: Comparing The European And North American Approaches, Andrew D. Murray
Regulating Electronic Contracts: Comparing The European And North American Approaches, Andrew D. Murray
Professor Andrew D Murray
The development of on-line retailing (or e-tailing) is an essential element of the commercial development of Cyberspace and has provided the foundation of a flourishing online business community. The ability to enter into and perform contracts online is at the heart of this development. Without the certainty offered by a legal obligation to supply goods or services consumers may feel exposed, leading to faltering consumer confidence in electronic commerce with potentially harmful economic consequences. This paper compares how the two leading e-commerce trade blocs, the European Union and the United States have dealt with these challenges. It will highlight the …
Regulation And Rights In Networked Space, Andrew D. Murray
Regulation And Rights In Networked Space, Andrew D. Murray
Professor Andrew D Murray
The Internet is often described as inherently free from regulation; a space where freedoms and liberties are guaranteed by the design of the network environment. The naivety of this view has, however, been exposed by commentators such as Andrew Shapiro, Joel Reidenberg and Lawrence Lessig who have clearly demonstrated the inherent regulability of networked space. The question no longer is: can networked space be regulated? But rather: how and by whom is it regulated? This paper examines the regulation of rights in networked space. In seeking to address this issue, property rights and rights to free speech, or free expression, …