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Articles 391 - 392 of 392
Full-Text Articles in Science and Technology Law
The Uniform Domain Name Dispute Resolution Procedure: Is Too Much Of A Good Thing A Bad Thing, Julia Hornle
The Uniform Domain Name Dispute Resolution Procedure: Is Too Much Of A Good Thing A Bad Thing, Julia Hornle
SMU Science and Technology Law Review
No abstract provided.
Fast, Cheap & Out Of Control: Lessons From The Icann Dispute Resolution Process, Elizabeth G. Thornburg
Fast, Cheap & Out Of Control: Lessons From The Icann Dispute Resolution Process, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
Some people have argued that the uniform dispute resolution process used by ICANN to resolve domain name disputes would be a good model for internet disputes generally. This article argues the opposite: the UDRP teaches sobering lessons about the consequences of privatized dispute resolution processes. The lessons include: the questionable legitimacy of privately-adopted substantive standards; the danger of unprincipled choice of law decisions to fill in the gaps in that private law; unreconciled splits among arbitrators as to the meaning of the standards; and a tendency to expand beyond the narrow jurisdictional limits of the policy. The UDRP also demonstrates …